Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use related thereto. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose other than as provided herein; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 2 contracts
Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development research and marketing/sales development, storage, distribution, offices and general office use related theretomarketing of medical devices. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C. & R.'s") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 2 contracts
Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development research and marketing/sales development, storage, distribution, offices and general office use related theretomarketing of medical devices. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary mannerbuilding proper.
Appears in 2 contracts
Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use related theretopurposes only. Tenant Lessee shall not use, or permit the Premises Premises, or any part thereof thereof, to be used, for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant sell Lessee sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the PropertyPremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials, supplies, equipment, finished or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to Should, at any time during the provisions of Paragraph 35 term of this Lease, Tenant shall not place anything or allow anything to be placed near for a period of five (5) years after the glass termination or expiration of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction there be charges or findings of Rent hereundertoxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, and it is determined that Lessee is the cause, Lessee hereunder shall be responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorney's fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result in of Lessee's operations while occupying the Premises. If, at any liability time during the term of Landlord to Tenant. Tenant shall comply with all the covenantsthis Lease, conditions and/or restrictions ("CC&Rs") affecting Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, the Building and the PropertyLessor may order a soils report, and all rules and regulations affecting or its equivalent. If any such toxic waste, spillage, or other contaminants are found upon the Premises, which rules and regulations it is determined that Lessee is the cause, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove such substances and remedy the problem. Lessee shall abide by all laws, ordinances and statutes, as they now exist or may hereafter be enforced enacted by Landlord in a non-discriminatory legislative bodies having jurisdiction thereof, relating to its use and non-arbitrary manneroccupancy of the Premises.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development office, administration, R&D and marketing/sales and general office use engineering of computer related theretoproducts. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C. & R.'s") affecting the PremisesPremises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, the Building and the Property, and all rules and regulations affecting at or under the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.deemed to include underlying
Appears in 1 contract
Samples: Lease (Zamba Corp)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development general office, sales, marketing, engineering research and marketing/sales development, and general office use clean storage of computer related theretoproducts and services. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject Lessor represents and warrants to Lessee that to the provisions best of Paragraph 35 of this Leaseits knowledge there are no Toxic or Hazardous materials present on, Tenant shall not place anything at or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting under the Premises, which rules and regulations shall be enforced by Landlord deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in a non-discriminatory and non-arbitrary mannerconnection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.
Appears in 1 contract
Samples: Lease (Packeteer Inc)
Use of the Premises. The Lessee shall use the Premises shall be used exclusively only for the purpose ------------------- of software development medical and marketing/sales non-medical research and general development, manufacturing, sales, warehousing and related office use related thereto(the "Permitted Use"). Tenant shall Such Permitted Use may include, but is not uselimited to, mixing, examination, manufacturing, development and/or research of chemicals and/or biological materials. Lessee further agrees to conform to the following provisions 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 permit the Premises or on any part thereof to be used, for any purpose other than as provided herein; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about Building outside the Premises, any article signs, symbols, advertisement or the like visible to public view outside of the Premises without the prior consent of Lessor, which may be prohibited by the standard form of fire insurance policies. Tenant consent shall not commitbe 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, 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 Drive, and to install a flag pole.
b) The Lessee, at its expense, shall comply with all rules, ordinances, orders, regulations and requirements of any Board of Fire Underwriters, or suffer any other body hereafter constituted exercising similar functions and governing insurance rating bureaus; and shall not do or permit anything to be committed, any waste done in or upon the Premises, or bring or keep anything therein, except as now or hereafter permitted by any public governmental authority, Board of Fire Underwriters or private nuisanceany other similar body having jurisdiction, or other act insurance rating bureau; and shall keep the Premises equipped with all safety appliances or thing which may injureequipment required by any governmental authority, annoy or disturb the quiet enjoyment Board of any occupant of neighboring properties Fire Underwriters or other tenant in the Building similar body or on the Property; nor, without limiting the generality governing insurance rating bureau by reason of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system Lessee's particular use of the Premises or the location of partitions, trade fixtures or other contents of the Building. Tenant Premises; and shall procure all licenses, permits or other approvals required because of such use, it being understood that the foregoing provisions shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted construed to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall broaden in any way affect this Leasethe Permitted Use of the Premises;
c) The Lessee, entitle Tenant to any reduction of Rent hereunderat its expense, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenantsrules, ordinances, orders, permit conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting of governmental authorities now or hereafter in force and with any lawful direction of any public officer, in each case to the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.extent the same are applicable to the Premises or the use and
Appears in 1 contract
Samples: Lease (Abiomed Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of computer software development marketing and marketing/sales engineering normal and general office use related theretocustomary to the industry. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the PropertyPremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C. & R.'s") affecting the Premises. Lessee shall abide by all laws, the Building and the Propertyordinances, and all rules statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and regulations affecting occupancy of the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Samples: Lease (Numerical Technologies Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- purposes of software development and marketing/light manufacturing, storage, engineering, sales and distribution, R&D, general office use office, marketing, and other related thereto. legal uses.
