Common use of Use of the Premises Clause in Contracts

Use of the Premises. A. The dwelling unit shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 4 contracts

Samples: Public Housing Lease Agreement, Public Housing Lease Agreement, Public Housing Lease Agreement

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Use of the Premises. A. The dwelling unit 9.1. RPTA shall be used only as a private residence use the Premises solely for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis purpose of carrying out bus operations set forth in the dwelling unit if RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Authority has given Premises for any use other than that specified in this section without the prior written consent of Tempe. RPTA agrees to do so. All exceptions will require prior written approval and, if preserve the activity will continue in Premises and to conduct the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days Activities in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with manner that meets all applicable rules and regulations of the Authority and with all applicable federal, state and local statutes, codes, ordinances rules and regulations applicable to the Tenant Activities and EVBOM (“applicable laws. D. Tenant, ”) relating to the household members Premises and any guests, shall use not use to the utilities furnished by operations contemplated in the Authority so as to waste the utilities through excess utility consumption, Tenant Activities and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws now or hereafter enacted concerning the Premises, the use of the Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to comply with the applicable laws. RPTA shall not commit or suffer to be committed, regulations any waste upon the Premises, or guidelines allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any governmental entity regulating utilities part of the Premises except in trash containers designated for that purpose. Any uses which involve the serving and or fuelssale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant Activities on the Premises. E. Tenant9.2. RPTA shall require all subtenants, or any licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. 9.3. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the household membershiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, are prohibited from entering upon credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 2 contracts

Samples: Joint Use and Lease Agreement, Joint Use and Lease Agreement

Use of the Premises. A. The dwelling unit (a) Tenant shall be used use the Premises only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in purpose of conducting the following yearbusiness: Light manufacturing, a new exception request will need to be submitted assembly, distribution, warehouse and general office related thereto. If such use is prevented by any law or governmental regulation, Tenant may use the Premises for approvalother reasonable uses. B. (b) In connection with its use, Tenant shall give prior notice to the Authority of any guest staying overnight shall, at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisesits expense, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, ordinances, and regulations or guidelines of any public authority, including those requiring alteration of the Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or noise to be emitted from the Premises; shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises; and shall not overload the floors or electrical circuits of the Premises. Landlord shall have the right to approve the installation of any power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or architect whose opinion will control regarding floor loads. Allowable ground floor load shall be 300 pounds per square foot. This provision assumes that Landlord builds the Premises in accordance with Exhibit C. (c) Tenant may erect a sign stating its name, business, and product after first securing Landlord's written approval of the site, color, design, wording, and location, and all necessary governmental entity regulating utilities approvals. No signs shall be painted on the Building or fuelsexceed the height of the Building. All signs installed by Tenant shall be removed upon termination of this lease with the sign location restored to its former state. E. Tenant(d) Tenant shall make no alterations, additions, or any improvements to the Premises or change the color of the household membersexterior without Landlord's prior written consent and without a valid building permit issued by the appropriate governmental agency. Upon termination of this lease, are prohibited from entering upon any such alterations, additions, or improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physical attached fixtures) shall at once become part of the Development realty and belong to Landlord unless the terms of the applicable consent provide for any reason if removal by Tenant. In such case, Tenant shall at its sole cost and expense promptly remove the Tenant has been evicted through specified additions, alterations, or improvements and repair and restore the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction Premises to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodits original condition.

Appears in 2 contracts

Samples: Lease (Fei Co), Lease (Fei Co)

Use of the Premises. A. The dwelling unit shall be used only as a private residence for Tenant and TenantXxxxxx’s household members, except that Tenant Xxxxxx and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at TenantXxxxxx’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. TenantX. Xxxxxx, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. TenantX. Xxxxxx, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 2 contracts

Samples: Public Housing Lease Agreement, Public Housing Lease Agreement

Use of the Premises. A. The dwelling unit 14.1 During the term of this Agreement, the Licensee shall: (a) Not store or allowed to be stored in the Licensed Premises, any combustible or hazardous material at any time; (b) Other than normal wear and tear, not cause any damage to the Licensed Premises or the furniture and fixtures installed therein. (c) Allow Licensor’s representatives to inspect the Licensed Premises during office hours provided one day’s advance written intimation for the same is given, provided however in case of emergency, the Licensor’s representatives shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and entitled to inspect the household members may request an exception for certain limited incidental activities on a case by case basis Licensed Premises with shorter notice or without notice. (d) Not to do or permit to be done anything in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need Licensed Premises which is likely to be submitted for approvala nuisance or annoyance to the other neighbors or which is likely to cause damage to the Licensed Premises or any part thereof. B. Tenant shall give prior notice (e) Restrict the use of the common area on the building only for accessing the Licensed Premises. Not to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in install or encroach upon the premises, including common area of building wherein the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household membersLicensed Premises are situated. C. Tenant, any of (f) The Licensee shall observe all the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations governing the unit occupiers in the building known as Amar Paradigm. 14.2 The Licensee shall obtain all statutory approvals and/or consents necessary for its business. The Licensor permits the use of the Authority address of the Licensed Premises as temporary address for the purpose of obtaining statutory approvals/consents. The Licensor shall wherever reasonably necessary give its no-objection for obtaining such approvals. The Licensee shall furnish to the Licensor a copy of all such approvals and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, consents obtained by it. The Licensee alone shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as be responsible to comply with all applicable lawsthe terms of. the· approvals and local laws concerning its business. On expiry of the license or sooner termination thereof, regulations the Licensee shall surrender or guidelines of any governmental entity regulating utilities or fuelstransfer the approvals/consents to wherever it deems fit, at its costs. E. Tenant, or any 14.3 There would be no privity of contract between the employees of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office Licensee and the hearing officer upholds Licensor and the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodLicensee alone shall be responsible for compliance with various lows applicable thereto and for payment of wages, salary and other benefits as required by law.

Appears in 2 contracts

Samples: Leave and License Agreement (Pubmatic, Inc.), Leave and License Agreement (Pubmatic, Inc.)

