Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises. (b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station. (c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement. (d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor. (e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors. (f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose. (g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Appears in 5 contracts
Samples: Lease Agreement (Salem Media Group, Inc. /De/), Lease Agreement (Salem Media Group, Inc. /De/), Lease Agreement (Salem Media Group, Inc. /De/)
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to 6.1 The Lessee the Leased Premises.
(b) Lessee may shall use the Leased Premises for the operation purpose set out in 8 of the station, and, in connection therewith, Lease and for the installation, repair, maintenance, operation, housing and removal of its Improvements and no other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. purpose whatsoever.
6.2 The Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind conduct its business and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to keep the Leased Premises twenty-four (24) continuously open for that purpose:-
6.2.1 on all permissible trading days; and
6.2.2 during all normal business hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installationson those trading days, provided that the contractors performing such work are reasonably acceptable Lessee may temporarily close its business on special occasions of short duration when to Lessordo so is reasonable and appropriate or necessitated by special circumstances.
6.3 The Lessee shall keep the display windows and all its advertising signs (eif any) Lessor shall not be responsible of the Leased Premises illuminated and well lit for repairs or maintenance the period from 08h00 to 24h00 unless prevented by cause beyond the Installations, except for repairs occasioned by control of the negligence of Lessor, its agents, employees or contractorsLessee.
(f) 6.4 The Lessee shall not use adopt any method of business or advertising which may detract from the value and/or character of the Leased Premises or Building or bring the Leased Premises or Building into disrepute or as a result whereof the normal flow of pedestrian traffic outside the Leased Premises or any other portion of the Building may be disturbed, hindered or disorganised.
6.5 The Lessee shall not store, display or leave or permit the storage or leaving of motor vehicles, bicycles, packing cases or goods of any nature whatever on the pavement or parking areas outside the Building and shall not place anything in or allow anything to obstruct any entrance, passage or staircase in the Building, nor shall it dump or store in the yard of the Building or anywhere else on the Property (outside the Leased Premises Premises) or in any lane or access-way adjacent to or used in connection with the Property.
6.6 The Lessee shall be used by any dangerous, toxic, noxious or offensive trade or business, or liable for any unlawful purpose.
(g) loss or damage which the Lessor may suffer arising out of the transportation of any goods by or on behalf of the Lessee shall not directly in the Building or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been madeProperty.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Use of the Leased Premises. (a) Lessor, in consideration 15.1 The Lessee undertakes to make use of the rents Leased Premises only in accordance with the Purposes of the Lease and the Lessee undertakes to be paid and covenants herein contained, hereby leases to Lessee maintain the Leased Premises, including the equipment and/or installations located in the Leased Premises in an excellent and working state subject to reasonable wear and tear. Without derogating from the generality of the above, the Lessee undertakes to maintain the Leased Premises and/or the equipment and systems serving the Leased Premises in accordance with the directives prescribed in the Building’s Maintenance Manual (Appendix F) as well as in accordance with the maintenance directives which may be provided by the Lessor to the Lessee near the time of the Delivery Date of Possession of the Leased Premises to the Lessee. Without derogating from the generality of the above it is hereby agreed and clarified that the Lessee shall not be entitled to maintain gas canisters on the Leased Premises, nor machines for filling gas, etc. The Lessee undertakes to refrain from causing any damage or breakage to the Leased Premises or any part thereof or to any of the systems and installations thereof (hereinafter: “the Damages”) and to repair, at its expense, within the shortest time, under the circumstances, any damage caused by it and/or by any party acting on its behalf, including guests, visitors, customers, etc., during the Lease Term (save for Special Damages as defined below) including all Damages caused by it and/or by any party acting on its behalf and/or by any visitors, customers, employees, laborers and/or any other person.
15.2 It is hereby agreed that the Lessee shall not be liable for damages discovered during the Lease Term which are due to faults in the building of the Leased Premises that were built by the Lessor provided that such damages are in no way whatsoever a result of the acts or omissions of the Lessee and/or any party on its behalf, and that the Lessee or any party on its behalf did not carry out any work whatsoever in that part of the Leased Premises where the said special damages were discovered (bhereinafter: “the Special Damages”).
15.3 It is agreed that the Lessor shall be liable for the repair of the Special Damages, at its expense, within the shortest time, considering the circumstances and the damages involved, and shall do so from the time at which the Lessee has notified it in writing about the occurrence of the Special Damages and subject to the Lessee cooperating with it as required in the circumstances of the matter.
15.4 Similarly, it is agreed that the Lessee shall not be entitled to any compensation whatsoever for the said Special Damages, save for the Lessor’s undertaking to repair them, as stated.
15.5 The Lessee declares that should it fail to maintain the Leased Premises in the state and at the level and quality as stated in this Agreement and/or should it fail to repair the Damages and that which requires repairing and improvement in the Leased Premises and/or fails to return the Leased Premises to the Lessor in a good state (subject to reasonable wear and tear) upon the conclusion of the Lease Period, the Lessor may, but is under no obligation to do so, repair, after having provided the Lessee with a written warning a reasonable period of time in advance under the circumstances, and may use undertake any action it deems fit for the purpose of repairing the damages and/or returning the situation of the Leased Premises to its status quo ante, and shall do so at the expense of the Lessee.
15.6 The Lessor may enter into the Leased Premises for the operation purpose of fulfilling the stationsaid right in this Section; however, andit may only do so after initially arranging the matter with the Lessee.
15.7 The Lessee undertakes to fulfill and perform all the provisions and directives, including the provisions of any law in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition Leased Premises, its maintenance and the use thereof as well as preventative maintenance. The Lessee undertakes not to make use of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or in connection therewith in any manner that may constitute a nuisance or disturbance or cause damage to the Lessor or to any third party whatsoever. Without derogating from the generality of the above, the Lessee shall be responsible for the ongoing maintenance of the Leased Premises and the systems thereof.