(a) Tenant shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located (unless Tenant agrees to pay for any such increase), or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoralunlawful, unlawful or reasonably objectionable purpose. .
(b) Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part in violation of applicable law. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by Landlord, or inside the Building proper where at locations reasonably designated by Landlord. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the BuildingBuilding proper without Landlord’s prior written approval.
(c) Landlord acknowledges that the subject Premises is located within a Super Fund Site and represents to Tenant that the United States Environmental Protection Agency has issued a letter dated January 25, 1993 (attached as Exhibit B) indicating that no further work needs to be performed at the site. Subject Landlord shall be solely responsible for investigating, reporting, remediation and monitoring in connection with any and all Toxic or Hazardous Materials on the Premises which are not the express responsibility of Tenant under the following sections. As between Landlord and Tenant, Landlord shall be solely responsible, at Landlord’s sole cost and expense for all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgments, and costs, including, without limitation, attorneys’ fees arising from or in connection with any Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the provisions Premises and those that migrate from, onto or under the Premises during the Term (including the Extended Term, if any) through no fault of Paragraph 35 Tenant. If the presence of any such Toxic or Hazardous Materials causes or results in the Premises being or becoming untenantable, Tenant shall have the right to terminate this Lease.
(d) Landlord further acknowledges that the Premises is located within the boundaries of the Middlefield-Xxxxx-Xxxxxxx Superfund Site Study Area (“MEW Site”). The EPA is the lead agency overseeing the investigation, monitoring, remediation and response actions conducted at the MEW Site. Information concerning the MEW Site can be found by accessing the EPA’s website: (xxxx://xxxxxxxx.xxx.xxx/r9/sfund/r9sfdocw.nsf/ViewbyEPAID/CAD982463812).
(e) Tenant acknowledges that except as otherwise expressly set in this Lease, Tenant shall not place anything is accepting the Premises “AS IS” without any representation or allow anything warranty of Landlord, express, implied or statutory, as to Hazardous Materials, the environmental condition of the Premises or the MEW Site.
(f) Tenant understands and acknowledges that Hazardous Materials are or may be placed near present in the glass soil of any window, door, partition or wall which may appear unsightly from outside and/or the soil vapor and/or groundwater underlying the Premises (“Pre-Existing Conditions”). Tenant further understands and acknowledges that the Former Xxxxxxxxx Premises has in the past been subject to enforcement actions by the EPA; the MEW Site is currently subject to various environmental orders. As described above, the MEW Site is actively and intensely managed by the EPA Environmental investigations, monitoring and remediation activities have been, are being and will continue to be conducted by the MEW Responsible Parties at the MEW Site, including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to TenantPremises. Tenant shall comply allow access for same to be implemented, as provided in this Section 6. Section 25359.7 of the California Health and Safety Code requires landlords of non-residential property who know, or have reasonable cause to believe, that any release of hazardous substances has come to be located on or beneath the real property to provide written notice of such to a lessee of the real property. Landlord has made the disclosures as set forth above.
(g) Landlord shall indemnify, defend and hold harmless Tenant, its partners, directors, officers, employees, lenders, and successors against all losses, damages, injury, claims, obligations, liabilities, demands, damages, judgements, and costs, including, without limitation, attorneys’ fees arising from or in connection with any and all Toxic or Hazardous Materials that existed prior to Tenant’s occupancy of the covenants, conditions and/or restrictions ("CC&Rs") affecting Premises. Tenant in turn represents to Landlord that it does not now and will not in the future use or knowingly permit the use or otherwise store or introduce Toxic or Hazardous materials within the Premises, the Building excluding, however basic janitorial, maintenance and the Propertyoffice supplies, products typically found in motor vehicles used by employees and invitees, and all rules and regulations affecting materials commonly used in connection with Tenant’s business as described in Section 7 hereof. For purposes of this Section 6 “Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials on the Premisesleased premises, which rules and regulations is either (i) potentially injurious to the public health, safety or welfare, the environment, or the leased premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Tenant or Landlord to any governmental agency or third party under any applicable statute or common law theory. Toxic or Hazardous Materials shall include, but not be enforced by Landlord in a nonlimited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-discriminatory and non-arbitrary mannerproducts thereof.
