Common use of Use of Subleased Premises Clause in Contracts

Use of Subleased Premises. 8.1. The purposes for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions and Recitals, and for no other uses without Sublessor's and PDA's prior written consent. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not granted in this Section 8.1. 8.2. Sublessee recognizes that the uses authorized in Section 8.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDA, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at Sublessee's sole cost and expense. 8.4. Sublessee shall obtain all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor ), and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith.

Appears in 3 contracts

Samples: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)

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Use of Subleased Premises. 8.19.1. The purposes for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions general arid business office uses, research and Recitalsdevelopment offices, light industry and light manufacturing, and for customary accessory uses thereto, to include, as applicable, -off-street parking. and loading, employee day care, training and recreational facilities, shipping and receiving, anti f6r no other uses without Sublessor's and PDA's prior written consent. consent Sublessee shall not use, or permit to be used, ' the Subleased Premises for any other purpose without the prior xxxxx express written consent of Sublessor and PDA. Sublessor's and PDA.` Sublessor's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring requiting the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDASublessor. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.19.1. 8.29.2. Sublessee recognizes that the uses authorized in Section 8.1 9.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport other than the Subleased Premises for similar, ; identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended mended from time to time. 8.39.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean clan and orderly condition and shall be responsible for trash removal in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor Sublessee agrees to cause trash receptacles to be emptied and sad trash removed at Sublessee's sole cost and expense. 8.49.4. Sublessee shall obtain warrants that prior to engaging in any permitted use, it will hold all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )hereunder, and that the same are and will with be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms teams of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courtscounts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. 9.5. Notwithstanding the foregoing or any other Any provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications Sublease to the utility or Building service equipment or (iii) installation of new Building service equipmentcontrary-notwithstanding, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith 9.6. [Omitted.] 9.7. Except as otherwise provided in this Sublease, responsibility for compliance with all federal, state and local laws as required by this Article rests exclusively with the Sublessee. The Sublessor assumes no enforcement or supervisory responsibility except with respect to matters committed to its jurisdiction and authority. . 9.8. Sublessee's use of the Subleased Premises shall be orderly arid efficient and shall not cause any disruptions to other airport activities. Sublessee shall not cause or maintain any nuisance on the Subleased Premises. Sublessee shall conduct all of-its activities hereunder in an environmentally responsible manner. 9.9. Sublessee shall have the right to obtain supplies or services from suppliers, vendors or contractors of its own choice at the Subleased Premises, provided that Sublessor reserves the right to prohibit persons front engaging in "aeronautical activities" (as defined in Advisory Circular AC 150/5190-2A of the Federal Aviation Administration) oz' the provision of ground transportation services at the Airport except in accordance with concession contracts or operating agreements entered into between Sublessor and said persons. 9.10. [Omitted.] 9.11. Sublessee acknowledges that Sublessor is subject to certain restrictions on the use of the Airport Property in accordance with Conditions 6, 14,17, 23 and~25A of the Master Lease. Notwithstanding any other provision of this Sublease, the Sublessee shall also comply with and be subject to the restrictions in Conditions 6, 10, 17, 23 and 25A of the Master Lease to the extent applicable to the Subleased Premises or any rights granted to Sublessee tinder Sublease in the same manner and to the same extent as Sublessor is obligated in its capacity as Lessee under the Master Lease. END OF ARTICLE 9 ----------------

Appears in 2 contracts

Samples: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc)