15.8 The Lessee undertakes to look after the cleanliness of the Leased Premises and the surrounding environs and to conduct its business solely within the confines of the Leased Premises. The Lessee shall bear the payment of all fines imposed by municipal authorities and/or by state institutions (where imposed) for breach of this section’s provisions by the Lessee’s interest therein other than (i) this Agreement. To the extent that such is dependant upon the Lessor, (ii) it shall enable the Lessee to defend itself against such demands pursuant to any lien, including a mortgage on law. Where such fines have been imposed upon the leasehold interest Lessor for the acts or omissions of the Lessee, which may be approved by then the Lessee shall indemnify the Lessor for the full amount of the said fines immediately upon receiving the first demand from the Lessor.
15.9 The Lessee undertakes to enable the Lessor and/or any party on its behalf to enter the Leased Premises at any time and after reasonable arrangement in writingadvance in order to examine the Leased Premises or to show it or to carry out Work under this Agreement in the Leased Premises or in the Project. The Lessor confirms and declares that, which approval if during and resulting from the execution of the Works by it and/or by any party on its behalf in the Leased Premises, damage and/or harm is caused to the Leased Premises, it will repair any damage and/or harm and shall not be unreasonably withheld, (iii) liens return the Leased Premises to the status quo ante as soon as possible and the Lessee confirms that it will have no claim or suit whatsoever towards the Lessor save for impositions not yet payable, or payable without the addition repair of the damage and the returning of the situation to the status quo ante as stated. Returning of the situation to the status quo ante shall mean: the repair of any fine, penalty, interest damage or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred harm which will revert the situation in the ordinary course Leased Premises to that state in which the Lessee received the Leased Premises from the Lessor.
15.10 For the removal of business for sums which under doubt it is hereby clarified that the terms Lessor does not undertake to repair indirect damages caused to the Lessee due to faults discovered in the Leased Premises and/or as a result of repairs. The Lessor shall take reasonable measures required to minimize disturbance of the related contracts are not at use of the time dueLeased Premises due to the Work, provided to the extent that adequate provision for the payment thereof shall have been madesuch can be minimized.
Appears in 2 contracts
Samples: Lease Agreement (Vyyo Inc), Lease Agreement (Vyyo Inc)
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee The Tenant shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purposepurpose other than that described as Use of the Leased Premises in section 2(g).
(gb) Lessee At all times throughout the Term, the Tenant shall not directly or indirectly create or permit continuously and actively conduct its business in the whole of the Leased Premises in a first class and reputable manner during normal business hours as established by the Landlord in the municipality in which the Project is located in compliance with the provisions of this Lease and the requirements of all applicable laws and regulations and the Tenant shall keep, operate and maintain the Leased Premises and the building and every part thereof in a clean and sanitary condition and in accordance with all laws, directions, rules and regulations of any government authority having jurisdiction in respect of same.
(c) The Tenant covenants that the business to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage conducted on the leasehold interest Leased Premises shall be known by the name set out as Name of LesseeBusiness on the Leased Premises in Section 1(h) hereof and by no other name whatsoever without the Landlord's prior written consent, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld.
(d) The Tenant shall not erect or permit any signs visible from the common areas of the Building or from the exterior of the Leased Premises which are not in keeping with a class A office building, (iii) liens for impositions not yet payableand in any event, or payable without the addition of any fineLandlord's prior written consent, penaltywhich shall not be unreasonably withheld. The Landlord acknowledges that a building bulkhead sign as well as a sign at the lot corner is requested by the Tenant and accepted by the Landlord, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms subject to Landlord's approval of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been madeformat of such sign.
Appears in 2 contracts
Samples: Lease Agreement (International Menu Solutions Corp), Lease Agreement (International Menu Solutions Corp)
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement, five (5) days after Lessor’s receipt of notice that it has not responded.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Appears in 1 contract
Use of the Leased Premises. (a) 7.1. The Lessor shall make the Leased Premises available to the Lessee on the Commencement Date and the Lessee shall use the Leased Premises solely for the purposes indicated in the Lease Information. The Leased Premises shall not be used for any other purpose other than those referred to above without the Lessor’s prior written consent, in consideration and any other use of the rents Leased Premises without such consent shall constitute a material breach of this Agreement.
7.2. The Lessee shall comply with any rules prescribed by the Lessor from time-to-time and communicated to the Lessee relating to the use and enjoyment of the Leased Premises, including matters relating to security, fire, safety, access, animals, deliveries, storage, parking, security, and all matters incidental thereto.
7.3. The Lessee acknowledges that if he/she fails within 3 (THREE) days of signing of this Agreement, to notify the Lessor of not having received all keys in respect of the Leased Premises, it shall be paid deemed that he/she has received all keys in respect of the Leased Premises and covenants herein containedthe Lessee undertakes to return all such keys to the Lessor at the expiration or termination of this Agreement.
7.4. The Lessee must clean the carpets and other floor coverings and tiles regularly, hereby leases it being understood that such will be replaced at the expense of the Lessee should they be damaged beyond reasonable wear and tear. Landlords to make use of cleaning services on a regular basis.
7.5. The Lessee shall not be entitled to keep any pet or domestic animal on the Leased Premises.
(b) 7.6. The Lessee may use shall not –
7.6.1. without the Lessor's prior written consent cede or assign or in any way alienate or encumber any of the Lessee's rights or obligations in terms hereof; and/or sublet or permit anyone else to occupy the Leased Premises for the operation or any part thereof;
7.6.2. contravene or permit a contravention of the stationany law, andby-law, in connection therewithordinance, for the installationproclamation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access statutory regulation which applies to the Leased Premises twenty-four or which the Lessor is required to observe as owner of the Leased Premises;
7.6.3. contravene or permit a contravention of any of the conditions of title under which the Lessor owns the Leased Premises;
7.6.4. do anything or permit anything to be done in or on the Leased Premises which may constitute a nuisance, danger or hazard to adjoining properties or cause annoyance, disturbance or discomfort to tenants or occupiers of adjoining buildings or which amounts to improper, indecent or objectionable conduct or use of the Leased Premises;
7.6.5. do anything which creates a nuisance or blockage of the Parking Bays and shall at its cost at all times keep the Parking Bays clean and tidy, and on termination of the Agreement hand over the Parking Bays in the same condition;
7.6.6. do anything which detracts from the appearance of the Leased Premises and shall at its cost at all times keep the interior of the Leased Premises clean, free from insects and rodents, tidy and hygienic, including the cleaning of all glass, windows (24) hours per dayinternal and external), seven (7) days per weekoffice fronts and external doors, and on termination of the Agreement hand over the Leased Premises in the same condition; Landlord responsible for cleaning services and pest control.