Use of the Premises. A. (a) The dwelling unit Demised Premises shall, during the Lease Term, be used and occupied only for the Use Permitted, and operated under the Trade Name, specifically set forth in Paragraphs 1(f) and 1(g), and for no other purpose and under no other name, without the written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall install and maintain in the Demised Premises store fixtures of high quality and shall, during the first Lease Year, operate its business in the whole of the Demised Premises in a high-grade reputable manner throughout the Lease Term, keeping the Demised Premises in a clean and sanitary condition, and in general employing its best business judgment, efforts and abilities to operate said business in an efficient and businesslike manner, to the end that the maximum volume of sales which can be reasonably produced in the Demised Premises shall be used only realized under Tenant's Trade Name. (b) If at any time during the Lease Term, the Demised Premises shall be closed for business for a period of sixty (60) consecutive days or more, other than as a private residence for Tenant result of fire or other casualty, eminent domain or force majeure, Landlord shall have the right to terminate this Lease upon thirty (30) days written notice to Tenant. In the event that Landlord terminates this Lease in accordance with the provisions of this paragraph, the Lease shall terminate effective as of the date specified in Landlord's notice (but not earlier than the date that is thirty (30) days after such notice) and Tenant’s household membersneither party shall have any further obligations hereunder, except that both parties shall remain liable for any accrued obligations existing as of the date of termination. Tenant shall execute a recordable cancellation agreement acceptable to Landlord evidencing any early termination, and shall surrender the household members may request an exception Demised Premises on the termination date in accordance with Paragraphs 8 and 14. (c) Tenant shall not use or suffer or permit to be used the Demised Premises or any part thereof in violation of any law or ordinance or any regulation of any governmental authority or in any manner that will constitute a nuisance, or that will injure the reputation of the Shopping Center or any part thereof, or for certain limited incidental activities any hazardous purpose, or that will violate, suspend, void or serve to increase the premium rate of or make inoperative any policy or policies of insurance of any kind whatsoever at any time carried on a case by case basis any property, buildings or improvements in the dwelling unit if Shopping Center or any part thereof. (d) During the Authority has given prior written consent to do soLease Term, Tenant agrees: i. To keep the Demised Premises, including all vestibules, entrances and returns located therein, all improvements thereon, and all windows, doors and glass or plate glass fixtures, in a safe, clean, orderly and sanitary condition at all times. ii. All exceptions will require prior written approval and, if the activity will continue To store or stock in the following yearDemised Premises only such goods, wares, merchandise, or other property as shall be reasonably required in connection with Tenant's business in the Demised Premises. iii. To use for offices, clerical or other nonselling purposes only such space in the Demised Premises as is from time to time reasonably required for Tenant's business therein. iv. To store all trash and garbage in adequate containers, maintained in a new exception request will need neat and clean condition and located so as not to be submitted for approvalvisible to the public in or outside the Shopping Center and so as not to create or permit any health, safety or fire hazard, and not to permit undue accumulation of garbage, trash, rubbish and other refuse in the Demised Premises. B. Tenant shall give prior notice v. Not to the Authority burn any papers, trash or garbage of any guest staying overnight at Tenant’s premises kind in or about the Demised Premises or the Shopping Center. vi. Not to use or operate any equipment, fixtures or machinery which in Landlord's reasonable opinion is harmful to it or disturbs other tenants or customers in the Shopping Center. vii. Not to use the plumbing facilities for any purpose other than that for which they were constructed and not to dispose of any damaging or injurious substance therein. viii. Not to distribute any handbills or other advertising matter in an unreasonable manner on or about any part of the Shopping Center outside the Demised Premises, and in the event that Tenant elects to distribute any such overnight stay is deemed an accommodation handbills or other advertising matter, to promptly reimburse Landlord for any additional cleaning expenses incurred by Landlord in connection therewith. ix. Not to advertise any going out of business, removal, fire, bankruptcy, auction or other distress sale on the guest. Reasonable accommodation for a guest is permitted only so long as Demised Premises unless and until satisfactory proof has been supplied that the guest is not provided accommodations in or upon the premisesperson intending to conduct such sales has complied meticulously with all legal requirements, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, without limitation any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority Federal Trade Commission. x. Not to use any sidewalks, walkways or other common areas of the Shopping Center for the keeping, displaying, advertising and/or sale of any merchandise or other object; provided, however, Tenant shall have the right to use, in a businesslike fashion, the sidewalks immediately outside of and adjacent to the Demised Premises for the exhibit and sale of its merchandise so long as Tenant does not unreasonably interfere with pedestrian traffic in the Shopping Center or unreasonably restrict pedestrian access by sidewalk to other tenants in the Shopping Center. xi. Not to install on or about the Demised Premises any amplifiers or similar devices and/or not to use in, on or about the Demised Premises any advertising medium which may be heard or experienced outside the Demised Premises, such as flashing lights, searchlights, loudspeakers, phonographs, television or radio broadcasts, and which unreasonably disturb and interfere with the business conducted by other tenants in the Shopping Center. xii. Not to install a television antenna outside the Demised Premises without first notifying Landlord in writing; and, if Tenant is permitted to connect with any master antenna provided by Landlord, to furnish and install any and all wiring and booster systems related to such connection and the operation within the Demised Premises of television receivers, and to reimburse Landlord for all connection charges incurred by Landlord. xiii. To keep the Demised Premises clean, orderly, sanitary and free from objectionable odors and from termites, insects, vermin and other pests, and not to keep any live animals of any kind in, upon or about the Demised Premises. Tenant agrees to establish at its own cost and expense, a pest, vermin or other extermination program for the Demised Premises. Any program of extermination and the company or person performing the same shall be subject to Landlord's approval, not to be unreasonably withheld. xiv. To comply with any and all requirements of any of the constituted public authorities, and with all the terms of any State or federal statute or local ordinance or regulation applicable federalto Tenant or its use of the Demised Premises, state and local lawsto save Landlord harmless from penalties, fines, costs, expense or damages resulting from failure to do so. D. xv. To give to Landlord immediate verbal notice followed by prompt written notice of any accident, fire or damage occurring on or to the Demised Premises; provided, however, that Tenant shall not be required to notify Landlord of any minor accidents or injuries occurring on the Demised Premises. xvi. To use its best efforts to perform all loading and unloading of goods only in the areas and through such entrances as may be designated for such purposes on Exhibit G. Trailers and/or trucks servicing the Demised Premises shall follow such routes in the Shopping Center as designated on Exhibit G and shall remain parked in areas of the Shopping Center designated on Exhibit G. xvii. To use its best efforts to require Tenant's employees to park their cars only in those portions of the parking area or at such other places as designated on Exhibit G. xviii. To comply with all reasonable rules and regulations of Landlord in effect at the time of the execution of this Lease, or at any time or times, and from time to time promulgated by Landlord, which Landlord in its reasonable discretion shall deem necessary for the household members proper operation of the Shopping Center, or the Demised Premises, all in accordance with good standards for the operation of a shopping center, including but not limited to the installation of such fire extinguishers and other safety equipment as Landlord may require; it being understood that Landlord may except certain tenants leasing more than ten thousand (10,000) square feet from compliance with all or part of said rules and regulations. In the event that Landlord excepts any guestssuch tenant from compliance with all or part of any rule or regulation, Tenant shall also be excepted from compliance with all or part of such rule or regulation. (e) Subsequent to Tenant's occupancy and initial build out of the Demised Premises as provided in Paragraph 5(c), Tenant shall have the right to make any non-structural alterations and improvements costing less than $500,000.00 to the interior of the Demised Premises without obtaining the prior written consent of Landlord, provided that such alterations and improvements are constructed: (i) in a good and xxxxxxx like manner with the use not use of good grades of materials equivalent to those used in Tenant's initial build out of the utilities furnished by the Authority Demised Premises, (ii) in accordance with applicable laws and building codes and (iii) in a manner so as not to waste structurally impair the utilities through excess utility consumptionDemised Premises or the Shopping Center. Tenant shall be liable for any damage caused to the Demised Premises or the Shopping Center arising as a result of or during the construction of such alterations and improvements. Tenant shall not install or affix any sign, device, fixture or attachment on or to the exterior of the Demised Premises, or the building containing the Demised Premises, including the roof or the canopy, nor place any improvement, sign or advertising device, or obstruction of any type or kind, upon the Common Areas, or upon the exterior Demised Premises, without first obtaining Landlord's written consent, which shall not be unreasonably withheld. All storefront signs shall be individually illuminated channel letters (exposed raceways not permitted), and shall also be in compliance with municipal sign ordinances and plans approved in advance by Landlord, which approval shall not be unreasonably withheld. Landlord hereby approves Tenant's signage plans attached hereto as Exhibit I. Tenant shall have the right to erect a highway pylon sign at a location in the Shopping Center shown on Exhibit G provided that such sign shall be in compliance with municipal sign ordinances and plans approved in advance by Landlord, and Landlord agrees to cooperate with Tenant in connection with Tenant's application for any permits necessary in connection with the erection of such sign. Tenant shall use its best efforts to erect such sign outside of the parking field of the Shopping Center. Notwithstanding the foregoing, in the event that Tenant cannot locate its pylon sign outside of the parking field of the Shopping Center due to any applicable right-of-way restrictions, Landlord agrees that Tenant shall have the right to erect its pylon sign in the parking field at a location to be agreed upon by Landlord and operate all utilitiesTenant. In addition, whether or not furnished Tenant shall have the right to install, at its expense, a sign panel on the Shopping Center pylon in the location previously occupied by the Authority, so as to comply Roses sign panel provided that such sign panel shall be in compliance with all applicable lawsmunicipal sign ordinances and plans approved in advance by Landlord. Tenant also shall have the right, regulations or guidelines at its expense, to increase the height of the Shopping Center pylon provided that (i) any governmental entity regulating utilities or fuels. E. Tenantadjustments that Tenant makes to the height of such pylon shall be in compliance with municipal sign ordinances, or any restrictions affecting the Shopping Center and plans approved in advance by Landlord, (ii) the tenants of the Major Stores (as hereinafter defined) do not object to any such adjustments, and (iii) Tenant makes any such adjustments at a time and in a manner that is reasonably satisfactory to Landlord. If Tenant shall do any of the household membersforegoing acts in contravention of this provision, are prohibited without limiting any other remedy Landlord may have therefor under this Lease, in law or in equity, Landlord shall have the right to remove any sign, device, fixture or attachment, and restore the Demised Premises and/or the Common Areas to the condition thereof prior to such act; and the cost of such removal and restoration shall be paid by Tenant to Landlord within ten (10) days after demand therefor. If requested by Landlord, Tenant agrees to remove any and all signs, awnings, canopies, fixtures, alterations, installations, additions and/or improvements from entering the Demised Premises upon the Development for any reason if expiration of the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodLease Term.

Appears in 1 contract

Samples: Lease Agreement (800 Jr Cigar Inc)

Use of the Premises. A. The dwelling unit Tenant shall be used use (i) the Club portion of the Premises only as for a private residence first class health and fitness club and other ancillary uses typical to a Spectrum Club, (ii) the Office Space portion of the Premises, once the Deck is completed, only for Tenant general office use and Tenant’s household members(iii) the parking and common areas of the Premises only for parking and other common area uses and, except that Tenant and in each such instance, for no other uses without the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do soof Landlord, which Landlord may withhold in its sole discretion. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant In no event shall give prior notice to the Authority of all or any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission part of the Authority made upon written request from Tenant. As Premises be used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, for any of the household members uses set forth on Exhibit "C" attached hereto and any guest incorporated herein by this reference (collectively, "Prohibited Uses"). Once Tenant has completed the applicable construction obligation pursuant to Section 12.3, Tenant shall only use continuously operate the dwelling unit or any other Club portion of the premises Premises as a health and fitness club and the Office Space portion of the Premises for general office use by office subtenants. Tenant has satisfied itself, and represents to Landlord, that use of the Premises for a health and fitness club and general office use, once the Deck is completed, is lawful purposes permitted under and conforms to all applicable zoning and other use restrictions and regulations applicable to the Lease and shall Premises. Tenant shall, at Tenant's expense, comply promptly with all applicable rules statutes, ordinances, rules, regulations, orders, covenants and regulations restrictions of record, and requirements in effect during the term or any part of the Authority term hereof, regulating the use by Tenant of the Premises, including, without limitation, the obligation at Tenant's cost, to alter, maintain, or restore the Premises in compliance and conformity with all applicable federallaws relating to the condition, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenantuse, or any occupancy of the household members, are prohibited from entering upon Premises during the Development for term of this Lease (including any reason if and all requirements as set forth in the Americans with Disabilities Act). Tenant has been evicted through shall not perform any acts or carry on any practices which may injure the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 1 contract