Use of Subleased Premises. 8.19.1. The purposes sole purpose for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions and Recitals, is general office and for no other uses without Sublessor's ’s and PDA's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed by Sublessor. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's ’s and PDA's ’s consent shall be subject to the execution of an appropriate agreement which shall may include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.19.1. 8.29.2. Sublessee recognizes that the uses authorized in Section 8.1 9.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the building in which the Subleased Premises are a part or other areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.39.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition and shall be responsible for trash removal in accordance with the provisions of Chapters 300 through 500 of the Xxxxx Pxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at Sublessee's sole cost and expenseregularly emptied. 8.49.4. Sublessee shall obtain be solely responsible for determining the suitability of the Premises for its intended use and whether the same complies with all zoning and other laws. Sublessee warrants that it holds all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )hereunder, and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this Sublease, however, Sublessee shall not be responsible for compliance with so long as any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications compliance does not require modification to the utility Subleased Premises or Building service equipment to its mechanical or (iii) installation of new Building service equipment, such as fire detection electrical services or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently appliedcomponents. 8.59.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's ’s interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, which consent shall not be unreasonably withheld, conditioned or delayed, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. 9.6. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section 9.5 unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith. 9.7. Responsibility for compliance with all federal, state and local laws as required by this Article rests exclusively with the Sublessee so long as any such compliance does not require modification to the Subleased Premises or to its mechanical or electrical services or components. Sublessor assumes no enforcement or supervisory responsibility except with respect to matters committed to its jurisdiction and authority. 9.8. Sublessee’s use of the Subleased Premises shall be orderly and efficient and shall not cause any disruptions to other Airport activities or other tenants in the building in which the Subleased Premises are a part. Sublessee shall not cause or maintain any nuisance on the Subleased Premises. Sublessee shall conduct all of its activities hereunder in compliance with Article 25 hereof and in an otherwise environmentally responsible manner. 9.9. Sublessee shall have the right to obtain supplies or services from suppliers, vendors or contractors of its own choice at the Subleased Premises, provided that PDA in the Primary Lease reserved the right to prohibit persons from engaging in “aeronautical activities” (as defined in Advisory Circular AC 150/5190-2A of the Federal Aviation Administration) or the provisions of ground transportation services at the Airport except in accordance with concession contracts or operating agreements entered into between PDA and said persons. 9.10. Sublessee acknowledges that PDA is subject to certain restrictions on the use of the Airport Property set forth in the Vesting Deed, including the attachments thereto. Notwithstanding any other provision of this Sublease or the Primary Lease, the Sublessee shall also comply with and be subject to the restrictions contained in the Vesting Deed to the extent applicable to the Subleased Premises or any rights granted to Sublessee under the Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (FlexEnergy Green Solutions, Inc.), Sublease Agreement (FlexEnergy Green Solutions, Inc.)

Use of Subleased Premises. 8.1Subject to the Master Lease, and the rules and regulations issued from time to time by the Master Landlord, Subtenant may access the Subleased Premises 24x7x365 for all uses permitted under the Master Lease. The purposes Subtenant will not use or permit the Subleased Premises to be used or occupied for which Sublessee may any purpose or in any manner prohibited by any applicable Laws. Subtenant will not commit waste or suffer or permit waste to be committed in, on, or about the Subleased Premises. Subtenant will conduct its business and control its employees, agents, guests and invitees in such a manner as not to create any nuisance or interfere with, annoy, or disturb any other tenant or occupant of the Building or Sublandlord in its operation of the BuHding. Subtenant, at i ts sole cost, will comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or in force after the date hereof, with the requirements of any board of fire underwriters or other body constituted now or after the date hereof, with any directive or occupancy certificate issued pursuant to any law by any public officer, solely insofar as they relate to the condition, use or occupancy of the Subleased Premises, or alterations made due to Subtenant's status under applicable laws or due to any physical limitations or handicaps of Subtenant's employees, officers, directors or invitees. Sublandlord does not make, and expressly disclai ms, any representation or warranty that the Subleased Premises are as set forth suitable for any use other than the Permitted Use described in Summary Of Basic Lease Provisions and Recitals, and for no other uses without Sublessor's and PDA's prior written consent. Sublessee shall not usethe Master Lease, or permit are permitted under applicable laws, including zoning laws. 6. SUBLANDLORD WORK. Sublandlord, at its cost and expense and in accordance with the terms and conditions of the Master Lease and subject to be usedMaster Landlord's consent, (i) shall cure and restore all existing slab cuts within the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not granted in this Section 8.1. 8.2. Sublessee recognizes that the uses authorized in Section 8.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance with the provisions of Chapters 300 through 500 of Master Lease, (ii) remove and enclose the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively existing stairwell between the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDA, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at Sublessee's sole cost and expense. 8.4. Sublessee shall obtain all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor ), and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the 2nd Floor Subleased Premises and the conduct of such business thereon3ro Floor Subleased Premises and restore all damage caused thereby in accordance with the Master Lease; and (iii) deliver the currently existing tenant-controlled ai r cooling units (the "HVAC Units") in good working order and condition (collectively, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state "Sublandlord Work"). All or local Board of Fire Underwriters, or any other body exercising functions similar to those of any a portion of the foregoing. Notwithstanding the foregoing Sublandlord Work may be performed either by Sublandlord or any other provision of this Sublease, however, Sublessee by Master Landlord; provided that whoever undertakes such work shall not be responsible for compliance with any such laws, regulations, or the like requiring use commercially reasonable efforts to require that items (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same Sublandlord Work to be brought performed in an encapsulated area with sufficient protection so as to minimize dust and damage to the 2nd Floor Sublease Premises and the 3rd Floor Sublease Premises, including without limitation the HVAC units. Sublandlord will use reasonable efforts to complete the Sublandlord Work on or before August 15,2019. If the Sublandlord Work is not completed on or before August 15, 2019, subject only to delays caused by force majeure, Subtenant shall receive an additional rent abatement equal to one (1) day for each day that the Sublandlord Work is delayed beyond August 1 2019; provided, however that if Sublandlord Work is not completed for any reason other than force majeure by December 31, 2019, then Subtenant shall receive a furtherrent abatement equal to three (3) days for each day Sublandlord Work is delayed beyond December 31,2019 and, for the avoidance of doubt, Sublandlord shall ensure that the Subleased Premises are made broom clean at its name, if Sublessee shall pay all expenses in connection therewith.cost upon completion of Sublandlord Work. Provided the Subleased Premises are 4