7.6.7. leave waste or allow the purpose accumulation of installingwaste, maintaining refuse, junk, wreckage or perishable articles in or about the Leased Premises except in refuse bins or designated refuse storage areas;
7.6.8. interfere with any electrical, plumbing, gas or other system installations at the Leased Premises, except as may be necessary to enable the Lessee to carry out its obligations of maintenance and repair in terms of this Agreement, including taking reasonable measures to prevent blockages and obstructions in drains, sewerage pipes, gutters and water pipes servicing the Leased Premises, including at its cost removing any obstruction or blockage and repairing its Installationspiping or drainage where necessary;
7.6.9. install any electrical installations which separately or cumulatively has the potential to overload, provided that short circuit, unduly strain and/or exceed the contractors performing electrical loading capacity of any electrical installation(s) on the Leased Premises;
7.6.10. keep any animals on the Leased Premises or shall only be entitled to keep such work are reasonably acceptable animals on the Leased Premises as the Lessor may consent to in writing;
7.6.11. install any equipment which could harm the structure of the building without the consent of the Lessor.; and/or
(e) Lessor 7.6.12. do anything or permit anything to be done in or on the Leased Premises which may be or may constitute a nuisance to users of adjoining properties or other tenants and shall not be responsible for repairs the conduct of its employees, agents and contractors in or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit about the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purposePremises.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Appears in 1 contract
Samples: Lease Agreement
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid 7.1 Lessee will use and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use occupy the Leased Premises only for General Office use and for no other purpose without the operation prior written consent of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) 7.2 Lessee shall not use or permit the Leased Premises to be used by for any dangerous, toxic, noxious or offensive trade or businesspurpose other than that stated in Article 7.1, or make or allow to be made any alterations or physical additions in or to the Leased Premises without the prior written consent of Lessor, which consent may be given subject to such reasonable conditions as Lessor may require or impose. No structural changes to the Leased Premises shall be made or permittecl to be made by Lessee without Lessor's prior written consent, which consent may be withheld by Lessor for any unlawful purposereason. Any and all such alterations, physical additions or improvements shall be made by Lessor and, when made to the Leased Premises, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this Article 7.2 shall not apply to movable equipment or furniture owned by Lessee.
(g) 7.3 Lessee shall will not use, occupy or permit the use or occupancy of the Leased Premises for any purpose which is, directly or indirectly create indirectly, forbidden by law, ordinance or governmental or municipal regulation or order, or which may be dangerous to life, limb or property; or permit the maintenance of any public or private nuisance; or do or permit any act or thing which may disturb the quiet enjoyment of any other tenant of the building; or keep any substance or carry on or permit any operation which might emit offensive odors or conditions into other portions of the Building; or use any apparatus which might make undue noise or set up vibrations in the Building; or permit anything to be created alone which would increase the fire and extended coverage insurance rate on the Building or to remaincontents, and will discharge if there is any mortgage, lien, security interest, encumbrance or charge on, pledge increase in such rates by reason of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest acts of Lessee, which may be approved then Lessee agrees to pay such increase promptly upon demand therefore by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been madeLessor.
Appears in 1 contract
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the its radio station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “"Installations”"). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the a radio station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s 's approval and Lessor does not respond within thirty (30) days after Lessor’s 's receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement, five (5) days after Lessor's receipt of notice that it has not responded.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) During the Term (as hereinafter defined), Lessor and Lessee shall each provide the other with a telephone number which, if called will ring at a location that is staffed by their respective agents twenty-four (24) hours each and every day, seven (7) days each and every week; and Lessor and Lessee shall notify each other promptly in the event of any change in such telephone number.
(g) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(gh) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s 's interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Appears in 1 contract
Use of the Leased Premises. (a) 1.1 Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.following portion of the Transmitter Site:
(a) Non-exclusive use of those Towers, radials and related Lessor Equipment located at the Transmitter Site, except that Lessee shall have exclusive use of Lessor Equipment that is used or relates solely to operation of the Station; and
(b) Exclusive use of the transmitter building designated on Exhibit B (“Transmitter Space”). All of the property leased under this Section 1.1 shall be referred to herein as the “Leased Premises.”
1.2 Lessee may use the Leased Premises for the operation of the station, Station and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements the Lessee Equipment, and other related broadcasting equipment (together comprising for repair, maintenance, and operation of the “Installations”)Lessor Equipment. Lessee is fully familiar with the physical condition of the Land Land, Towers, Lessor Equipment, and Transmitter Site and has received the same in good order and condition, and and, except as otherwise noted herein, agrees that the Land it complies in all respects with all requirements of this Agreement. Lessee shall use the Land Leased Premises exclusively for purposes associated with the operation of the stationStation.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) 1.3 Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installationsthe Lessee Equipment, provided that and for maintaining and repairing the contractors performing such work are reasonably acceptable to LessorLessor Equipment.
(e) 1.4 Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractorsLessee Equipment.
1.5 During the Term of this Agreement (fas hereinafter defined), Lessor and Lessee shall each provide the other with a telephone number which, if called will ring at a location that is staffed by their respective agents twenty-four (24) hours each and every day, seven (7) days each and every week; and Lessor and Lessee shall notify each other promptly in the event of any change in such telephone number.