Appears in 1 contract
Samples: Lease Agreement (Mobileiron, Inc.)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use and research and development of computer related theretoproducts. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C. & R.'s") affecting the PremisesPremises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, the Building and the Property, and all rules and regulations affecting at or under the Premises, which rules and regulations shall be enforced by Landlord deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in a non-discriminatory and non-arbitrary mannerconnection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.
Appears in 1 contract
Samples: Lease (Segue Software Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- -------------------- of software development manufacturing, research and marketing/sales development, storage, distribution, offices ----------------------------------------------------------------------- and general office use related theretomarketing of medical devices. Tenant --------------------------------- Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary mannerbuilding proper.
Appears in 1 contract
Samples: Lease (Oratec Interventions Inc)
Use of the Premises. 11.1 The Lessee shall be responsible for obtaining all of the licenses required to run its business on the Premises from the competent authorities, within the context of the purpose of the Lease, and it undertakes to run such only in accordance with the aforesaid licenses and the requirements of the law and any competent authority. The Lessee declares that it has checked and knows that it is possible to obtain all of the licenses as set out in this clause, and that the Lessor shall not be under any liability in the event that the Lessee does not succeed in obtaining such.
11.2 The Lessee shall not keep any materials, tools, equipment, produce, inventory or any other chattels whatsoever (hereinafter termed generally – the “chattels”) outside of the Premises without the Lessor’s consent. In the event that any chattels are found outside of the Premises without the Lessor’s consent having been given to such, the Lessor shall be entitled to remove them from such place at the Lessee’s expense, and it shall not be responsible for the integrity of such chattels.
11.3 The Lessee shall fulfill all of the laws, regulations and by-laws applying to the Premises, the use thereof and the business, the work and operations done therein.
11.4 The Premises or any part of them must not be used in such a way that might result in the causing of noises, odors, shocks, pollution, smoke, dust or any other nuisances outside the realm of what is reasonable, taking into account the nature of the Park in general and the nature of the immediate surrounds of the Premises in particular.
11.5 The Lessee shall not throw waste of a quality or quantity that might harm the sewage system into such system, or that might harm the proper operation thereof, or that might endanger ordinary use of water sources, rivers, lakes, the sea or any other source. For the purposes of this paragraph – the “sewage system” - central sewage or absorbent pits and channel and drainage systems and water purification plants, if and to the extent in existence. The Lessee shall be used exclusively for required to ensure that the purpose ------------------- of software development and marketing/sales and general office use related thereto. Tenant shall waste water does not usecontain solid substances that might damage pipes or channels, or permit that might harm sewage piping, control boxes, measuring equipment, purification plant, or that might block such.
11.6 The Lessee undertakes not to hang, install or paint and signs, symbols or other advertisements on any part of the Building in which the Premises are situated without the consent of the Lessor in advance. The Lessee shall have the right to receive signage at the entrance to the Park, on the Building and on the floor where the Premises are situated, at its expense.
11.7 Places outside of the Premises may only be used in the manner and way prescribed by the Lessor from time to time.
11.8 The Lessee undertakes not to use the Premises or any part thereof materials or instruments on them, nor to be useddo any acts on the Premises which involve risks that deviate from the insured risks as set out in section 8.1.7 above, for any purpose other than as provided herein; unless the Lessor’s consent to such is given in writing and no use shall be made or permitted in advance. Where such consent is given, the Lessee undertakes to be made maintain such insurance to the satisfaction of the PremisesLessor, nor acts done inagainst any damage to person or property which might be caused as a result of such risks, on or about without derogating from the PremisesLessor’s right to take out the additional insurance as above itself, which will increase and from the existing rate Lessee’s obligation to refund any sum expended by the Lessor with respect thereto immediately upon its first demand.
11.9 The Lessee shall use the Premises and their surrounds so as not to cause any disturbance to the other tenants of insurance upon the Building, to their welfare or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant their premises, and maintaining the common property and facilities in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary mannerkeeping those clean.