Samples: Lease Agreement (Sports Club Co Inc)

Use of the Premises. A. (a) In the conduct of its business, the Contractor covenants and agrees to restrict its activities on the Premises to only those authorized by this Contract and shall not use or permit the use of the Premises for any other purpose, nor shall it vacate the Premises prior to the termination or expiration of this Contract unless authorized in writing in advance by the Airports Authority. (b) The dwelling unit Contractor shall be used only as a private residence use the Premises solely for Tenant and Tenant’s household members, except that Tenant the rental of passenger motor vehicles to the public and the household members may request an exception for certain related provision of gasoline, loss and collision damage waiver protection, insurance (including but not limited incidental activities on a case by case basis in to personal injury insurance), children's car seats, mobile telephones, navigation systems and such other services, items and equipment reasonably associated with the dwelling unit if the Authority has given prior written consent to do sorental of passenger motor vehicles. All exceptions will Any additional uses require prior written approval and, if of the activity will continue in the following year, a new exception request will need to be submitted for approvalAirports Authority. B. Tenant shall give prior notice (c) The Contractor may rent to the Authority public any type of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisespassenger motor vehicle, including vans, sport utility vehicles, pickup trucks, and station wagons. The terms "passenger motor vehicle,” “automobile” or “car” shall not include other types of trucks, motorcycles, and large special purpose vehicles. (d) Except for its corporate signs approved in advance by the dwelling unitAirports Authority and except as otherwise authorized by the Airports Authority in writing, for more the Contractor shall not display nor shall it permit others to display any signs, brochures, racks, promotional materials or similar items on telephone boards or elsewhere within the Main Terminal. (e) The Contractor shall not conduct used car sales activities on the Airport. Any business activities other than a total of fourteen (14) days in a twelve (12) month period, except with those expressly granted by this Contract shall not be conducted on the express Airport without the prior written permission approval of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household membersAirports Authority. C. Tenant, (f) The Contractor shall not conduct any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use activity not use the utilities furnished specifically authorized by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenantthis Article 3, or any activity which in the sole judgment of the household membersAirports Authority, are prohibited from entering upon conflicts with the Development for any reason if rights granted by the Tenant has been evicted through the judicial process; (2) the Tenant is issued Airports Authority to other non-rental car concessionaires, or would not relate to an eviction notice, appeals the eviction Airport purpose or product or service related to the hearing office rental of automobiles. (g) The Premises shall not be used for the long-term storage of disabled, damaged, destroyed, or inoperable vehicles. The Contractor shall promptly remove all damaged, destroyed, or inoperable vehicles and shuttle buses from the Premises and the hearing officer upholds Airport, unless such vehicles are required to be held by the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodContractor pending completion of an accident investigation or legal proceeding.

Appears in 1 contract

Samples: Rental Car Concession Contract

Use of the Premises. A. The dwelling unit 10.1. RPTA shall be used only as a private residence use the Premises solely for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis purpose of carrying out bus operations set forth in the dwelling unit if RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Authority has given Premises for any use other than that specified in this section without the prior written consent of Tempe. RPTA agrees to do so. All exceptions will require prior written approval and, if preserve the activity will continue in Premises and to conduct the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days Activities in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with manner that meets all applicable rules and regulations of the Authority and with all applicable federal, state and local statutes, codes, ordinances rules and regulations applicable to the Tenant Activities and EVBOM (“applicable laws. D. Tenant, ”) relating to the household members Premises and any guests, shall use not use to the utilities furnished by operations contemplated in the Authority so as to waste the utilities through excess utility consumption, Tenant Activities and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws now or hereafter enacted concerning the Premises, the use of the Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to comply with the applicable laws. RPTA shall not commit or suffer to be committed, regulations any waste upon the Premises, or guidelines allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any governmental entity regulating utilities part of the Premises except in trash containers designated for that purpose. Any uses which involve the serving and or fuelssale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant Activities on the Premises. E. Tenant10.2. RPTA shall require all subtenants, or any licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. 10.3. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the household membershiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, are prohibited from entering upon credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 1 contract

Samples: Joint Use and Lease Agreement

Use of the Premises. A. The dwelling unit (a) Tenant shall be used use the Premises only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in purpose of conducting the following yearbusiness: General office for trade show management. If such use is prevented by any law or governmental regulation, a new exception request will need to be submitted Tenant may use the Premises for approvalother reasonable uses. B. (b) In connection with its use, Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to its expense comply with all applicable laws, ordinances, and regulations or guidelines of any governmental entity regulating utilities public authority, including those requiring alteration of the Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or fuelsnoise to be emitted from the Premises; shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises; and shall not overload the floors or electrical circuits of the Premises. Landlord shall have the right to approve the installation of any power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or architect whose opinion will control regarding floor loads. Allowable ground floor load shall be 300 pounds per square foot. E. Tenant(c) Tenant may erect a sign stating its name, business, and product after first securing Landlord's written approval of the size, color, design, wording, and location, and all necessary governmental approvals. No signs shall be painted on the Building or exceed the height of the Building. All signs installed by Tenant shall be removed upon termination of this lease with the sign location restored to its former state. (d) Tenant shall make no alterations, additions, or any improvements to the Premises or change the color of the household membersexterior without Landlord's prior written consent and without a valid building permit issued by the appropriate governmental agency. Upon termination of this lease, are prohibited from entering upon any such alterations, additions, or improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) shall at once become part of the Development for any reason if realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations, or improvements be removed. In such case, Tenant has been evicted through shall at its sole cost and expense promptly remove the judicial process; (2) specified additions, alterations, or improvements and repair and restore the Tenant is issued an eviction notice, appeals the eviction Premises to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodits original condition.

Appears in 1 contract

Samples: Assignment and Modification of Lease (Agritope Inc)

Use of the Premises. A. The dwelling unit a. RPTA shall be used only as a private residence use the Premises solely for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis purpose of carrying out bus operations set forth in the dwelling unit if RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Authority has given Premises for any use other than that specified in this section without the prior written consent of Tempe. RPTA agrees to do so. All exceptions will require prior written approval and, if preserve the activity will continue in Premises and to conduct the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days Activities in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with manner that meets all applicable rules and regulations of the Authority and with all applicable federal, state and local statutes, codes, ordinances rules and regulations applicable to the Tenant Activities and EVBOM (“applicable laws. D. Tenant, ”) relating to the household members Premises and any guests, shall use not use to the utilities furnished by operations contemplated in the Authority so as to waste the utilities through excess utility consumption, Tenant Activities and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws now or hereafter enacted concerning the Premises, the use of the Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for any purpose or use in violation of the laws or ordinances applicable thereto. RPTA shall indemnify, defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or liability arising out of failure of RPTA to comply with the applicable laws. RPTA shall not commit or suffer to be committed, regulations any waste upon the Premises, or guidelines allow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any governmental entity regulating utilities part of the Premises except in trash containers designated for that purpose. Any uses which involve the serving and or fuelssale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant Activities on the Premises. E. Tenantb. RPTA shall require all subtenants, or any licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. c. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the household membershiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, are prohibited from entering upon credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 1 contract

Samples: Transit Services Agreement

Use of the Premises. A. The dwelling unit shall be used only as a private residence for Tenant and TenantXxxxxx’s household members, except that Tenant Xxxxxx and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility con consumption, and shall also use and operate all utilities, whether or not furni furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any of the household members, are prohibited from entering upon the Development development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Public Housing Lease Agreement