1.6 Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) 1.7 Lessee shall not directly or indirectly create create, or permit to be created or to remain, and will discharge discharge, any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property Leased Premises or any part thereof or Lessee’s 's interest therein other than than: (ia) this Agreement, ; (iib) any lien, including a mortgage on the leasehold interest of Lessee, which may must be approved by the Lessor in writing, which approval shall not be unreasonably withheld, ; (iiic) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d)Section 4.4, below, ; and (ivd) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
1.8 Lessee shall at its own cost comply with: (a) all environmental laws with respect to its operations on the Real Property; (b) Lessee shall not manage any hazardous materials on the Real Property, nor conduct nor authorize the same, including installation of any underground storage tanks, without prior written disclosure to and approval of the Lessor, which approval may be withheld in its sole discretion; (c) Lessee shall not take any action that would subject the Real Property to permit requirements under the Resources Conservation and Recovery Act or similar legislation or regulations (“RCRA”) for storage, treatment or disposal of hazardous materials; (d) Lessee shall not dispose of hazardous materials on the Real Property; (e) Lessee shall not discharge hazardous materials into drains or sewers in violation of environmental laws; (f) Lessee shall not suffer, cause or allow the release of any hazardous materials on, to or from the Real Property in violation of environmental law or in quantities requiring a permit; and (g) Lessee shall at its own cost arrange for the lawful transportation and off-site disposal of all hazardous materials that it generates.
Appears in 1 contract
Use of the Leased Premises. 5.1 Except as otherwise provided in this Article 5, Tenant shall be permitted to use the Leased Premises as an automobile dealership, subject, however to:
(a) Lessorthe laws, ordinances, orders, rules and regulations (including, without limitation, zoning ordinances) now in consideration of the rents to be paid effect or hereafter adopted by all governmental and covenants herein contained, hereby leases to Lessee the Leased Premises.quasi-governmental authorities having or asserting jurisdiction; and
(b) Lessee may use such conditions, restrictions and other encumbrance, if any, to which the Leased Premises for are subject at the operation date of this Lease,
5.2 Notwithstanding anything to the stationcontrary provided in Section 5.1, andTenant shall not use or occupy the Leased Premises, permit or suffer the same to be used or occupied and/or do, or permit or suffer anything to be done, in connection therewithor on the Leased Premises or any part thereof, for that would, in any manner or respect:
(a) violate any certificate of occupancy in force relating to any Improvement situated on the installationLeased Premises (unless Tenant obtains an amendment to the certificate of occupancy in order to avoid such violation);
(b) make void or voidable any insurance then in force with respect to the Leased Premises, repair, maintenance, operation, housing and removal of its Improvements and or render it impossible to obtain fire or other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of insurance thereon required to be furnished by Tenant under this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.Lease;
(c) Lessee shall have the right from time cause structural or other injury to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring any of the towers on the Real PropertyImprovements, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.constitute a private or public nuisance or waste; and/or
(d) Lessee shall have access to render the Leased Premises twenty-four (24) hours per day, seven (7) days per week, incapable of being used or occupied after the expiration or sooner termination of the Term of this Lease for the purpose of installingpurposes for which the same were used and occupied on the Commencement Date (such use being automotive sales, maintaining servicing, leasing, financing and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessorautomotive insurance).
5.3 If Tenant proposes to change the use (eincluding discontinuing any use) Lessor at a particular location as an automobile dealership, Tenant shall not be responsible for repairs or maintenance provide Landlord with written notice, including a description of the proposed use, the name and credit information of any user, the date when the use is proposed to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remainchange, and will discharge any mortgagethe basic business terms of the proposed transaction. Within 30 days after receipt of Tenant's notice, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, Landlord shall inform Tenant whether or not Landlord consents to the change in use or (ii) any lienLandlord may, including a mortgage on at its option, notify Tenant that it has elected to recapture such portion of the leasehold interest Leased Premises, in which event this Lease shall terminate as to such portion at the end of Lesseesuch 30 day period, which may be approved by or such later date as Tenant proposed to change the Lessor use. If Landlord does not elect the option in writingclause (ii) of the preceding sentence, which approval Landlord's consent shall not be unreasonably withheld. Among the factors Landlord may consider are whether the change may cause the loss of certain "grandfathered" zoning or use rights to use such location as an automobile dealership.
5.4 Nothing contained in this Lease, (iii) liens for impositions not yet payableand no action or inaction by Landlord, shall be deemed or construed to mean that Landlord has granted to Tenant any right, power, or payable without the addition of authority to do any fine, penalty, interest or cost for non-paymentact, or being contested as permitted by Paragraph 3(d)to make any agreement that may create, below, and (iv) liens of mechanics, materialmen, suppliers or vendorsgive rise to, or rights theretobe the foundation to any right, incurred title, interest, lien, charge, or other encumbrance upon the estate of Landlord in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been madeLeased Premises.
Appears in 1 contract
Use of the Leased Premises. (a) Lessor, in consideration 7.1 Use of the rents to be paid and covenants herein contained, hereby leases to Lessee leased premises" - the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee LESSEE shall use the Land exclusively leased premises solely to conduct its business thereby enabling it to carry out the project for purposes associated with which it shall receive certification from the operation Quebec Finance Ministry, the LESSEE undertaking to forward a copy of said certification to the LESSOR no later than five (5) days following its issue date. A copy of the stationeligibility recommendation issued by the Bureau des centres de developpement des technologies de l'information in favour of the LESSEE is attached hereto as Schedule 7.1.