Appears in 1 contract
Samples: Lease Contract (Quark Biotech Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development general office, administration, light manufacturing and assembly, testing, marketing/sales , engineering, shipping and general office use receiving and any other legal uses directly related theretoto Lessee’s business and for no other purpose without Lessor’s prior written consent. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semifinished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&Rs"“C.C. & R.’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, the Building and the Property, and all rules and regulations affecting at or under the Premises, which rules and regulations shall be enforced by Landlord deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in a non-discriminatory and non-arbitrary mannerconnection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Opnext Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use related thereto. Tenant shall not use, or permit use and occupy the Premises or any part thereof to be used, throughout the Term of this Lease for any purpose office purposes and uses customarily associated therewith and for no other than as provided hereinpurpose; and in particular no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell sell, or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall comply with all laws, ordinances, rules, regulations and codes of all municipal, county, state and federal authorities pertaining to Tenant’s use and occupation of the Premises. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, Premises or any public or private nuisance, or other act or thing which may injure, annoy or disturb disturbs the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on at the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall also specifically not "place permit the storage of tires, flammable products, batteries, fertilizer, charcoal or any harmful liquids in other similar items that cause objectionable odors to escape or be emitted from the drainage system of the Premises or of the Building. Premises; Tenant shall not place any loads upon the floorsinsure sanitation and freedom from odor, wallssmell and infestation from rodents or insects. Tenant, ceilings at its expense, shall provide (and enclose if required by codes or roof which might endanger the structure, nor overload any electrical, mechanical Landlord) a dumpster or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except dumpsters for Tenant’s trash in trash containers placed inside exterior enclosures a location and manner approved for that purpose by Landlord, or inside the Building proper where designated by and shall cause its trash to be removed at intervals reasonably satisfactory to Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this LeaseIn connection therewith, Tenant shall not place anything or allow anything to be placed near keep the glass of any windowdumpster(s) clean and insect, door, partition or wall which may appear unsightly from outside the Premises (including the common areas rodent and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary mannerodor free.
Appears in 1 contract
Samples: Lease Agreement (UWM Holdings Corp)
Use of the Premises. 8.1 The Tenant shall only use the Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use related thereto. conducting the following business: GENERAL OFFICES AND SHOWROOM The Tenant shall agrees that it will not use, or permit the Premises or any part thereof to be used, used for any other purpose other than as provided herein; and no use shall be made or permitted without obtaining the Landlord's prior written consent. The Tenant agrees that it will not change the name of the business to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant operated in the Building or on Premises without obtaining the Property; nor, without limiting Landlord's prior written consent. The Tenant has satisfied itself that the generality of Premises can be used for and are zoned for the foregoing, shall use stated above. The Tenant will not allow the Premises to be used for any improperpurpose that is contrary to any restrictions registered against and/or running with title to the Building.
8.2 On and after the Commencement Date, immoral, unlawful or objectionable purpose. the Tenant shall not "place any harmful liquids in occupy the drainage system whole of the Premises and shall therein, in good faith, continuously, actively, and diligently conduct its business in a reputable, clean safe, orderly, properly staffed, first-class, and lawful manner. The Tenant will not permit waste or damage to the Premises. The Tenant will not bring or permit animals and or birds into the Building or its Premises. The Tenant will take steps to ensure that no actions are taken which in the Landlord's opinion would disturb the quiet enjoyment of either the Landlord or other tenants in the Building. The Tenant will not do or permit to be done anything that, in the Landlord's opinion, in any way hinders the flow of traffic (pedestrian or vehicular) in or in the immediate vicinity of the Building. The Tenant shall will not place solicit business except in its own Premises. The Tenant will not install or allow to be installed any loads upon transmitting or telecommunications device on the floors, walls, ceilings roof or roof which might endanger structural walls of the structure, building nor overload will it allow or allow to be installed any electrical, mechanical traveling or other systems. No waste materials flashing lights or refuse shall signs or audio-visual devices in a manner so that they can be dumped upon seen or permitted to remain upon any part heard outside of the Premises outside without obtaining the Building except Landlord's prior written consent. The Tenant will fully co-operate in trash containers placed inside exterior enclosures approved for all of the Landlord's energy conservation programs. The Tenant will not permit any activity within or about the Premises that purpose in the Landlord's opinion would create an environmental or pollution or safety or moral problem including the utilization of illegal drugs or the display or production of non-family-oriented material (such as pornography), the emission of odours, gases, dust, smoke, fumes, vapours, steam, water, cinders, soot, vibrations, music, noises, electromagnetic rays or fields, Hazardous Substances, or any other effect that is undesirable in the sole opinion of the Landlord. If the Tenant breaches any of these requirements and does not cure such default within 10 days after being provided by the Landlord with written notice of such default (or sooner if the situation, as determined solely by the Landlord, or inside is an emergency), the Building proper where designated by Landlord. No materials or articles , without limiting any of any nature its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee thereon which forthwith shall be stored upon or permitted to remain outside of the Building. Subject paid to the provisions Landlord by the Tenant as Additional Rent. In addition, the Tenant acknowledges that if it breaches any of Paragraph 35 these requirements and does not cure its default within 10 days as set forth above, the Landlord shall be entitled to obtain injunctive and other equitable relief which claim for relief will not be opposed by the Tenant. Further, the Tenant acknowledges that if it breaches any of these requirements and does not cure its default within 10 days as set forth above, the Landlord shall be entitled to terminate this Lease, .