Use of the Premises. A. (A) The dwelling unit Premises shall be used only as a private residence for Tenant office, manufacturing, distribution, warehousing, research and Tenant’s household memberslaboratory purposes (“Contemplated Uses”), except that Tenant and for any other lawful use compatible with the neighborhood and the household members may request an exception for certain limited incidental activities on a case buildings (by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need way of example call centers and retail centers are not deemed to be submitted for approvala compatible use. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission In its use of the Authority made upon written request from Tenant. As used in the LeasePremises, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules statutes, ordinances and regulations applicable to the use thereof, including, without limiting the generality of the Authority foregoing, the Zoning Ordinance of the Town of Marlborough, Massachusetts, as now in effect or as hereafter amended; provided, however, that none of the foregoing limit the Permitted Use or the manner or hours of operation of the Premises for the Permitted Use. In addition, if the applicable codes require or if the insurance underwriters suggest that Tenant’s use suggests or requires any additional safety sprinklers or safety appliances be installed, Tenant shall furnish such items at its sole cost and with all applicable federal, state and local lawsexpense. D. Tenant(B) Tenant shall not injure or deface, or commit waste with respect to the household members and any guestsPremises, shall use not nor occupy or use the utilities furnished by the Authority so Premises in such manner as to waste the utilities through excess utility consumptionconstitute a nuisance of any kind, and shall also use and operate all utilities, whether nor for any purpose nor in any manner in violation of any present or not furnished by the Authority, so as to comply with all applicable future laws, rules, requirements, orders, directions, ordinances or regulations or guidelines of any governmental entity regulating utilities or fuelslawful authority including Boards of Fire Underwriters, Tenant shall, immediately upon the discovery of any unlawful, illegal or disreputable use, take all necessary steps to discontinue such use. Without limiting the foregoing, Tenant acknowledges that the operation or storage of motor vehicles within the Premises is prohibited. Tenant shall pay all extra insurance premiums, which may be caused by the use that Tenant may make of the Premises. E. (C) Tenant shall procure all licenses or permits required by any use of the Premises by Tenant. Landlord shall cooperate with Tenant (at no cost to Landlord), in such manner as Tenant may reasonably request, in its attempts to obtain such licenses and permits. (D) Tenant’s use of any access roads, parking areas and loading areas on the Property shall be subject to any reasonable, non-discriminatory rules or regulations that may be established from time to time by Landlord. In the event of any conflict between the Lease and such rules and regulations, the provisions of the Lease shall control. Notwithstanding the foregoing, if Tenant leases the ROFO Space, this Section 19(D) shall be void and without further force or effect. (E) Tenant shall not permit any employee or servant of Tenant to violate the covenants or obligations of Tenant hereunder, and Tenant shall use reasonable efforts to prevent any invitee of Tenant from violating any Tenant’s covenants and obligations under this Lease. (F) During the term of the Lease or any Extension Term, the Landlord agrees that it will not lease any space in the building to any business entity or activity which is directly competitive with any products or services currently being distributed or sold by Cytyc. Any entity or person which develops, manufactures or sells medical devices or medical diagnostic services or devices shall be considered to be “directly competitive” for the purposes of the household membersthis Section 19(F). These companies currently include, but are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction noticenot limited to, appeals the eviction to the hearing office Quest Diagnostics Cervical Cancer Division, Laboratory Corporation of America Cervical Cancer Diagnostics Division, TriPath Imagin, Inc., Digene Corporation, Monogen Corporation, Conceptus, Zoft, and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodcompeting divisions of Xxxxxxx & Xxxxxxx and Boston Scientific.

Appears in 1 contract

Samples: Lease Agreement (Hologic Inc)

Use of the Premises. A. 4.1 The dwelling unit Premises shall be used only as a private residence by the Tenant solely for Tenant the purpose provided for in Article One above, and Tenant’s household members, except that Tenant and for no other use or purpose without the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent of Landlord. 4.2 Tenant further covenants and agrees that its use and occupancy of the Premises shall strictly comply with and not involve any violation of any federal, state or municipal statute, rule, ordinance or zoning law or any regulation, rule or directive of any governmental or regulatory agency as may now exist or may hereafter exist concerning the use, operation or safety of the Premises. In addition, Tenant covenants and agrees to do sooperate the Premises in conformance with the Rules and Regulations which are attached to this Agreement as Exhibit "F", and made a part hereof. All exceptions Tenant shall not use the Premises or the building in which the Premises are contained for any purpose that will require prior written approval increase the insurance rate or risk of the building above that which is customary and normal for the uses set forth above and, if in such event, Landlord, as an additional remedy for the activity will continue violation of this provision, may elect to recover, as "Additional Rental" (defined below), the total cost of such increase from Tenant, without contribution of other tenants of the Business Park. (See Article 8. 4.3 All damages to the Premises, the Common Areas or the building in which the following yearPremises are contained, a new exception request will need caused by Tenant's negligence, shall be repaired at Tenant's expense. Tenant shall not commit waste or allow waste to be submitted committed on the Premises or the Common Areas. Tenant shall not perform any acts or carry on any practices which will constitute a nuisance or menace, or be offensive, to the other tenants or occupants or to the general public. Tenant shall keep the Premises, its use of the Common Areas and all its improvements in sound condition, in good repair and safe for approvalthe incidental use of its business invitees. B. 4.4 Tenant shall give prior notice not make or permit any noise or odor that is objectionable to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisespublic, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission to other tenants of the Authority made upon written request Business Park or to Landlord to emanate from Tenantthe Premises and shall not create or maintain a nuisance thereon. As used in Tenant shall not disturb, solicit or canvas the Lease, “guest” means a person present in users of the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with Common Areas without the consent of Landlord and shall not do any act tending to injure the Tenant or one reputation of the household membersLandlord or the Business Park. C. Tenant4.5 Lessee shall not place or permit any radio antenna, any of the household members and any guest shall only use the dwelling unit loud speakers, sound amplifiers or any other portion thing or item on the exterior of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations roof or outside of the Authority and with all applicable federal, state and local lawsbuilding or the Premises. D. Tenant4.6 Lessee shall not obstruct, the household members and any guests, shall use not encumber or use the utilities furnished parking areas, sidewalks, entrances, passages, vestibules, stairways, corridors and halls for any purpose other than ingress or egress to and from the Premises and for parking only in the delegated areas for such use. 5.1 The total agreed rental (the "Rental") for the term of this Lease is the sum of: (i) the "Minimum Rental" (defined below) and (ii) the "Additional Rental" (defined below). (a) The Minimum Rental for the lease term shall be in the amount provided in Article One. In the event the first day of the lease term shall not be the first day of a calendar month, then the rental for the first month of the term shall be prorated on a daily basis. (b) Tenant shall pay the Minimum Rental, in advance, in equal monthly installments as provided in Article One. (c) An amount equal to the first installment of Minimum Rental payment shall be paid by Tenant upon the Authority so as execution of this Lease. Tenant will receive, on any prorated minimum rent due and for the first full month's minimum rent due a credit in an amount equal to waste this installment. Any minimum rental for the utilities through excess utility consumptionfirst full month under this Lease for which minimum rental is payable, after the application of the above described credit, will be due on or before the first day of the month to which it is applicable. other installments of the minimum rental payment shall be due on or before the first day of the month to which it is applicable and the rental obligation of Tenant shall be deemed delinquent if any given monthly installment is not received by Landlord on or before the fifth day of the month in which it is due. Any Additional Rental or Rental Adjustments which are not paid within five (5) days of when they are due shall be deemed delinquent. All rentals shall be paid by Tenant without any right of offset or deductions therefrom for any purpose. All rent is, and shall also use and operate all utilitiesbe, whether payable in legal tender at Landlord's address as set forth herein for notice or not furnished at such other address as Tenant may be directed from time to time by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuelsnotice from Landlord. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Business Park Lease (Industrial Data Systems Corp)

Use of the Premises. A. The dwelling unit Tenant shall have the right to use the Premises for any lawfully permitted use, provided that Landlord acknowledges that Tenant contemplates using the Premises for research, development and production laboratories and facilities related to biotechnology, plant genetics, agricultural products, plant material, germplasm, seedlings and administrative office space, provided that, subject to Landlord’s obligations under the Work Letter, Tenant shall be responsible for obtaining and maintaining any and all permits and approvals required for the particular operation of Tenant’s business on the Premises. Tenant acknowledges such contemplated use and is satisfied as to its ability to such use based upon its prior investigation of the statutes, permits and regulations affecting such. Tenant covenants and agrees not to occupy or use or permit the Premises to be occupied or used only contrary to any statutes, rules, order, ordinance, requirement or regulation applicable thereto, and the use must comply with reciprocal easement agreements, covenants and the other Permitted Encumbrances (as defined in Section 47). Landlord shall not enter into any reciprocal easement agreements, covenants or any restrictions which may restrict the use of the Premises and any Tenant Improvements without Tenant’s prior consent, not to be unreasonably withheld. Landlord has provided to Tenant prior to execution of this Lease and Tenant has approved all existing Permitted Encumbrances. Tenant acknowledges that the Premises constitute a portion of the Pine Hill Commerce Park, and are subject to the Declaration of Protective Covenants, Conditions and Restrictions for Pine Hill Commerce Park (together with the By-Laws and Architectural Standards, the “CCR’s”), a draft copy of which, dated July 1, 2010, have been previously provided to Tenant. Tenant shall pay to Landlord as additional rent, within thirty (30) days after invoice from Landlord, accompanied by copies of the billing from the Board of Directors of the Association under the CCR’s, all Assessments required to be paid by any Owner under the CCR’s, excluding any fees, fines and penalties arising as a private residence for Tenant and result of Landlord’s breach of its obligations as Owner of the Land under the CCR’s. Landlord shall not approve any amendments or modifications to such draft CCR’s that would materially adversely affect Tenant’s household membersuse of the Premises for the normal conduct of its business. Before taking any action under the CCR’s in its capacity as Owner of the Premises under the CCR’s that would impact or affect Tenant’s rights and obligations under this Lease or its use of the Premises, except that Tenant and Landlord shall obtain the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval andof Tenant and any mortgagee of Landlord, if the activity will continue in the following year, a new exception request will need not to be submitted for approvalunreasonably withheld. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Build to Suit and Lease Agreement (ArborGen Inc.)