(c) Lessee 7.2 Change in the nature of the LESSEE's business" - the LESSEE acknowledges that all the tenants have been or shall be chosen and approved by the LESSOR and EXHIBIT 10.10 that all the leases have been or shall be negotiated and signed depending on the right nature, type and quality of the goods and services to be sold or offered in each rentable space and that no change in the nature, type or name of the business conducted by the LESSEE in the leased premises, or in the quality of the goods and services sold or offered by the LESSEE in or from time to time to substitute Installations the leased premises shall be permitted without the express written consent of similar kind the LESSOR and character for those hereinabove specifiedwhich it may arbitrarily refuse, including without limitationnotwithstanding any contrary provision of the law. In addition, the rebuilding LESSEE acknowledges that all the tenants of CDTI's rental area have also been or shall be chosen and reconfiguring approved by the LESSOR owing to their certification by the Quebec Finance Ministry. The LESSEE undertakes to continue to fulfill each and every eligibility condition required to establish a CDTI as set out in the law or in the applicable regulation and to maintain its certification throughout the term of the towers on lease. The LESSEE acknowledges that where it fails to comply with all such eligibility conditions and to maintain its certification, the Real PropertyLESSOR may, provided such changes shall be approved in advance without being obliged to do so, secure the cancellation of this lease by Lessorsending a simple written notice to the LESSEE outlining its intention to cancel this lease, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within said cancellation taking effect upon expiry of a thirty (30) days after Lessor’s day period following receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned said notice by the negligence of Lessor, its agents, employees or contractorsLESSEE.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
Appears in 1 contract
Samples: Commercial Lease (Taleo Corp)
Use of the Leased Premises. (a) Lessor, in consideration Plant 2 includes an oxide processing plant. Attached hereto as Exhibit C of this Agreement is an inventory of machinery and equipment (the rents to be paid “Equipment”). Said Equipment is part of Plant 2 and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may Hecla shall use the Leased Premises for the operation delivery, storage and processing through Plant 2 of minerals and mineralized material, the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal proper deposition of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and conditionwaste from such mineral processing, and agrees that the Land complies in all respects with all requirements shipment of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right mineral products from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerousother locations for further processing or sale, toxicand related activities (collectively the “Permitted Use”), noxious or offensive trade or business, or and Hecla shall not use the Leased Premises for any unlawful purposeother purposes. Hecla may use Plant 2 to process only such material and such amount of material as is permitted by applicable tailings, environmental and other permits (whether such permits be permits issued to Hecla or to Xxxxxxx) and as can be processed in compliance with the terms of this Lease including without limitation the provisions of Section 7(b), and Hecla agrees to comply with the processing limitations and other requirements of all such permits. Hecla may use, for the disposal of waste material from its operations at Plant 2, up to a total volume of 80,000 cubic meters of tailings dam capacity in the tailings facility on the Leased Premises during the Lease Term, provided that such amount may be increased in accordance with Section 9.
(gc) Lessee shall not directly or indirectly create or permit Hecla may make certain improvements and alterations to be created or to remainPlant 2 at Hecla’s cost, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect subject to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest prior written approval of Lessee, Xxxxxxx which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld. Hecla shall provide Xxxxxxx with a detailed description of the proposed improvements and alterations to Plant 2 when it requests approval of the same, (iii) liens for impositions not yet payable, and following the construction or payable without the addition of any finesuch improvements and alterations Hecla shall provide an updated description of the as built improvements and alterations, penaltytogether with engineering drawings and plans and such other information as Xxxxxxx reasonably requests in writing.
d) Hecla will conduct its operations on the Leased Premises pursuant to and in compliance with environmental permits and licenses required by applicable law for Hecla’s operations and obtained by Hecla. If Hecla reasonably believes and notifies Xxxxxxx in writing, interest in reasonable detail, that it will be unable to obtain its own environmental permits and licenses on or cost before March 31, 2016, but that approval of environmental authorities can be obtained on or before March 31, 2016 for non-paymentHecla to conduct its operations pursuant to the environmental permits and licenses of Xxxxxxx, then Hecla and Xxxxxxx shall proceed to obtain such approval. The advance approval of environmental authorities is required in order for Hecla to process its material through Plant 2 and use the tailings facility. Hecla may not process any of its material through Plant 2 or being contested as permitted use the tailings facility prior to receiving such approvals. Xxxxxxx and Hecla will cooperate and assist each other in requesting the required approvals from the environmental authorities, including providing information regarding material to be processed by Paragraph 3(d)Hecla and other aspects of Hecla’s planned operations. If the approvals of environmental authorities required for Hecla to process its material through Plant 2 and use the tailings facility have not been obtained on or before March 31, below2016, either Hecla or Golden shall have the right to terminate this Agreement. In order to exercise this right, the party wishing to terminate shall provide written notice of such termination to the other party on or before 5:00 p.m., Torreon time, on March 25, 2016. Termination of this Agreement is terminated under this Section 5(d) shall be without penalty to either Hecla or Xxxxxxx.
e) Xxxxxxx is party to a labor contract with Sindicato Nacional de Trabajadores Mineros, Metalurgicos, Siderurgicos y Similares de la Republica Mexicana (the “Syndicato”)that currently covers the operation of Plant 2. Hecla will negotiate with the Syndicato to establish its own labor contract with respect to its activities on the Leased Premises, and (iv) liens Xxxxxxx will work with Hecla in these matters. If Hecla has not entered into a labor contract with the Syndicato on or before January 1, 2016 then Hecla and Xxxxxxx will cooperate so that employees working for Hecla on the Leased Premises will be employed by Xxxxxxx, with the costs thereof plus a fee equal to 5% of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.such costs and applicable VAT reimbursed monthly by Hecla to Xxxxxxx within 5
Appears in 1 contract
Samples: Master Agreement and Lease Agreement (Golden Minerals Co)
Use of the Leased Premises. (a) LessorTenant agrees to use the Leased Premises as a deli and grill to serve breakfast and lunch food items, in consideration of snacks, and non-alcoholic beverages to owners and guests at the rents Resort, to be paid known as "Breezeway Cafe", and covenants herein containedfor no other purpose. Tenant understands and agrees that Landlord shall have no obligation hereunder to supply any equipment, hereby leases inventory or supplies necessary for conducting Tenant's business except as specifically provided herein, and Landlord expressly makes no representation or warranty as to Lessee the Leased Premises.
(b) Lessee may use fitness of the Leased Premises for the purposes herein intended. Tenant will not commit waste upon the Leased Premises or the Resort, nor do or permit to be done in or about the Leased Premises or the Resort, nor bring or keep or permit to be brought to or kept therein, anything prohibited by or which in any way will conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard for fire or other insurance upon the Leased Premises or any of its contents, nor cause a cancellation of any insurance policy covering the Leased Premises or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Leased Premises or the Resort which will in any way obstruct or interfere with the normal operation of the stationResort or its HVAC, andplumbing, in connection therewithor other mechanical or electrical systems. Further, for Tenant shall not alter the installationappearance of the exterior or interior of the Resort or any portion of the Leased Premises, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar nor shall it interfere with the physical condition rights of guests or other Tenants or invitees of the Land and has received the same in good order and conditionLeased Premises, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specifiedor injure or annoy them, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit allow the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any improper, immoral, unlawful or objectionable purpose.