8.3 The Tenant shall observe and abide by all applicable laws, particularly but not place anything or allow anything limited to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretionlaws pertaining to Hazardous Substances. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use If a clean-up of the Building or the Premises is required as a result of the release or existence of Hazardous Substances by any other occupants the Tenant or on behalf of the Tenant or which arises, directly or indirectly from the Tenant's use or occupancy of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building Tenant shall solely be responsible for the clean-up thereof and for all costs of any kind associated therewith. If the PropertyTenant breaches any of these requirements and does not cure such default within 10 days after being provided by the Landlord with written notice of such default, the Landlord, without limiting any of its other rights, may take such steps as it deems necessary to cure such default at the Tenant's expense plus charge a management fee of 15% thereon which forthwith shall be paid by the Tenant to the Landlord as Additional Rent. The Tenant further agrees to fully indemnify the Landlord (including the immediate payment of the Landlord's incurred solicitor and client and other professional costs) and hold the Landlord harmless from all Claims arising out of matters related to the Tenant's actions or negligence with respect to Hazardous Substances. The Tenant's obligations with respect to Hazardous Substances shall survive the expiration of this Lease. Provided the Tennant shall not be responsible for any pre-existing non-compliance.
0.0 The Tenant agrees as well to comply with all present and future laws pertaining to the collection, sorting, separation, and all rules and regulations affecting recycling of waste products.
8.5 The Tenant will peaceably leave the Premises, which rules and regulations shall be enforced by Landlord Premises in a non-discriminatory clean, broomswept condition on the Expiration Date or such other date if the Lease is terminated before the Expiration Date. The Premises will be left in good order except for reasonable wear and non-arbitrary mannertear. The Tenant will thereupon return all keys and other security materials including but not limited to codes and passcards.
8.6 The Tenant shall NOT be required to restore the Premises or any --- additional space to Base Building condition at the expiration or termination of the Lease or at the expiration or termination of any extended term, including any damage they have caused to the Building.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development general office, administration, light manufacturing and assembly, testing, marketing/sales , engineering, shipping and general office use receiving and any other legal uses directly related theretoto Lessee’s business and for no other purpose without Lessor’s prior written consent. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&Rs"“C.C. & R.’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, the Building and the Property, and all rules and regulations affecting at or under the Premises, which rules and regulations shall be enforced by Landlord deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in a non-discriminatory connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises. Lessee in turn represents to Lessor that it does not now and non-arbitrary manner.will not in the future permit the use or storage on the Premises of Toxic or Hazardous materials, excluding, however basic
Appears in 1 contract
Samples: Lease Agreement (Opnext Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development general office, computer laboratory, research and marketing/sales development, shipping and general office use related theretoreceiving. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the PropertyPremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant , Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject Lessor represents and warrants to Lessee that to the provisions best of Paragraph 35 its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy. Lessor shall be responsible for and indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous Materials (as defined below) that existed prior to Lessee’s occupancy of the Premises or not caused by Lessee, its agents, employees, invitees or contractors. This indemnity shall survive the termination of the Lease. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous Materials, excluding, however basic janitorial, maintenance and office supplies, and materials commonly used in connection with Lessee’s business as described in paragraph 6 hereof. For purposes of this Section 6, ‘Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Lessee and Lessor to any governmental agency or third party under any applicable statute or common law theory. “Toxic or Hazardous Materials” shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof. Lessee hereunder shall be responsible for and indemnify, and hold Lessor and its partners, directors, officers, employees, lenders, successors and assigns harmless from all claims, obligations, liabilities, demands, damages, judgments and costs, including reasonable attorneys’ fees arising at any time during or in connection with Lessee’s causing or permitting any Toxic or Hazardous Materials to be brought upon, stored, manufactured, generated, handled, disposed, or used on, under or about the Premises. Lessee’s and Lessor’s obligations hereunder shall survive the termination of this Lease. If, at any time during the term of this Lease, Tenant shall not place anything Lessor suspects that any Toxic or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent Hazardous Materials may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee’s expense and Lessee shall pay such costs if it is determined that Lessee or Lessee’s agents, employees or contractors released or caused Toxic or Hazardous Materials on or about the Building Premises. If any such Toxic or Hazardous Materials are found on or about the Premises and it is determined that Lessee or Lessee’s agents, employees or contractors caused such contamination, Lessor shall consult with Lessee regarding remediation plans and Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the Propertyamount necessary to remove the substances and remedy the problem in accordance with applicable law, which Lessor shall use to do the required remediation and shall return to Lessee any unused monies. Lessee shall abide by all laws, ordinances, and all rules statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and regulations affecting occupancy of the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Samples: Lease (Zoran Corp \De\)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development Sales, marketing and marketing/sales and general office use distribution of computer-related theretoproducts. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any [improper, immoral, ] unlawful or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises [Premises] outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by Landlord, Lessor [or inside the Building building proper where designated by Landlord. Lessor.] No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C.&R.'s") affecting the Premises. SEE ADDENDUM #4 [Should, at any time during the Building term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the Propertysame, Lessee hereunder shall be assumed responsible for, and hold Lessor harmless from all rules claims, obligations, liabilities, and regulations affecting costs, including reasonable attorneys' fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction, unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises.] If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, which rules Lessor may order a soils report, or its equivalent, at Lessee's expense and regulations Lessee shall pay such costs within fifteen (15) days from the date of the invoice by Lessor provided that said report determines that Lessee was cause of contamination. If any such toxic waste, spillage, or other contaminants are found upon the Premises, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enforced enacted by Landlord in a non-discriminatory legislative bodies having jurisdiction thereof, relating to its use and non-arbitrary manneroccupancy of the Premises.
Appears in 1 contract
Samples: Lease (SCM Microsystems Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering and research and development, board repair and assembly for voice processing software development and marketing/sales hardware products and general office use related theretomaterials. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased without Lessor's prior written consent; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate fate of insurance upon the Building, building in which the Premises are located unless Lessee pays the cost of any such increase or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.Lessee shall
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Brooktrout Technology Inc)
Use of the Premises. The A. Tenant shall use the Premises solely for office, R & D, manufacturing, warehousing , the development of pharmaceuticals and drug delivery systems and other legal purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of the Landlord which consent shall not be used exclusively for unreasonably withheld.
B. Tenant shall not use the purpose ------------------- Premises or suffer or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning ordinance, regulation or requirement of software development and marketing/sales and general office duly constituted public authorities now in force or which may hereafter be in force, or Board of Fire Underwriters requirements or other similar body now or hereafter constituted relating to or affecting the condition, use related theretoor occupancy of the Premises. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose other than as provided herein; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or commit any public or private nuisance, nuisance or any other act or thing things which may injure, annoy might or would disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purposenearby property. Tenant shall not "place loads upon the floors, walls, or ceilings in excess of the maximum designed load or which endanger the structure, place any harmful liquids in the drainage system of the Premises systems unless Tenant installs proper neutralizers; dump or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No store waste materials or refuse shall be dumped upon or permitted allow such to remain upon in, or about any part of the Premises outside of the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, building proper and Tenant shall not store or inside the Building proper where designated by Landlord. No permit to be stored or otherwise place any materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from whatsoever outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretionbuilding proper. Tenant covenants may store materials provided they are properly and agrees that no diminution of lightattractively screened, air or view by any structure which may be hereafter erectedin compliance with all applicable city ordinances and approved, whether or not in writing, by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Samples: Lease Agreement (Durect Corp)
Use of the Premises. The Premises shall be used exclusively and occupied for the purpose ------------------- specified in Section 1.2, and for no other use or purpose whatsoever, and under the trade name contained in said Section 1.2. The use of software development the Premises must be in compliance with rules and marketing/sales regulations promulgated for the Park by Landlord which are now or hereafter in effect and general office use related theretoof which Tenant has notice and Tenant's business and operations within the Premises must be in compliance with all applicable laws, ordinances and regulations of all governmental or quasi-governmental authorities and of all insurance companies insuring the Premises, or the Park, or any portion thereof. In this connection, it is understood that Tenant shall not use, or permit be permitted to engage in any business activities outside of the Premises or any part thereof to be usedin the common areas of the Park, for any purpose other than as provided herein; without the written permission of Landlord and no use shall be made or permitted to be made that all signs outside of the Premises and all displays