Appears in 1 contract

Samples: Sublease Agreement (Progyny, Inc.)

Use of Subleased Premises. 8.1. The purposes sole purpose for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions is for general office and Recitals, related uses and for no other uses without Sublessor's and PDA's prior written consent. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.1. 8.2. Sublessee recognizes that the uses authorized in Section 8.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the building in which the Subleased Premises are a part or other areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at SublesseeSublessor's sole cost and expense. 8.4. Sublessee shall obtain warrants that it holds all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )hereunder, and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith. 8.6. Responsibility for compliance with all Federal, State and local laws as required by this Article rests exclusively with the Sublessee. Sublessor assumes no enforcement or supervisory responsibility except with respect to matters committed to its jurisdiction and authority. 8.7. Sublessee's use of the Subleased Premises shall be orderly and efficient and shall not cause any disruptions to other Airport activities or other tenants in the building in which the Subleased Premises are a part. Sublessee shall not cause or maintain any nuisance on the Subleased Premises. Sublessee shall conduct all of its activities hereunder in an environmentally responsible manner. 8.8. Sublessee shall have the right to obtain supplies or services from suppliers, vendors or contractors of its own choice at the Subleased Premises, provided that PDA in the Primary Sublease reserved the right to prohibit persons from engaging in "aeronautical activities" (as defined in Advisory Circular AC 150/5190-2A of the Federal Aviation Administration) or the provision of ground transportation services at the Airport except in accordance with concession contracts or operating agreements entered into between PDA and said persons. 8.9. Sublessee acknowledges that PDA is subject to certain restrictions on the use of the Airport Property in accordance with Conditions 6, 10, 17, 23 and 25A of the Master Lease. Notwithstanding any other provision of this Sublease or the Primary Sublease, the Sublessee shall also comply with and be subject to the restrictions in Conditions 6,10, 17, 23 and 25A of the Master Lease to the extent applicable to the Subleased Premises or any rights granted to Sublessee under Sublease in the same manner and to the same extent as PDA is obligated in its capacity as Lessee under the Master Lease. 8.10. Sublessee agrees to conform to the following provisions during the Term of this Sublease: (i) Sublessee shall cause all freight to be delivered to or removed from the Building and the Premises in accordance with reasonable rules and regulations established by Sublessor therefor; (ii) Sublessee will not place on the exterior of the Premises (including both interior and exterior surfaces of doors and interior surfaces of windows) or on any part of the Building outside the Premises, any signs, symbol, advertisements or the like visible to public view outside of the Premises. Sublessor will not unreasonably withhold consent for signs or lettering on the entry doors to the Premises provided such signs conform to building standards adopted by Sublessor and Sublessee has submitted a sketch of the sign to be placed on such entry doors.