(g) Lessee . Tenant further represents and warrants that it shall not directly or indirectly create cause, maintain or permit any nuisance in, on or about the Leased Premises or commit or suffer to be created committed any waste in, on or to remain, and will discharge any mortgage, lien, security interest, encumbrance about the Leased Premises or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been madeResort.
Appears in 1 contract
Samples: Assignment of Lease Agreement (Kisses From Italy, Inc.)
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time use, and to substitute Installations of similar kind and character for those hereinabove specified, including without limitationallow others to use, the rebuilding Leased Premises throughout the term of this Ground Lease for any and reconfiguring all lawful purposes provided that such use does not materially adversely affect the use of the towers on Chicopee Facility. It is understood and agreed that Lessee intends to sublet the Real Property, provided such changes shall be approved in advance by Lessorentire Leased Premises pursuant to the Sublease, and Lessor shall not unreasonably delay have the right to enter into additional or withhold its approvalsuccessive subleases of all or portions of the Leased Premises throughout the term of this Ground Lease. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereofAccordingly, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access no liabilities or obligations for the uses to which the Leased Premises twenty-four (24) hours per dayare put, seven (7) days per weekit being understood and agreed that Lessee's subtenants shall, throughout the term of this Sublease, be solely and exclusively responsible, at such subtenant's sole cost and expense, for the purpose of installing, maintaining and repairing its Installations, provided assuring that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to and the use of the Leased Premises will be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement in conformity with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under all the terms of this Ground Lease and applicable laws, regulations, codes and ordinances. Provided further, however, that if Lessee's subtenant is, at any time, other than Spalding & Evenflo Companies, Inc., or an affiliate or successor by merger to such subtenant as may be allowed under the related contracts are not at Sublease (a "Non-affiliate User"), Lessee will, to the time dueextent allowed by the terms of its sublease with such Non-affiliate User, use reasonable efforts to enforce such Non-affiliate User's obligations to comply with the terms of this Ground Lease and applicable laws, regulations, codes and ordinances. Any failure of the Non-affiliate User to do so will not, however, result in a default hereunder; provided that adequate provision for the payment thereof Ground Lessor shall have been madethe right to enforce such obligations on behalf of Lessee.
Appears in 1 contract
Samples: Ground Lease and Security Agreement (Evenflo & Spalding Holdings Corp)
Use of the Leased Premises. 5.1 Except as otherwise provided in this Article 5, Tenant shall be permitted to use the Leased Premises as an automobile dealership, subject, however to:
(a) Lessorthe laws, ordinances, orders, rules and regulations (including, without limitation, zoning ordinances) now in consideration of the rents to be paid effect or hereafter adopted by all governmental and covenants herein contained, hereby leases to Lessee the Leased Premises.quasi-governmental authorities having or asserting jurisdiction; and
(b) Lessee may use such conditions, restrictions and other encumbrance, if any, to which the Leased Premises for are subject at the operation date of this Lease.
5.2 Notwithstanding anything to the stationcontrary provided in Section 5.1, andTenant shall not use or occupy the Leased Premises, permit or suffer the same to be used or occupied and/or do, or permit or suffer anything to be done, in connection therewithor on the Leased Premises or any part thereof, for that would, in any manner or respect;
(a) violate any certificate of occupancy in force relating to any Improvement situated on the installationLeased Premises (unless Tenant obtains an amendment to the certificate of occupancy in order to avoid such violation);
(b) make void or voidable any insurance then in force with respect to the Leased Premises, repair, maintenance, operation, housing and removal of its Improvements and or render it impossible to obtain fire or other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of insurance thereon required to be furnished by Tenant under this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.Lease;
(c) Lessee shall have the right from time cause structural or other injury to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring any of the towers on the Real PropertyImprovements, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.constitute a private or public nuisance or waste; and/or
(d) Lessee shall have access to render the Leased Premises twenty-four (24) hours per day, seven (7) days per week, incapable of being used or occupied after the expiration or sooner termination of the Term of this Lease for the purpose of installingpurposes for which the same were used and occupied on the Commencement Date (such use being automotive sales, maintaining servicing, leasing financing and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessorautomotive insurance).
5.3 If Tenant proposes to change the use (eincluding discontinuing any use) Lessor at a particular location as an automobile dealership, Tenant shall not be responsible for repairs or maintenance provide Landlord with written notice, including a description of the proposed use, the name and credit information of any user, the date when the use is proposed to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remainchange, and will discharge any mortgagethe basic business terms of the proposed transaction. Within 30 days after receipt of Tenant's notice, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, Landlord shall inform Tenant whether or not Landlord consents to the change in use or (ii) any lienLandlord may, including a mortgage on at its option, notify Tenant that it has elected to recapture such portion of the leasehold interest Leased Premises, in which event this Lease shall terminate as to such portion at the end of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payablesuch 30 day period, or payable without such later date as Tenant proposed to change the addition use. If Landlord does not elect the option in clause (ii) of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.the
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Use of the Leased Premises. (a) 8.1. The Lessor shall make the Leased Premises available to the Lessee on the Commencement Date and the Lessee shall use the Leased Premises solely for the purposes indicated in the Lease Information. The Leased Premises shall not be used for any other purpose other than those referred to above without the Lessor’s prior written consent, in consideration and any other use of the rents Leased Premises without such consent shall constitute a material breach of this Agreement.