Use of the Premises. A. The dwelling unit (a) Tenant shall be used use the Premises only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in purpose of conducting the following yearbusiness: General office, a new exception request will need to be submitted production and warehousing. If such use is prevented by any law or governmental regulation, Tenant may use the Premises for approvalother reasonable uses. B. (b) In connection with its use, Tenant shall give prior notice to the Authority of any guest staying overnight shall, at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisesits expense, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, ordinances, and regulations or guidelines of any governmental entity regulating utilities public authority, including those requiring alteration of the Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or fuelsnoise to be emitted from the Premises; shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises; and shall not overload the floors or electrical circuits of the Premises. Landlord shall have the right to approve the installation of any power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or architect whose opinion will control regarding floor loads. Allowable ground floor load shall be 300 pounds per square foot. E. Tenant(c) Tenant may erect a 24-inch, non-illuminated, rigid foam, plexiglass-faced, individual letter sign stating its name, business, and product after first securing Landlord's written approval of the color, design, wording, and location, and all necessary governmental approvals. No signs shall be painted on the Building or exceed the height of the Building. All signs installed by Tenant shall be removed upon termination of this lease with the sign location restored to its former state. (d) Tenant shall make no alterations, additions, or any improvements to the Premises or change the color of the household membersexterior without Landlord's prior written consent and without a valid building permit issued by the appropriate governmental agency. Upon termination of this lease, any such alterations, additions, or improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations, or improvements be removed. In such case, Tenant shall at its sole cost and expense promptly remove the specified additions, alterations, or improvements and repair and restore the Premises to its original condition. (e) Tenant shall, at its expense, comply with all applicable provisions of Title I of the Americans with Disabilities Act of 1990 ("the Act") related to its specific use of the Premises, and Landlord shall have no responsibility for compliance with the provisions of Title I of the Act. Landlord shall, at its expense, cause the Building to comply with, during the terms of this lease and any extensions thereof, applicable provisions of Title III of the Americans with Disabilities Act of 1990 which relate to architectural barriers and communication barriers which are prohibited from entering upon structural in nature so long as such compliance is readily achievable, as the Development for any reason if term readily achievable is defined in the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodAct.

Appears in 1 contract

Samples: Lease Amendment (Thrustmaster Inc)

Use of the Premises. A. The dwelling unit Lessee shall be used only as a private residence use the Premises for Tenant any use permitted by law including applicable zoning provisions (the “Permitted Use”). Such Permitted Use may include, but is not limited to, medical and Tenant’s household membersnon-medical research and development, except that Tenant manufacturing, sales, warehousing and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent related office use, and mixing, examination, manufacturing, development and/or research of chemicals and/or biological materials. Lessee further agrees to do so. All exceptions will require prior written approval and, if the activity will continue in conform to the following yearprovisions during the entire term of this Lease: (a) Lessee will not place on the exterior of exterior walls (including both interior and exterior surfaces of windows and doors) or on any part of the Building outside the Premises, any signs, symbols, advertisement or the like visible to public view outside of the Premises without the prior consent of Lessor, which consent shall not be unreasonably withheld. Without limitations, lettering on windows is expressly prohibited. Notwithstanding the preceding provisions, but subject to Town of Danvers zoning and other applicable regulations, it is understood and agreed that the Lessee has the Lessor’s permission, at Lessee’s expense, (a) to attach an ABIOMED sign to the face of the Premises of at least the same size as is presently attached to 00 Xxxxxx Xxxx Xxxxx, (x) to install a new exception request will need flag pole, and (c) to install additional exterior building and monument signage from time to time through the term of this Lease. (b) The Lessee, at its expense, shall comply with all rules, ordinances, orders, regulations and requirements of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions and governing insurance rating bureaus; and shall not do or permit anything to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations done in or upon the premisesPremises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month periodor bring or keep anything therein, except with the express written permission as now or hereafter permitted by any governmental authority, Board of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit Fire Underwriters or any other portion similar body having jurisdiction, or insurance rating bureau; and shall keep the Premises equipped with all safety appliances or equipment required by any governmental authority, Board of Fire Underwriters or other similar body or governing insurance rating bureau by reason of the premises for lawful purposes permitted under Lessee’s particular use of the Lease Premises or the location of partitions, trade fixtures or other contents of the Premises; and shall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use of the Premises; (c) The Lessee, at its expense, shall comply with all rules, ordinances, orders, permit conditions and regulations of governmental authorities now or hereafter in force and with any lawful direction of any public officer, in each case to the extent the same are applicable to the Premises or the use and maintenance thereof. If the Lessee receives notice of any violation of law, ordinance, order, permit conditions or regulation applicable to the Premises or the use and maintenance thereof, it shall give prompt written notice thereof to the Lessor. Additionally, the Lessee shall comply with any reasonable rules and regulations imposed by the Lessor, provided that such rules and regulations do not materially interfere with Lessee’s use of the Authority Premises, Building or Land as of this date and with all applicable federal, state and local laws. D. Tenant, the household members and do not materially change any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any term of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodLease.

Appears in 1 contract

Samples: Lease Agreement (Abiomed Inc)

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Use of the Premises. A. The dwelling unit 9.1. RPTA shall be used only as a private residence use the Premises solely for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis purpose of carrying out bus operations set forth in the dwelling unit if RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S. RPTA shall not use the Authority has given Premises for any use other than that specified in this section without the prior written consent of Tempe. RPTA agrees to do so. All exceptions will require prior written approval and, if preserve the activity will continue in Premises and to conduct the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days Activities in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with manner that meets all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenantstatutes, codes, ordinances rules and regulations applicable to the household members Tenant Activities and any guests, shall use not use EVBOM (“Applicable Laws”) relating to the utilities furnished by Premises and to the Authority so as to waste operations contemplated in the utilities through excess utility consumption, Tenant Activities and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all Applicable Laws now or hereafter enacted concerning the Premises, the use of the Premises and the Tenant Activities. The execution of this Agreement is subject to RPTA obtaining any and all permits or approvals which may be required in order for RPTA to operate the Tenant Activities on the Premises. RPTA shall not use or permit the Premises to be used in whole or in part during the Term of this Agreement for any purpose or use in violation of the laws or ordinances applicable lawsthereto. RPTA shall indemnify, regulations defend and hold Tempe harmless against any loss, expense, damage, attorneys’ fees or guidelines liability arising out of failure of RPTA to comply with the Applicable Laws. RPTA shall not commit or suffer to be committed, any governmental entity regulating utilities waste upon the Premises, or fuelsallow any sale by auction upon the Premises, or allow the Premises to be used for any unlawful purpose, or place any loads upon the floor, walls or ceiling which endanger the structure, or place any harmful liquids in the plumbing, sewer or storm water drainage system of the Premises. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises except in trash containers designated for that purpose. Any uses which involve the serving and or sale of alcoholic beverages and the conducting of games of chance are prohibited on the Premises. RPTA shall comply with Tempe’s policy and state law prohibiting the use of tobacco products on the Premises at all times. RPTA shall comply with Tempe’s policy and state law prohibiting weapons and firearms on the Premises. RPTA agrees to immediately respond to concerns expressed by neighbors or Tempe relating to the Tenant Activities on the Premises. E. Tenant9.2. RPTA shall require all subtenants, or any licensees, and invitees, to use the Premises only in conformance with the Permitted Use and with all Applicable Laws. 9.3. RPTA represents that it is qualified to administer and operate the services set forth in the RPTA/City of Tempe Fixed Route Bus Operations and Maintenance Service Unification, Contract Number 1210018-S, including the household membershiring of all contractors and employees. RPTA shall be responsible for verifying the qualifications, are prohibited from entering upon credentials, certificates, and licenses of its staff, agents, consultants, contractors and/or subcontractors who may provide services in conjunction with RPTA’s activities on the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 1 contract

Samples: Joint Use and Lease Agreement

Use of the Premises. A. The dwelling unit (a) Tenant shall be used use the Premises only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in purpose of conducting the following yearbusiness: General office, a new exception request will need to be submitted production and warehousing. If such use is prevented by any law or governmental regulation, Tenant may use the Premises for approvalother reasonable uses. B. (b) In connection with its use, Tenant shall give prior notice to the Authority of any guest staying overnight shall, at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisesits expense, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, ordinances, and regulations or guidelines of any governmental entity regulating utilities public authority, including those requiring alteration of the Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or fuelsnoise to be emitted from the Premises; shall store no gasoline or other highly combustible materials on the Premises which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises; and shall not overload the floors or electrical circuits of the Premises. Landlord shall have the right to approve the installation of any power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical circuits and a qualified engineer or architect whose opinion will control regarding floor loads. Allowable ground floor load shall be 300 pounds per square foot. E. Tenant(c) Tenant may erect a 24-inch, non-illuminated, rigid foam, plexiglass-faced, individual letter sign stating its name, business, and product after first securing Landlord's written approval of the color, design, wording, and location, and all necessary governmental approvals. No signs shall be painted on the Building or exceed the height of the Building. All signs installed by Tenant shall be removed upon termination of this lease with the sign location restored to its former state. (d) Tenant shall make no alterations, additions, or any improvements to the Premises or change the color of the household membersexterior without Landlord's prior written consent and without a valid building permit issued by the appropriate governmental agency. Upon termination of this lease, any such alterations, additions, or improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations, or improvements be removed. In such case, Tenant shall at its sole cost and expense promptly remove the specified additions, alterations, or improvements and repair and restore the Premises to its original condition. (e) Tenant shall, at its expense, comply with all applicable provisions of Title I of the Americans with Disabilities Act of 1990 ("the Act") related to its specific use of the Premises, and Landlord shall have no responsibility for compliance with the provisions of Title I of the Act. Landlord shall, at its expense, cause the Building to comply with, during the term of this lease and any extensions thereof, applicable provisions of Title III of the Americans with Disabilities Act of 1990 which relate to architectural barriers and communication barriers which are prohibited from entering upon structural in nature so long as such compliance is readily achievable, as the Development for any reason if term readily achievable is defined in the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodAct.