Appears in 1 contract

Samples: Sublease Agreement (Baycorp Holdings LTD)

Use of Subleased Premises. 8.1. The purposes sole purpose for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions is ---- for Class A office use and Recitalsancillary uses, including shipping and receiving and for no other uses without Sublessor's and PDA's prior written consent. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.1. 8.2. Sublessee recognizes that the uses authorized in Section 8.1 are not ---- granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the building in which the Subleased Premises are a part or other areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of ---- the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at SublesseeSublessor's sole cost and expense. 8.4. Sublessee warrants that it shall obtain all certificates, permits, ---- licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, Approvals all of which are to be obtained by the Sublessor ), and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this SubleaseLease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (iI) structural repairs or modifications or (ii) repairs or modifications to the utility or Building building service equipment or (iii) installation of new Building building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary as opposed to office use contemplated hereingenerally), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings ---- diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith. 8.6. After the Sublessee's occupancy of the Subleased Premises, responsibility --------------------------------------------------------------- for compliance with all Federal, State and local laws for the Sublessee's activities rests exclusively with the Sublessee. Sublessor assumes no enforcement or supervisory responsibility. Notwithstanding the foregoing or any other provision of this Lease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (I) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (as opposed to office use generally), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee.

Appears in 1 contract

Samples: Sublease Agreement (Bottomline Technologies Inc /De/)

Use of Subleased Premises. 8.19.1. The purposes for which Sublessee may use the Subleased Premises are general and business office uses, research and development offices, light industry and light manufacturing, and customary accessory uses thereto, to include, as set forth in Summary Of Basic Lease Provisions applicable, off-street parking and Recitalsloading, employee day care, training and recreational facilities, shipping and receiving, and for no other uses without Sublessor's and PDA's prior written consent. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDASublessor. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDASublessor. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.19.1. 8.29.2. Sublessee recognizes that the uses authorized in Section 8.1 9.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport other than the Subleased Premises for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.39.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition and shall be responsible for trash removal in accordance accordance. the provisions of Chapters 300 through 500 of the Xxxxx Pease Development Authority Zoning Requirements, Site Plan Review Regulations Regxxxxxons and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor Sublessee agrees to cause trash receptacles to be emptied and trash removed at Sublessee's sole cost and expense. 8.49.4. Sublessee shall obtain warrants that prior to engaging in any permitted use, it will hold all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )hereunder, and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. 9.5. Notwithstanding the foregoing or any other Any provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications Sublease to the utility or Building service equipment or (iii) installation of new Building service equipmentcontrary notwithstanding, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith. 9.6. [Omitted.] 9.7. Except as otherwise provided in this Sublease, responsibility for compliance with all federal, state and local laws as required by this Article rests exclusively with the Sublessee. The Sublessor assumes no enforcement or supervisory responsibility except with respect to matters committed to its jurisdiction and authority. 9.8. Sublessee's use of the Subleased Premises shall be orderly and efficient and shall not cause any disruptions to other airport activities. Sublessee shall not cause or maintain any nuisance on the Subleased Premises. Sublessee shall conduct all of its activities hereunder in an environmentally responsible manner. 9.9. Sublessee shall have the right to obtain supplies or services from suppliers, vendors or contractors of its own choice at the Subleased Premises, provided that Sublessor reserves the right to prohibit persons from engaging in "aeronautical activities" (as defined in Advisory Circular AC 150/5190-2A of the Federal Aviation Administration) or the provision of ground transportation services at the Airport except in accordance with concession contracts or operating agreements entered into between Sublessor and said persons. 9.10. [Omitted.] 9.11. Sublessee acknowledges that Sublessor is subject to certain restrictions on the use of the Airport Property in accordance with Conditions 6, 10, 17, 23 and 25A of the Master Lease. Notwithstanding any other provision of this Sublease, the Sublessee shall also comply with and be subject to the restrictions in Conditions 6, 10, 17, 23 and 25A of the Master Lease to the extent applicable to the Subleased Premises or any rights granted to Sublessee under Sublease in the same manner and to the same extent as Sublessor is obligated in its capacity as Lessee under the Master Lease. END OF ARTICLE 9 ----------------

Appears in 1 contract

Samples: Sublease (Aprisma Management Technologies Inc)