which are visible outside of the Premises, nor acts done inshall be subject to the approval of Landlord. While parking in the Park shall be non-exclusive, it is understood that Tenant shall have the primary right to use the parking spaces specifically described on Exhibit A-1 attached hereto, provided, however, the Landlord shall have no responsibility to police said parking spaces or about the Premises, which will increase the existing rate of insurance upon the Building, or cause a cancellation of remove any insurance policy covering the Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, cars wrongfully parked in or about the Premises, any article which may be prohibited by the standard form of fire insurance policiesTenant's primary parking area. It is understood that Tenant shall not commit, or suffer be permitted to be committed, use any waste upon areas adjacent to the Premises, or any public or private nuisanceareas designated for parking purposes, or other act or thing which may injure, annoy or disturb for the quiet enjoyment storage of any occupant of neighboring properties or other tenant materials used in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purposeconnection with Tenant's business. Tenant shall not "place any harmful liquids in the drainage system Any unauthorized use of the Premises or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted areas adjacent to remain upon any part of the Premises outside or areas designated for parking shall constitute a default by Tenant under the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 terms of this Lease, if not cured by Tenant shall not place anything or allow anything to be placed near within thirty (30) days after receipt of a written notice from the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development office, administration, research and marketing/development, engineering and sales and general office use marketing of computer related theretoproducts and services. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased without Lessor's written consent; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located unless Lessee pays the cost of any such increase, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, Premises or any public or private nuisance, nuisance or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on building in which the Propertypremises are located; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon building of which the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemsPremises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Buildingbuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C. & R.'s") affecting the PremisesPremises Lessor represents and warrants to Lessee that to the best of its knowledge (i) there are no Toxic or Hazardous materials present on, the Building and the Property, and all rules and regulations affecting at or under the Premises, which rules and regulations shall be enforced by Landlord deemed to include underlying land and groundwater, at the time of Lessee's occupancy; (ii) no underground storage tanks or asbestos containing building materials are present on the Premises, and (iii) no action, proceeding, or claim is pending or threatened concerning the Premises concerning any Toxic or Hazardous materials in, on, about or under the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in a non-discriminatory and non-arbitrary mannerconnection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises or arising out of or based upon the presence of any Toxic or Hazardous materials on, under, in or about the Premises, unless Lessee or Lessee's agents, employees, contractors or invitees caused the presence of such Toxic or Hazardous materials in, on about or under the Premises.
Appears in 1 contract
Use of the Premises. The (i) Tenant shall use the Premises shall be used exclusively solely for the purpose ------------------- of software development and marketing/sales and general office use related theretopurposes specified in Article 6. Tenant shall further covenants and agrees that it will not use, use or suffer or permit any person or persons to use the Premises or any part thereof to be usedfor conducting therein a second-hand store, auction, distress or fire sale, or bankruptcy or going-out-of-business sale, or for the sale of prescription drugs, or for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations and requirements of the state and the county and city where the Club Facility is situated, or of other than as provided herein; lawful authorities, and no use shall be made or permitted to be made of that during said Term, the Premises, nor acts done inand every part thereof, on shall be kept by Tenant in a clean and wholesome condition, free from any objectionable noises, odors or about nuisances if and to the extent detectable from outside the Premises, and that all health and police regulations with respect to the Premises shall, in all respects and at all times, be fully complied with by Tenant. Except as provided in this Lease and the obligations of Landlord, Tenant shall, at its sole cost and expense, faithfully observe in the use, occupation and possession of the Premises all municipal and county ordinances, and all state and federal statutes now in force and which will increase may hereafter be in force, and shall fully comply at its sole expense with all regulations, orders and other requirements issued or made pursuant to any such ordinances and statutes. Tenant shall not use or occupy the existing rate Premises, in any manner which (a) impairs the proper and economic maintenance, operation and repair of insurance upon the Building or its equipment, facilities or systems; (c) unreasonably interferes with or unreasonably disrupts the use or occupancy of any area of the Building (other than the Premises) by other lessees or occupants; (d) interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building; (e) constitutes or promotes "drive-through" uses, or cause a cancellation similar types of any insurance policy covering the Buildingoperation, or any part thereof(f) constitutes an unlawful condition; it being agreed, nor however, that this paragraph shall not prohibit Tenant's lawful operation within the Premises of a so-called "strip club" or other adult entertainment facility.