8.2. IF THE LEASED PREMISES ARE AVAILABLE FOR OCCUPATION ON THE COMMENCEMENT DATE BUT THE LESSEE DOES NOT MOVE IN WITHIN 72 (SEVENTY-TWO) HOURS, THE LESSOR MAY CANCEL THIS AGREEMENT WITHOUT NOTICE AND HOLD THE LESSEE LIABLE FOR ANY DAMAGE SUFFERED BY THE LESSOR. THIS CLAUSE DOES NOT APPLY IF THE PARTIES HAVE AGREED IN WRITING THAT THE LESSEE WILL NOT MOVE IN ON THE COMMENCEMENT DATE.
8.3. The Lessee shall comply with any rules prescribed by the Lessor from time-to-time and communicated to the Lessee relating to the use and enjoyment of the Leased Premises, including matters relating to security, fire, safety, access, animals, deliveries, storage, parking, security, and all matters incidental thereto.
8.4. The Lessee acknowledges that if he/she fails within 3 (THREE) days of signing of this Agreement, to notify the Lessor of not having received all keys in respect of the Leased Premises, it shall be deemed that he/she has received all keys in respect of the Leased Premises and the Lessee undertakes to return all such keys to the Lessor at the expiration or termination of this Agreement.
8.5. The Lessee must clean the carpets and other floor coverings and tiles regularly, it being understood that such will be replaced at the expense of the Lessee should they be damaged beyond reasonable wear and tear.
8.6. The Lessee shall only be entitled to keep any pet or domestic animal on the Leased Premises with the Lessor’s prior consent thereto in writing. The Lessee hereby undertakes and agrees to remedy and pay for any damage caused to the Leased Premises and/or contents of the Leased Premises which shall have been caused by any pet or domestic animal residing in the Leased Premises. For the avoidance of doubt any such damage shall not be deemed to be paid fair wear and covenants herein containedtear.
8.7. The Lessee shall not –
8.7.1. without the Lessor's prior written consent cede or assign or in any way alienate or encumber any of the Lessee's rights or obligations in terms hereof; and/or sublet or permit anyone else to occupy the Leased Premises or any part thereof;
8.7.2. contravene or permit a contravention of any law, hereby leases by-law, ordinance, proclamation, statutory regulation which applies to the Leased Premises or which the Lessor is required to observe as owner of the Leased Premises;
8.7.3. contravene or permit a contravention of any of the conditions of title under which the Lessor owns the Leased Premises;
8.7.4. do anything or permit anything to be done in or on the Leased Premises which may constitute a nuisance, danger or hazard to adjoining properties or cause annoyance, disturbance or discomfort to tenants or occupiers of adjoining buildings or which amounts to improper, indecent or objectionable conduct or use of the Leased Premises;
8.7.5. do anything which creates a nuisance or blockage of the Parking Bays and shall at its cost at all times keep the Parking Bays clean and tidy, and on termination of the Agreement hand over the Parking Bays in the same condition;
8.7.6. do anything which detracts from the appearance of the Leased Premises and shall at its cost at all times keep the interior of the Leased Premises clean, free from insects and rodents, tidy and hygienic, including the cleaning of all glass, windows (internal and external), office fronts and external doors, and on termination of the Agreement hand over the Leased Premises in the same condition;
8.7.7. leave waste or allow the accumulation of waste, refuse, junk, wreckage or perishable articles in or about the Leased Premises except in refuse bins or designated refuse storage areas;
8.7.8. interfere with any electrical, plumbing, gas or other system installations at the Leased Premises, except as may be necessary to enable the Lessee to carry out its obligations of maintenance and repair in terms of this Agreement, including taking reasonable measures to prevent blockages and obstructions in drains, sewerage pipes, gutters and water pipes servicing the Leased Premises, including at its cost removing any obstruction or blockage and repairing piping or drainage where necessary;
8.7.9. install any electrical installations which separately or cumulatively has the potential to overload, short circuit, unduly strain and/or exceed the electrical loading capacity of any electrical installation(s) on the Leased Premises;
8.7.10. keep any animals on the Leased Premises or shall only be entitled to keep such animals on the Leased Premises as the Lessor may consent to in writing;
8.7.11. install any equipment which could harm the structure of the building without the consent of the Lessor; and/or
8.7.12. do anything or permit anything to be done in or on the Leased Premises which may be or may constitute a nuisance to users of adjoining properties or other tenants and shall be responsible for the conduct of its employees, agents and contractors in or about the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”). Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. Lessee shall use the Land exclusively for purposes associated with the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, for the purpose of installing, maintaining and repairing its Installations, provided that the contractors performing such work are reasonably acceptable to Lessor.
(e) Lessor shall not be responsible for repairs or maintenance to the Installations, except for repairs occasioned by the negligence of Lessor, its agents, employees or contractors.
(f) Lessee shall not use or permit the Leased Premises to be used by any dangerous, toxic, noxious or offensive trade or business, or for any unlawful purpose.
(g) Lessee shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
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Samples: Lease Agreement
Use of the Leased Premises. (a) Lessor, in consideration of the rents to be paid and covenants herein contained, hereby leases to Lessee the Leased Premises.
(b) Lessee may use the Leased Premises for the operation of the station, and, in connection therewith, for the installation, repair, maintenance, operation, housing and removal of its Improvements and other related broadcasting equipment (together comprising the “Installations”)11.1. Lessee is fully familiar with the physical condition of the Land and has received the same in good order and condition, and agrees that the Land complies in all respects with all requirements of this Agreement. The Lessee shall use obtain from the Land exclusively for purposes associated with competent authorities all the operation of the station.
(c) Lessee shall have the right from time to time to substitute Installations of similar kind licenses and character for those hereinabove specified, including without limitation, the rebuilding and reconfiguring of the towers on the Real Property, provided such changes shall be approved in advance by Lessor, and Lessor shall not unreasonably delay or withhold its approval. In the event Lessee submits any such changes for Lessor’s approval and Lessor does not respond within thirty (30) days after Lessor’s receipt thereof, then such changes shall be deemed approved by Lessor, so long as such changes otherwise comply with this Agreement.