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Use of Subleased Premises. 8.1. The purposes sole purpose for which Sublessee may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions is for general office and Recitalstelephone call center for PC Connection Sales Corporation, and related uses and for no other uses without Sublessor's ’s and PDA's ’s prior written consent. Sublessee shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's ’s and PDA's ’s consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.1. 8.2. Sublessee recognizes that the uses authorized in Section 8.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the building in which the Subleased Premises are a part or other areas of the Airport for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at Sublessee's Sublessor’s sole cost and expense. 8.4. Sublessee shall obtain warrants that it holds all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )hereunder, and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, Sublessee, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to Sublessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublessee's interest therein and without subjecting Sublessor to any liability, civil or criminal, for failure so to comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewith.or

Appears in 1 contract

Samples: Sublease Agreement (Pc Connection Inc)

Use of Subleased Premises. 8.1. signage and parking: Sublessor and Sublessee agree as follows: (a) The purposes for which Sublessee may use the Subleased Premises are as set forth shall be used and occupied by Sublessee for general office purposes and warehouse use in Summary Of Basic Lease Provisions accordance with customary business practices and Recitals, applicable law and for no other uses without Sublessor's use or purpose (the "Use"). (c) Sublessee shall obtain at its sole cost and PDA's prior written consentexpense all necessary licenses and permits necessary to conduct the Use; (d) Sublessee shall operate only such services as are necessary for or incidental to the Uses. (e) Sublessee may utilize office furniture currently located on the Subleased Premises, as identified on attached Exhibit "C". Sublessee shall not usebe responsible for maintaining, repairing and replacing such furniture to ensure that such furniture is returned to Sublessor in its pre-sublease condition at the end of the Tenancy, ordinary wear and tear excepted. The costs for repair or permit to be used, the Subleased Premises for any other purpose without the prior express written consent replacement of Sublessor and PDA. Sublessor's and PDA's consent damaged or destroyed furniture shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to borne entirely by Sublessor and PDA. Sublessee is prohibited from any use of the Subleased Premises not granted in this Section 8.1Sublessee. 8.2. (f) Sublessee recognizes that the uses authorized in Section 8.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport for similarshall, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee agrees that it will keep the Premises in a neat, clean and orderly condition in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "Land Use Controls") and such other rules and regulations from time to time promulgated by the PDA, provided that Sublessee shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor agrees to cause trash receptacles to be emptied and trash removed at Sublessee's sole cost and expense. 8.4. Sublessee shall obtain , comply with all certificateslaws, permitsordinances, licenses regulations or orders of any federal, state, county or municipal or other entitlements required by federal, state public authority applicable to Sublessee or local laws in order to allow Sublessee to conduct the permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor ), and that the same are and will be kept current, valid and complete. Sublessee further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of affecting the Subleased Premises and the conduct Common Access Areas, including but not limited to occupational health and safety, hazardous waste and substances, sudden or non-sudden pollution and environmental matters, in connection with the Use. (g) Sublessee will not commit any waste on the Subleased Premises, nor permit any obnoxious odors or noise to emanate from the Subleased Premises, nor shall it use or permit the use of the Subleased Premises in violation of any present or future law of the United States or of the State of Utah, or in violation of any municipal or county ordinance or regulation applicable thereto. Sublessee shall promptly notify Landlord and Sublessor of Sublessee's receipt of any notice of a violation of any such law, standard or regulations. (h) Sublessee may install on the Subleased Premises any trade fixtures and equipment reasonably necessary for Sublessee's Use of the Subleased Premises, which shall remain Sublessee's personal property. Sublessee may remove any such trade fixtures and equipment at any time during the Tenancy, but shall repair any damage to the Premises or the Building caused by the installation or removal of such business thereontrade fixtures and equipment. (i) Sublessee shall be entitled to building directory, elevator access and doorway signage, to the extent available to Sublessor or other tenants of the Building and reasonably necessary or appropriate to indicate Sublessee's Use, at its sole cost and expensebut, otherwise, shall promptly comply with all present not have any other signage rights in respect of the Use under the Master Lease or otherwise. (j) Sublessee shall be entitled to utilize parking spaces in the Common Area, as part of the Subleased Premises, without additional rent. (k) Sublessee shall be permitted to place and future lawsmaintain signage on any exterior door, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriterswall, or any other body exercising functions similar to those of any window of the foregoing. Notwithstanding the foregoing or any other provision of this SubleaseSubleased Premises; provided, however, no signage may be placed by Sublessee shall without first obtaining Sublessor's written approval and consent, said approval and consent not to be responsible for compliance with any such laws, regulations, unreasonably withheld or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of delayed. Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of placing and maintaining such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently appliedapproved signage. 8.5. Sublessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, without cost or expense to (l) Notwithstanding Sublessor, the validity or application 's sublease of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or Sublesseeto Sublessee under this Sublease Agreement, Sublessor shall be solely responsible for and shall timely pay each installment of Base Rent, Tenant's interest therein proportionate share of Additional Rent, utilities, taxes and without subjecting all other amounts which become due and payable by Tenant under the Master Lease. (m) Notwithstanding Sublessor's sublease of the Subleased Premises to Sublessee under this Sublease Agreement, Sublessor shall fully and timely perform all obligations required by Sublessor to any liabilitybe performed under the Master Lease, civil or criminaland shall, for failure so to at all times, comply therewith, Sublessee may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee may, with the prior written consent of Sublessor, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor to criminal liability, damages or expense and provided that Sublessee: (i) furnishes to Sublessor security, reasonably satisfactory to Sublessor, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the all provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee shall pay all expenses in connection therewithlaw.