Appears in 1 contract

Samples: Lease Amendment (Thrustmaster Inc)

Use of the Premises. A. The dwelling unit shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do soCondition of Premises 7.01. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to at all times keep the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, Premises (including the dwelling unit, for more than a total of fourteen (14interior and exterior surfaces) days in a twelve (12) month periodclean, except with the express written permission of the Authority made upon written request from Tenantsafe, sanitary, and orderly condition. As used in the Lease, “guest” means a person present in the dwelling unit Prohibited Actions 7.02. Tenant shall not do or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, permit any of the household members and following on the Premises: (a) Commission of waste. (b) Conduction of any guest shall only auction or other sale that would indicate that Tenant is going out of business, is bankrupt or has lost Tenant's lease. (c) Placement of any pay telephones, vending machines (except exclusively for use the dwelling unit by Tenant's employees), or any video or other portion amusement games. (d) Use of the premises Common Areas for lawful purposes permitted under any business purpose. (e) The making of any noise or sounds that carry through the Lease boundaries of the Premises in any manner. (f) Any unlawful conduct. (g) Storage or use of any hazardous substances or materials. Compliance with Laws 7.03. At Tenant's sole expense, Tenant shall comply with all governmental laws, rules, regulations, orders, and ordinances relating to the Premises and to the use and occupancy of the Premises, including any requiring a capital expenditure for or capital improvement to the Premises. Tenant shall also maintain and keep in force all licenses and permits required by governmental authorities and shall comply with all applicable rules requirements, recommendations, and regulations of Landlord's and Tenant's insurance companies. Assignment and Subletting 7.04. Tenant shall not, without the Authority and with all applicable federalprior written consent of Landlord (which consent will not be unreasonably withheld) assign, state and local laws. D. Tenantsell, mortgage, or in any other manner transfer this Lease or any interest of Tenant in this Lease or sublet the household members and whole or any guestspart of the Premises or permit the Premises or any part of the Premises to be used or occupied by others. Landlord's consent to one such transaction shall not constitute a consent to any subsequent transaction nor relieve Tenant from obtaining written consent to any future transaction. No such transaction, whether consented to by Landlord or not, shall use not use relieve Tenant from any obligation under this Lease. Landlord may, without waiving Landlord's rights hereunder, accept rent from any occupant of the utilities furnished Premises. The prohibition of transfer under this Lease include any transfer that occurs by the Authority so as to waste the utilities through excess utility consumptionoperation of law, and shall also use and operate all utilitieslegal process, receivership, bankruptcy, or otherwise, whether voluntary or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuelsinvoluntary. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Lease (Mission Bancorp)

Use of the Premises. A. The dwelling unit 1. Lessee acknowledges and covenants that the Premises shall be used only as a private residence exclusively for Tenant and Tenant’s household membersresidential purposes, except that Tenant Home Occupations shall be permitted subject to the following conditions: (a) no more than one (1) employee who does not reside in the building or structure; (b) no more than one (1) commercial vehicle shall be parked on or in front of the property; and the household members (c) no external display or sale of goods shall be permitted. 2. The Premises may request an exception for certain limited incidental activities be occupied on a case by case basis year-round basis, provided that the Lessee shall ensure that the Premises are supplied with a potable source of water during the portion of the year that the Town does not provide public water supply and provided further that the Lessee has or obtains a written certification from the Town of Essex Board of Health that the Premises comply with the laws, regulations and standards governing dwellings for human habitation in the dwelling unit if Town of Essex. The authority to use the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following Premises on a year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice -round basis is granted to the Authority of undersigned Lessee(s) only and such year-round privilege is non-transferable under any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisescircumstance, including the dwelling unitdeath of the undersigned Lessee(s). Such year-round privilege shall be extinguished if this Bridge Lease is assigned to any third-party, including but not limited-to family members. Such year-round privilege shall not be extinguished in the event that the Lessee sublets the Premises in accordance with Article VIII hereof. [THIS SECTION VARIES DEPENDING ON WHETHER YEAR-ROUND IN SINGLE-FAMILY DISTRICT (SHOWN ABOVE), YEAR-ROUND OUTSIDE OF DISTRICT, OR SEASONAL-ONLY] 3. If the year-round privilege is extinguished for more than a total any reason, the Premises shall be occupied only during the period of fourteen time that public water supply is available to the Premises, which the parties acknowledge is generally April 15 through October 15 of any calendar year in which this Bridge Lease, including any extensions thereof, is in effect. The parties further acknowledge that the Premises may be occupied for any such longer or shorter period of time that the Town of Essex Department of Public Works (14“D.P.W.”) days determines that water will be provided to the Premises, as set forth in a twelve (12) month periodSection 2 of Article VII of this Bridge Lease. Any occupancy of the Premises beyond the dates set forth herein shall be considered an act of default by the Lessee subject to the remedies set forth in Article XI hereof. 4. Neither the Lessee nor his/her family, except friends, relatives, invitees, visitors, agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the Premises, nor commit or permit any nuisance to exist thereon, nor create any substantial interference with the express written permission rights, comfort, safety or enjoyment of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent occupants of the Tenant or one of the household membersConomo Point and vicinity. C. Tenant5. Lessee agrees to comply with such relocation and adjustment of lot lines as may be determined by the Conomo Point Commissioners and/or the Essex Town Meeting, and with such reasonable regulations as may from time to time be made by the Conomo Point Commissioners concerning the planting of trees and shrubs and the maintenance of gardens on the Premises. 6. In the event that there is any of the household members and fence or other structure or any guest shall only use the dwelling unit septic system or drainage arrangement or any other portion condition upon the Premises that the Conomo Point Commissioners, after a hearing, deem to interfere with the enjoyment and use of an adjoining lot, the Lessee agrees to forthwith remove the same upon written order of the premises for lawful purposes permitted under Conomo Point Commissioners or to make such changes or alterations as may be ordered by the Conomo Point Commissioners. 7. Lessee shall keep the Premises in a clean condition. Lessee shall not permit the Premises to be overloaded, damaged, stripped or defaced, nor suffer any waste of the Premises. 8. Except as otherwise provided herein, Lessee shall be solely responsible, throughout the Term of this Bridge Lease and shall comply with all applicable rules and regulations so long thereafter as Lessee is in occupancy of the Authority Premises, for maintaining the Premises in good order and with all applicable federalcondition, state at its sole cost and local lawsexpense. If Lessee shall fail to keep the Premises in the condition required herein, or if repairs are required to be made by Lessee pursuant to the terms hereof, within thirty (30) days after notice by Lessor (or without notice in any emergency, immediately threatening life or property), Lessor shall have the right (but shall not be obligated) to make such repairs or perform maintenance work or any other work required of Lessee pursuant to this Bridge Lease and charge the reasonable cost thereof to Lessee as additional rent. D. Tenant, 9. The Lessee agrees to permit the household members Lessor to enter upon and any guests, shall use not use to view the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether Premises at such reasonable times upon reasonable notice or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines in case of any governmental entity regulating utilities or fuelsemergency. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Bridge Lease

Use of the Premises. A. The dwelling unit Premises shall be used only and occupied by the TENANT and the TENANT'S immediate family, consisting of people, exclusively, and no part of the Premises shall be used at any time during the term of this Agreement by the TENANT for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residence for Tenant residential dwelling. The TENANT shall not allow any other person, other than TENANT'S immediate family or transient relatives and Tenant’s household membersfriends who are guests of the TENANT, except that Tenant to use or occupy the Premises without first obtaining the LANDLORD's written consent to such use. The TENANT shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi- governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. Any additions to the household members may request an exception for certain limited incidental activities named on a case by case basis this Lease, including live-in aides and xxxxxx children, but excluding natural births, require the dwelling unit advance written approval of the LANDLORD. Such approval will be granted only if the Authority has given prior written consent new family members pass the LANDLORD's screening criteria and a unit of the appropriate size is available. Permission to do soadd live-in aides and xxxxxx children shall not be unreasonably refused. All exceptions will require prior written approval andThe TENANT agrees not to have the same overnight guest for more than l0consecutive nights, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for no more than a total of fourteen (14) days in nights per year. The TENANT shall not keep on the Premises any item of a twelve (12) month perioddangerous, except with flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. Pets: Pets are not allowed at the Premises without the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant LANDLORD. No animal that is undomesticated or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable that is considered illegal according to federal, state or local law will be tolerated at the Premises. The TENANT shall be responsible for any possible damage caused by an authorized or unauthorized pet, including but not limited to: damage to house (and local laws. D. Tenantyard) caused by urination/defecation, pests brought into the household members and any guests, shall use not use the utilities furnished property on or by the Authority so as animal, damage to waste the utilities through excess utility consumptionhouse, and shall also use and operate all utilitiesyard or third parties caused by actions of the pet (scratching, whether or not furnished by the Authorityclawing, so as to comply with all applicable lawsbiting, regulations or guidelines of any governmental entity regulating utilities or fuelsetc. E. Tenant), or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction claims brought by a third party due to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodanimal.