(ii) Tenant sell or permit to be keptshall operate a first-class business operation in the Premises, used or soldand protect the rights, health and safety of all persons using the Premises. Therefore, Tenant, its employees, agents, licensees and customers shall observe the following rules of conduct when present in or about the PremisesPremises and in connection therewith Tenant and its employees shall:
1. Conduct themselves at all times in a professional manner;
2. Not solicit members of the Club Facility as customers for Tenant's business;
3. Not consume or be under the influence of drugs, any article which narcotics, or controlled substances, except as may be prohibited by medically prescribed;
4. Not willfully take, destroy or damage another person's property;
5. Not post notices or literature in or about the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon Building (other than within the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises ) without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretionand not post any handbills on cars in the Common Areas;
6. Tenant covenants and agrees that no diminution Not possess or use any kind of lightweapon in or about the Building;
7. Not gamble in or about the Building;
8. Not park improperly or without authorization in or about the Building; or
9. Not engage in horseplay, air or view by any structure which may be hereafter erected, whether or not by Landlorddangerous practical jokes, or use the throwing of any object in or about the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary mannerBuilding.
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Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office which may include software development engineering and marketing/sales and general any office use related thereto. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premises, which will increase the existing rate of insurance upon the BuildingComplex, or cause a cancellation of any insurance policy covering the BuildingComplex, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the Property; Complex nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the BuildingComplex. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the Building. Subject to the provisions of Paragraph 35 34 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the BuildingComplex), . No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, Landlord which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be be. hereafter erected, whether or not by Landlord, or use of the Building Complex by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&RsCC&R's") affecting the Premises, the Building Premises and the PropertyComplex, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Samples: Office Lease (Niku Corp)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development general office, R&D and marketing/sales and general office lab use for computer related theretoproducts. Tenant Lessee shall not use, use or permit the Premises Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the Buildingbuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the Buildingsaid building, or any part thereof, nor shall Tenant Lessee sell or permit to be kept, used used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant Lessee shall not commit, commit or suffer to be committed, committed any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the Property; nor, without limiting the generality of the foregoing, shall Tenant Lessee allow the Premises to be used for any improper, immoral, unlawful unlawful, or objectionable purpose. Tenant Lessee shall not "place any harmful liquids in the drainage system of the Premises or of the Building. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, nor overload any electrical, mechanical or other systemssystem. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the Building building proper except in trash containers placed inside exterior enclosures approved designated for that purpose by LandlordLessor, or inside the Building building proper where designated by LandlordLessor. No materials materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the Building. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything building proper that causes a nuisance or allow anything to be placed near the glass of any window, door, partition violates and applicable governmental codes or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant regulations; Lessee shall comply with all the covenants, conditions conditions, and/or restrictions ("CC&RsC.C.&R.'s") affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.
Appears in 1 contract
Samples: Sublease (McAfee Associates Inc)
Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of software development and marketing/sales and general office use for a permanent and temporary employment placement agency and all other legally related theretouses associated therewith. Tenant shall not use, or permit the Premises Premises, or any part thereof thereof, to be used, for any purpose other than as provided hereinthe purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done in, on or about the Premisesdone, which will increase the existing rate of insurance upon the BuildingBuilding in which the Premises are located, or cause a cancellation of any insurance policy covering the said Building, or any part thereof, nor shall Tenant sell or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the Building or on the PropertyProperty in which the Premises are located; nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not "place any harmful liquids in the drainage system of the Premises or of the BuildingBuilding of which the Premises forms a part. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure, structure nor overload any electrical, mechanical mechanical, or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside the Building except in trash containers placed inside exterior enclosures approved for that purpose by Landlord, or inside the Building proper where designated by Landlord. No materials or articles of any nature shall be stored upon or permitted to remain outside of the BuildingBuilding proper. Subject to the provisions of Paragraph 35 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building), . No loudspeaker or other device, system system, or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others, others shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions and/or restrictions ("CC&Rs") Rules and Regulations affecting the Premises, the Building and the Property, and all rules and regulations affecting the Premises, Premises which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.are attached as Exhibit B. ---------
Appears in 1 contract