Appears in 1 contract

Samples: Sublease Agreement (Flexpoint Sensor Systems Inc)

Use of Subleased Premises. 8.1. 9.1 The permitted purposes for which Sublessee Redhook may use the Subleased Premises are as set forth in Summary Of Basic Lease Provisions construction, development and Recitalsoperation of: (i) a brewery and regional corporate headquarters with office, warehousing, and for no other customary accessory uses without Sublessor's incidental to a brewery; and PDA's prior written consent(ii) restaurant, pub, and other customary accessory uses to a restaurant and pub but only to the extent permitted under PDA Land Use Controls as defined in Section 9.3 and subject to the requirement that Redhook continue to operate the brewery as the primary use. Sublessee Redhook shall not use, or permit to be used, the Subleased Premises for any other purpose without the prior express written consent of Sublessor and PDA. Sublessor's and PDA's consent shall be subject to the execution of an appropriate agreement which shall include a provision requiring the payment of established fees and charges that may be applicable to any such additional uses consented to by Sublessor and PDA. Sublessee Redhook is prohibited from any use of the Subleased Premises not specifically granted in this Section 8.19.1. 8.2. Sublessee 9.2 Redhook recognizes that the uses authorized in Section 8.1 9.1 are not granted on an exclusive basis and that Sublessor and PDA may enter into subleases or other agreements with other tenants or users at areas of the Airport other than the Subleased Premises for similar, identical, or competing uses. No provision of this Sublease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act as the same may be amended from time to time. 8.3. Except to the extent the maintenance obligation is the responsibility of the Sublessor hereunder, Sublessee 9.3 Redhook agrees that it will keep the Premises in a neat, clean and orderly condition and shall be responsible for trash removal in accordance the provisions of Chapters 300 through 500 of the Xxxxx Development Authority Zoning Requirements, Site Plan Review Regulations and Subdivision Regulations (collectively the "''Land Use Controls") and such other rules and regulations from time to time promulgated by the PDApromulgated, provided that Sublessee Redhook shall not be bound by any such rules and regulations until such time as it receives a copy thereof. Sublessor Redhook agrees to cause trash receptacles to be emptied and trash removed at SublesseeRedhook's sole cost and expense. 8.4. Sublessee shall obtain 9.4 Redhook warrants that, prior to engaging in any permitted use, it will hold all certificates, permits, licenses or other entitlements required by federal, state or local laws in order to allow Sublessee Redhook to conduct the such permitted uses hereunder (other than the Approvals, which are to be obtained by the Sublessor )use, and that the same are will then be and will thereafter be kept current, valid and complete. Sublessee Redhook further warrants that it shall at all times abide by and conform with all terms of the same and that it shall give immediate notice to Sublessor PDA of any additions, renewals, amendments, suspensions or revocations. In the use and occupation of the Subleased Premises and the conduct of such business thereon, SublesseeRedhook, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions and boards, any national, state or local Board of Fire Underwriters, or any other body exercising functions similar to those of any of the foregoing. Notwithstanding the foregoing or any other provision of this Sublease, however, Sublessee shall not be responsible for compliance with any such laws, regulations, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or Building service equipment or (iii) installation of new Building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (a) be due to Sublessee's particular manner of use of the Premises (other than the primary use contemplated herein), or (b) be due to the negligence or willful misconduct of Sublessee or any agent, employee, or contractor of Sublessee, and Sublessor shall be responsible for compliance with all such laws to the extent Sublessee is not responsible for compliance, provided that, except to the extent that such noncompliance existed at the commencement of the term, the costs of such compliance shall be included in the Operating Expenses to the extent appropriately amortized in any applicable Operating Year in accordance with generally accepted accounting principles consistently applied. 