Appears in 1 contract

Samples: Residential Lease Agreement

Use of the Premises. A. 4.1 The dwelling unit shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to use and occupy the Authority of Premises for any guest staying overnight at Tenantlegal use; provided, however, the Tenant shall not use or occupy the Premises for any purpose that would violate the Landlord’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except Tribal-State Gaming Compact with the express written permission State of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit California or any other portion gaming laws to which the Landlord or the Tenant is subject; and provided, further, that the Tenant shall not use or occupy the Premises for any purpose that would violate the Landlord’s obligations to the Lender pursuant to the Deed of Trust, the Note or the Purchase and Sale Agreement (as amended) pursuant to which the Landlord purchased the Premises from the Lender. 4.2 The Tenant shall not use or occupy the Premises in violation of the premises for lawful purposes permitted under law or in such a manner as to constitute a nuisance. The Tenant shall, upon five (5) business days’ written notice from the Lease and Landlord, immediately discontinue any use of the Premises which is declared, by any governmental authority having jurisdiction, to be a violation of law. 4.3 The Tenant shall at all times comply with all applicable rules and regulations the requirements of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members health and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable safety laws, regulations or guidelines and ordinances, including, (collectively, the “Laws”), to the extent that the Laws apply to the Premises and any activities thereon. 4.4 The Tenant shall use the Easement Area for the purposes described in Section 3 above. 4.5 The Tenant shall be entitled to use all portions of the Premises other than the Easement Area for commercial and agricultural uses, and all profits from the cultivation of any governmental entity regulating utilities crops (including without limitation the vineyards) now or fuels. E. hereafter located on the Premises, during the term of this Lease shall be payable to the Tenant. The Tenant acknowledges that the Premises are subject to the leases described in Exhibit G (the “Existing Leases”). The Tenant’s rights under this Lease are subject and subordinate to the rights of the tenants under the Existing Leases. As a material part of the consideration for the Tenant’s agreement to lease the Premises and make the payments of Rent hereunder, the Landlord hereby assigns to the Tenant all rental payments made by the tenants under the Existing Leases during the term of this Lease. The Tenant agrees that, prior to exercising any rights under the Existing Leases, amending the Existing Leases, entering into any new leases for the Premises, or entering into any of new commercial or agricultural operations on the household membersPremises, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through shall obtain the judicial process; (2) Landlord’s prior written consent, which consent may be given by the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the CityLandlord’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodBoard of Directors.

Appears in 1 contract

Samples: Ground Lease (River Rock Entertainment Authority)

Use of the Premises. A. The dwelling unit shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval. B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.

Appears in 1 contract

Samples: Public Housing Lease Agreement

Use of the Premises. A. (a) Printing Facility Use and Restrictions on Use. The dwelling unit Demised Premises shall be used only as a private residence for Tenant the purpose of office products, office furniture, mail center, data processing or print on demand printing facility and Tenant’s household members, except that Tenant of furnishing services incidental thereto and for no other purpose without the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do soof Lessor first had and obtained which consent shall not be unreasonably withheld. All exceptions Lessee agrees that it will require prior written approval and, if not use or occupy said Premises or permit the activity will continue in the following year, a new exception request will need same to be submitted used or occupied for approval. B. Tenant shall give prior notice any use, purpose or business deemed hazardous or deleterious by Lessor on account of fire or otherwise; that it will not do, use or permit upon or in said Premises anything that will invalidate any policy or policies of insurance now or hereafter carried on said building, or that may be dangerous to life or limb; that it will not in any manner deface or injure said building or any part thereof, or overload the Authority floors of any guest staying overnight at Tenant’s premises the Demised Premises; that it will keep all of the sidewalks abutting the Leased Premises free and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long clear of all obstruction, foreign matter, ice and snow as the guest is not provided accommodations in or upon same may from time to time accumulate; that it will keep all trash and garbage hauled away from the premisesDemised Premises as the same accumulates, including and will keep the dwelling unit, for more than a total of fourteen (14) days Premises in a twelve (12) month periodclean and sanitary condition; that it will not permit any objectionable or loud noises or odor to escape or be emitted from said Premises, except with the express written permission of the Authority made upon written request from Tenant. As used or do or permit anything to be done thereon in the Lease, “guest” means any way tending to create a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members nuisance; and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall that it will comply with all applicable governmental and health laws, ordinances and police and fire department requirements and regulations respecting said Premises and the use of said Premises, now in force or which may hereafter be in force during the term of this lease, including without limiting the generality of the foregoing compliance with the Occupational Safety and Health Act of 1970, as said Act may be amended from time to time, and all standards, rules and regulations promulgated thereunder, now in force or which may hereafter be in force during the term of this lease. Lessor represents to the Lessee that to the best of its knowledge and belief the Leased Premises as constructed and completed will comply with Title III of the Authority and Americans with all applicable federalDisabilities Act of 1990, state and local laws. D. TenantX.X.000-000 ("xxx XXX Xxx"), the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as now in force. The Lessee agrees to comply with the ADA Act as said Act may be amended from time to time, and all applicable lawsstandards, rules and regulations promulgated thereunder, now in force or guidelines which may hereafter be in force during the term of this lease, as the same pertain to both the use of the Premises as well as the condition of the Premises, and indemnify, defend and hold harmless the Lessor for any governmental entity regulating utilities and all loss, cost, claim or fuelsliability of every type and character that the Lessor incurs as a consequence of Lessee's breach of, purported breach of or noncompliance with the ADA Act, Lessee's obligations under this sentence and the following provision of this subparagraph (a) of paragraph 4 as a consequence of the Lessee's occupancy or use of the Premises or the condition of the Premises. Lessee will be responsible to insure that any and all alterations or changes it makes in the Premises or its use in the Premises comply with the ADA Act and will further be responsible for any "path of travel" costs that result from alterations the Lessee makes. Further, the Lessee will not make any change in the use of the Premises so that such change of use will make the Premises a "place of public accommodation" pursuant to the ADA Act. Lessor will not be responsible for any unlawful discrimination by the Lessee nor will the Lessor be responsible for any change in the Premises to accommodate disabled employees of the Lessee, it being understood and agreed that the Lessee is responsible for making all such physical changes in the Premises required to accommodate its disabled employees. If any changes in the Premises are required during the term hereof to be made to comply with the ADA Act, the Lessor will cooperate with Lessee in all its efforts to make the building to so comply. Further, Lessee covenants never to permit the Leased Premises to remain unoccupied and unused for the purposes authorized in this agreement for a period of thirty (30) consecutive days, the Leased Premises being available for such use during the whole of said period. Lessee hereby releases the Lessor from any claims or actions arising out of the Lessee's use of the Premises. E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2b) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodLessee's Responsibility Regarding Hazardous Substances.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Use of the Premises. A. 4.1 The dwelling unit Premises shall be used only as a private residence by the Tenant solely for Tenant the purpose provided for in Article One above, and Tenant’s household members, except that Tenant and for no other use or purpose without the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent of Landlord. 4.2 Tenant further covenants and agrees that its use and occupancy of the Premises shall strictly comply with and not involve any violation of any federal, state or municipal statute, rule, ordinance or zoning law or any regulation, rule or directive of any governmental or regulatory agency as may now exist or may hereafter exist concerning the use, operation or safety of the Premises. In addition, Tenant covenants and agrees to do sooperate the Premises in conformance with the Rules and Regulations which are attached to this Agreement as Exhibit "F", and made a part hereof. All exceptions Tenant shall not use the Premises or the building in which the Premises are contained for any purpose that will require prior written approval increase the insurance rate or risk of the building above that which is customary and normal for the uses set forth above and, if in such event, Landlord, as an additional remedy for the activity will continue violation of this provision, may elect to recover, as "Additional Rental" (defined below), the total cost of such increase from Tenant, without contribution of other tenants of the Business Park. (See Article 8. 4.3 All damages to the Premises, the Common Areas or the building in which the following yearPremises are contained, a new exception request will need caused by Tenant's negligence, shall be repaired at Tenant's expense. Tenant shall not commit waste or allow waste to be submitted committed on the Premises or the Common Areas. Tenant shall not perform any acts or carry on any practices which will constitute a nuisance or menace, or be offensive, to the other tenants or occupants or to the general public. Tenant shall keep the Premises, its use of the Common Areas and all its improvements in sound condition, in good repair and safe for approvalthe incidental use of its business invitees. B. 4.4 Tenant shall give prior notice not make or permit any noise or odor that is objectionable to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premisespublic, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission to other tenants of the Authority made upon written request Business Park or to Landlord to emanate from Tenantthe Premises and shall not create or maintain a nuisance thereon. As used in Tenant shall not disturb, solicit or canvas the Lease, “guest” means a person present in users of the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with Common Areas without the consent of Landlord and shall not do any act tending to injure the Tenant or one reputation of the household membersLandlord or the Business Park. C. Tenant4.5 Lessee shall not place or permit any radio antenna, any of the household members and any guest shall only use the dwelling unit loud speakers, sound amplifiers or any other portion thing or item on the exterior of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations roof or outside of the Authority and with all applicable federal, state and local lawsbuilding or the Premises. D. Tenant4.6 Lessee shall not obstruct, the household members and any guests, shall use not encumber or use the utilities furnished by the Authority so as to waste the utilities through excess utility consumptionparking areas, sidewalks, entrances, passages, vestibules, stairways, corridors and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels. E. Tenant, or any of the household members, are prohibited from entering upon the Development halls for any reason if purpose other than ingress or egress to and from the Tenant has been evicted through Premises and for parking only in the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time perioddelegated areas for such use.