(d) Lessee shall have access to the Leased Premises twenty-four (24) hours per day, seven (7) days per week, permits that are required for the purpose of installingmanaging its business in the Leased Premises in accordance with the purpose of lease including a certificate issued by the Ministry of Health, maintaining the Ministry of Environmental Protection and repairing Rehovot Municipality. The Lessee undertakes to conduct its Installationsbusiness solely in accordance with the terms set forth in the said licenses, provided in accordance with the provisions set forth in any law and in accordance with the requirements set forth by any competent authority.
11.2. The Lessee declares that it reviewed the demands made by the competent authorities that constitute a condition for obtaining the licenses as stated in this section and that the contractors performing such work are reasonably acceptable Lessor shall not be held liable in any manner in case the Lessee fails to Lessorobtain the said licenses. It is emphasized that obtaining the licenses and the permits by the Lessee shall not constitute grounds for the failure of the Lessee to fulfill its undertakings in accordance with this Agreement, including default in payment of the Rent.
11.3. Without derogating from the generality of the aforesaid the Lessee undertakes, as a condition for delivery of possession in the Leased Premises, to obtain a fire safety certificate for the Leased Premises from the fire department in the Rehovot area and for that purpose to present to the fire department any certificate that is required, install any facility and/or system that are required and all at its expense and under its responsibility.
11.4. The Lessee shall not hold any materials, tools, equipment, products, stock and any other chattel (ehereinafter collectively: “Chattel”) outside the Leased Premises without obtaining the approval of the Lessor. In any event in which any Chattel of the Lessee is kept outside the Leased Premises without obtaining the approval of the Lessor in connection with the Lessor shall be entitled to remove the said Chattel from the premises at the expense of the Lessee and the Lessor shall not be responsible for repairs or maintenance its integrity.
11.5. The Lessee shall uphold and observe all laws, regulations and bylaws applicable to the InstallationsLeased Premises, except use thereof and the business, the works and the actions performed therein. [Signature and Stamp: Africa Israel Properties Ltd][Signature and Stamp: Sxxxxx Ltd] [Signature and Stamp: SciGen Il Ltd513679555]
11.6. The Leased Premises or any part thereof may not be used in any manner that will cause noises, odor, vibrations, pollution, smoke, dust and other nuisances and obstacles that deviate from reasonable use while taking into account the nature of the Park in general and the nature of the close environment of the Leased Premises in particular.
11.7. The Lessee shall not transmit to the sewage system waste whose quality or quantity may harm the said system or harm its working order or that may risk the ordinary use of water sources. For the purpose of this paragraph – the sewage system – central sewage or cesspits and canalization and drainage systems and water purification facilities, to the extent that there are any. The Lessee shall take measures to assure that no solid materials are found in the wastewater that may harm or clog the pipeline or the canals and harm the sewage pipelines the inspection cxxxxxxx, the metering devices, the purification facilities.
11.8. Without derogating from the generality of the aforesaid, the Lessee undertakes to approach the Ministry of Environmental Protection and receive all the instructions and directions pertaining to treatment of wastewater and waste and to follow all these instructions and directions at its expense.
11.9. The Lessee undertakes not to hang, install or paint any signs, marks or any other type of advertisement in any part of the Building where the Leased Premises are situated without obtaining the prior approval of the Lessor. The Lessee shall be entitled to receive, at its expense, a sign at the entrance to the Park, and in the Building and in the floor where the Leased Premises are situated and in the form that is customary in the Park.
11.10. The Lessee undertakes not to use any place located outside the Leased Premises however solely for repairs occasioned the purpose of accessing the Leased Premises in the manner and in the form as prescribed by the negligence of Lessor, its agents, employees or contractorsLessor from time to time.
(f) 11.11. The Lessee undertakes not to use the Leased Premises and any materials and devices held therein and not to perform any activity in the Leased Premises if the said use and/or activity include risks that deviate from the risks that are insured by the Lessee unless the Lessor grants its prior and written approval in connection therewith. In case the Lessor granted its approval as aforesaid, the Lessee undertakes to arrange insurance against any damage and harm to the body and property that might be caused due to the said risks to the satisfaction of the Lessor and without derogating from the right of the Lessor to arrange the add insurances by itself and the Lessee shall be obligated to return to the Lessor any amount that the Lessor spends for that purpose immediately upon receiving the Lessor’s notice. [Signature and Stamp: Africa Israel Properties Ltd][Signature and Stamp: Sxxxxx Ltd] [Signature and Stamp: SciGen Il Ltd513679555]
11.12. The Lessee shall use the Leased Premises and surroundings thereof in such manner that will not cause any disturbance to the other lessees in the Building and while protecting and cleaning the common property in the Building and facilities thereof.
11.13. Without derogating from the said in this section above, the Lessee undertakes that it shall not make in the Leased Premises any use that causes a nuisance and/or a consequence that is in violation of the provisions set forth in any law and/or this Agreement and, without derogating from the generality of the aforesaid, the Lessee shall not use or permit the Leased Premises to be used by in any dangerousmanner that requires and/or that creates, toxicwhether directly or indirectly, noxious or offensive trade or business, or for chemical compounds and/or smoke and/or gases and/or bad odors and/or other active substances that may and/or that can harm the environment in any unlawful purposemanner.
(g) Lessee 11.14. The provisions set forth in this section constitute a material condition in this Agreement and their breach or breach of any thereof shall not directly or indirectly create or permit to be created or to remain, and will discharge any mortgage, lien, security interest, encumbrance or charge on, pledge constitute a fundamental breach of or conditional sale or other title retention agreement with respect to the Real Property or any part thereof or Lessee’s interest therein other than (i) this Agreement, (ii) any lien, including a mortgage on the leasehold interest of Lessee, which may be approved by the Lessor in writing, which approval shall not be unreasonably withheld, (iii) liens for impositions not yet payable, or payable without the addition of any fine, penalty, interest or cost for non-payment, or being contested as permitted by Paragraph 3(d), below, and (iv) liens of mechanics, materialmen, suppliers or vendors, or rights thereto, incurred in the ordinary course of business for sums which under the terms of the related contracts are not at the time due, provided that adequate provision for the payment thereof shall have been made.
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