8.5. Sublessee 9.5 Redhook shall have the right to contest by appropriate proceedings diligently conducted in good faith, . without cost or expense to SublessorPDA, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in this Article. If compliance with any such -19- law, ordinance, order, rule, regulation or requirement may be delayed on the basis of an order from a court of competent jurisdiction pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability of any kind against the Subleased Premises or SublesseeRedhook's interest therein and without subjecting Sublessor PDA to any liability, civil or criminal, for failure so to comply therewith, Sublessee Redhook may delay compliance therewith consistent with such court order. Even if such lien, charge or civil liability would be incurred by reason of any such delay, Sublessee Redhook may, with the prior written consent of SublessorPDA, contest as aforesaid and delay as aforesaid, provided that such contest or delay does not subject Sublessor PDA to criminal liability, damages or expense and provided that SublesseeRedhook: (i) furnishes to Sublessor PDA security, reasonably satisfactory to SublessorPDA, against any loss or injury by reason of such contest or delay; and (ii) prosecutes the contest with due diligence. Sublessor and PDA shall not be required to join in any proceedings referred to in this Section unless the provisions of any applicable laws, rules or regulations at the time in effect shall require that such proceedings be brought by and/or in the name of Sublessor and/or PDA and Sublessor and/or PDA determines that such action is in its best interests, in which event Sublessor and/or PDA shall join in the proceedings, or permit the same to be brought in its name, if Sublessee Redhook shall pay all expenses in connection therewith. 9.6 Nothing contained in this Article or any other provision of this Sublease, other than the indemnification obligations of PDA under Section 25.4 or any obligation of ?DA to pay costs under Section 26.4, shall be deemed to constitute a waiver of the sovereign immunity of the State of New Hampshire, which immunity is hereby reserved to PDA and to the State of New Hampshire. 9.7 Responsibility for compliance with all federal, state and local laws as required by this Article rests exclusively with Redhook. PDA assumes no enforcement or supervisory responsibility except with respect to matters committed to its jurisdiction and authority. 9.8 Redhook's use of the Subleased Premises shall be orderly and efficient and shall not cause any disruptions to other airport activities. Redhook shall not cause or maintain any nuisance on the Subleased Premises. Redhook shall conduct all of its activities hereunder in an environmentally responsible manner. 9.9 Redhook shall have the right to obtain supplies or services from suppliers, vendors or contractors of its own choice at the Subleased Premises, provided, however, that PDA reserves the right to prohibit such entities from engaging in the provision of passenger ground transportation services for hire (but not including the transport of beer or commodities used in the manufacture of beer or beer products) unless in accordance with an appropriate concession or other agreement with PDA. 9.10 Redhook acknowledges that PDA is subject to certain restrictions on the use of the Airport Property in accordance with Conditions 10, 17, 23 and 25 of the Master Lease. Notwithstanding any other provision of this Sublease, Redhook shall also comply with and be subject to the restrictions in Conditions 10, 17, 23 and 25 of the Master Lease to the extent applicable to the Subleased Premises or any rights granted to Redhook under Sublease in the same manner and to the same extent as PDA is obligated in its capacity as Lessee under the Master Lease. 9.11 Redhook acknowledges that PDA is a party to a sublease with Celltech Biologics, Inc. (the "Celltech Sublease") pursuant to which PDA shall not permit a brewery use within a defined area that includes the Subleased Premises. Notwithstanding this restriction, Celltech has consented to the construction and operation of a brewery by Redhook at the Subleased Premises based upon its review of the proposed brewery and execution of an agreement between Celltech and Redhook dated March 17, 1995 (the "Celltech/Redhook Agreement"). A copy of the Celltech/Redhook Agreement is attached hereto and incorporated herein as Exhibit "D-1". Redhook agrees that it will construct and operate its brewery facility in accordance with the terms and conditions set forth in the Celltech/Redhook Agreement.

Appears in 1 contract

Samples: Sublease Agreement (Craft Brew Alliance, Inc.)

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