Appears in 1 contract

Samples: Business Lease Agreement (Industrial Data Systems Corp)

Use of the Premises. A. The dwelling unit shall Premises are to be used only as and occupied by Tenant solely for the operati on of a private residence dine in/take-out authentic Jamaican restaurant, and for no other purpose or purposes. Tenant shall at all times fully and Tenant’s household membersproperly comply with all laws, except ordinances, and regulations governing the use of the Premises enacted or adopted by every l awful authority having jurisdiction over the same. Xxxxxx agrees not to commit waste on the Premises and not to use the Premises in viol ation of any certificate of occupancy, or for any purpose that Tenant and the household members may request an exception for certain limited incidental activities constitute a nuisance, public or private, nor sufer any dangerous article to be brought on a case by case basis or in the dwelling unit if Premises. Xxxxxx agrees to reasonably, promptly, and effectively comply with all appli cable statutes, regulati ons, rules, ordinances, orders, and requirements of all Governmental Authorities including. but not limited to, the Authority has given prior written consent American with Disabilities Act of 1990. Xxxxxxxx agrees to do so. All exceptions will require prior written approval andgive notice promptly to Tenant of any notice from any Governmental Authorities in respect of the Premises including, if the activity will continue in the following yearwithout limitation, a new exception request will need any notice pertaining to be submitted for approval. B. air and water quality, Hazardous Materi als, waste disposal, air emissions, and other environmental matters, and any direction of any public agency that imposes any duty upon Landlord or Tenant shall give prior notice with respect to the Authority use or occupancy of the Premi ses. Tenant may, in good faith, dispute the validity of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in complaint or upon the premises, including the dwelling unit, for more than a total action taken pursuant to or under color of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members. C. Tenant, any of the household members foregoing. defend against the same, and, in good fai th, and at its sole cost and expense, diligently conduct any guest shall only use the dwelling unit or necessary proceings to prevent and avoid any other portion adverse consequence of the premises for lawful purposes permitted under the Lease same. Xxxxxx agrees that any such contest shall be prosecuted to a final conclusion as speedily as possible, and shall comply Xxxxxx will save Landlord harmless with all applicable rules and regulations respect to any actions taken by any Governmental Authorities with respect thereto. X. Xxxxxx's use of the Authority and with all applicable federal, state and local laws. D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so Premises will be such as to comply with all applicable lawsrequirements of each Mortgagee (if any), regulations or guidelines including, but not limited to, each Mortgagee 's requirements with respect to Hazardous Material s and the Americans with Disabilities Act of any governmental entity regulating utilities or fuels1 990. E. Tenant, or any X. Xxxxxx's use of the household membersPremises will be such as to comply with all requirements of fire, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction public liability and other policies of insurance with respect to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time periodPremises.

Appears in 1 contract

Samples: Lease Agreement

Use of the Premises. A. The dwelling unit a. Lessee shall use the premises for the purpose of conducting a Wedding and/or Wedding Reception and no part of the premises shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and any other purpose without the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent of Lessor. b. Lessee shall not permit, at any time, more than 600 persons to do sooccupy the leased premises (including but not limited to) the parking area and Meadowbrook Ballroom during the rental term. c. Lessee shall not permit persons to smoke within the premises. All exceptions will require prior The Meadowbrook Park Historic Redwood Ballroom is a non-smoking facility. d. The Lessee at all times shall maintain all of the premises herein demised, including, but not limited to, parking areas adjacent to Meadowbrook Ballroom in a clean, neat and orderly condition. e. The Lessee shall not sublet the premises without the written approval andof Lessor. f. No public sale at auction by Lessee or others shall be made in or from the premises without the prior consent of Lessor. g. Lessee shall not use the premises or any part thereof, if or permit any part of the activity will continue in the following year, a new exception request will need premises to be submitted for approval. B. Tenant shall give prior notice used, or permit any act whatsoever to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon be done on the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission manner that will violate or make void or inoperative any policy of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household membersinsurance held by Lessor. C. Tenant, any of the household members h. Lessee shall observe and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall promptly comply with all applicable rules laws, ordinances and regulations of the Authority and with all applicable federal, state and local lawspublic authorities. D. Tenanti. Lessee shall provide to Lessor, in writing at least 30 days prior to commencement of the term, the household members names and telephone numbers of any guestspersons, shall use not use businesses and/or caterers furnishing food and/or beverages at the utilities furnished by premises during the Authority so as to waste the utilities through excess utility consumptionterm of this agreement. j. Lessee will comply and cause all employees, agents, assigns and shall also use and operate all utilities, whether or not furnished by the Authority, so as guests to comply with all applicable lawsrules and regulations adopted by Lessor in connection with use of the premises, and with all supplements thereto and amendments thereof which Lessor may hereafter adopt. It is understood and agreed that such rules and regulations or guidelines shall pertain to the safety, care, use and cleanliness of any governmental entity regulating utilities or fuelsthe premises and the preservation of good order therein and thereon. All rules and amendments thereof which Lessor may adopt shall be in writing, and a copy thereof shall be delivered to Lessee. Delivery to Lessee shall be deemed complete upon actual notification being made directly with Lessee or, in the event of mail, by Lessor’s deposit in the U.S. Mail of said writing(s). E. Tenantx. Xxxxxx, its employees, agents, designees, and assigns reserve the right to enter in and upon the rented premises herein at anytime during the term herein, to ascertain Lessee’s compliance with the terms of this agreement herein and/or rules, regulations, supplements and amendments promulgated pursuant to part (i) above. The Lessor shall determine the amount of security personnel needed and will determine how it is contracted. Lessor reserves the right to remove any person from the premises. l. Lessee understands and agrees that should Lessor not be able to deliver the premises during the recited term herein, whether within or outside the control of Lessor, this rental agreement shall be null and void and Lessor shall not be liable for any loss or damages resulting to Lessee therefrom excepting that Lessee shall be entitled to return of all deposits and funds held by Lessor under this rental agreement. m. Lessee shall indemnify and hold harmless The Board of Trustees of Hopewell Township, Seneca County, Ohio, Meadowbrook Park, their respective trustees, officers, agents, assigns and employees against all claims, courses of action, damages, costs and liabilities (including but not limited to cost of defending any legal action) of every kind and nature whatsoever, directly or indirectly resulting from or caused by Lessee, its/their officers, agents, assigns, employees, guests, patrons, licensees, and invitees use of the premises or any other part of Meadowbrook Park, or from any act or omission of Lessee, its/their officers, agents, assigns, employees, guests, patrons, licensees, and invitees. n. Lessee shall not deface or permit the premises to be defaced in any manner and shall return the premises to Lessor in the same condition as Lessee received the premises from Lessor at commencement of the household membersterm. If the premises are damaged in any manner, are prohibited whether by act, default, or negligence by Lessee its/their officers, agents, assigns, employees, guests, patrons, licensees or invitees, Lessee agrees to pay Lessor all sums necessary to restore the premises to the same condition as Lessee received the premises from entering Lessor at commencement of the term. o. Lessee agrees to be responsible for obtaining all permits, licenses and other legal necessities, and to pay all costs arising from use of patented, trademarked, licensed, franchised, or copyrighted music, materials, devices, or dramatic rights upon the Development for premises during the term of this rental agreement and further agrees to hold harmless The Board of Township Trustees of Hopewell Township, Seneca County, Ohio and Meadowbrook Park, its trustees, officials, employees, agents and assigns from any reason if claims or costs which (including legal costs) which may arise from the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time perioduse of same.

Appears in 1 contract

Samples: Wedding Reception Rental Agreement

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