USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewith. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil). Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 2 contracts
Samples: Storagenetworks Inc, Storagenetworks Inc
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithAdditional Rent. Tenant shall not (either with or without negligence) cause or permit the escapeLandlord’s prior written consent keep, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building or Complex except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, Complex, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only after written notice is given (iii) within five (5) Business Days of Landlord’s request, provide evidence satisfactory to Landlord of the identity of such substances Tenant’s compliance with all applicable federal, state or materials (includinglocal laws, without limitation, oil)regulations or ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is the result of Tenant’s use or occupancy of the Premises. Any and all costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ fees and costs, shall be Additional Rent and shall be due and payable to Landlord within ten (10) days of Landlord’s demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on Hazardous Substances in the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Sublease Agreement (Biofrontera AG), Sublease Agreement (Biofrontera AG)
USE, WASTE AND NUISANCE. 13 15 Throughout the Term, Tenant shall use occupy the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewith. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplymaterials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil)materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 ss.9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 ss.6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of TenantPremises, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
Samples: Altarex Corp
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesAdditional Rent. Landlord may from time to time adopt appropriate systems and reasonable procedures for the security or safety of the Building, its occupants, entry and use, or its contents, provided that Tenant may shall have access to the Building and Premises 24 hours per day, 7 days a week and further provided Landlord enforces the same in a non-discriminatory manner and the same do not without increase Tenant’s obligations hereunder and/or do not derogate from Tenant’s rights hereunder. Tenant, Tenant's agents, employees, contractors, guests and invitees shall comply with Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithreasonable requirements relative thereto. Tenant shall not (either with or without negligence) cause or permit the escapeLandlord’s prior written consent keep, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only after written notice is given (iii) within ten (10) Business Days of Landlord’s request, provide evidence satisfactory to Landlord of the identity of such substances Tenant’s compliance with all applicable federal, state or materials (includinglocal laws, without limitation, oil)regulations or ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances (x) in the Building (first occurring after the Term Commencement Date) or (y) that has been caused by Tenant or any party acting by, through or under Tenant (including, without limitation, any employee, agent, contractor or invitee of Tenant), then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is the result of Tenant’s use or occupancy of the Premises. Any and all costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ fees and costs, shall be Additional Rent and shall be due and payable to Landlord within thirty (30) days of Landlord’s demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on Hazardous Substances in the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession (unless the same is caused by the negligence of Landlord or any employee, contractor or agent of Landlord), or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease. Landlord shall deliver the Building at its sole cost and expense with no less than a Silver certification under the Leadership in Energy and Environmental Design (“LEED”) Green Building Rating System administered by the U.S. Green Building Council. Landlord shall diligently and timely undertake all filings and procedures required to maintain the LEED certification with respect to the Building, the costs of which may be included in Operating Expenses in accordance with Section 2.6.2 hereof. Tenant agrees that, throughout the Term of this Lease (as the same may be extended) Tenant shall reasonably cooperate with Landlord and, to the extent reasonably practicable, comply with energy efficient and environmentally sustainable practices (collectively, the “Sustainability Policy”) for the Building, including, without limitation, all monitoring and data collection, maintenance, access, documentation and reporting requirements set forth therein; provided that Tenant has first received written notice of such Sustainability Policy standards from the Building Manager. Tenant will make available to Landlord, within ten (10) Business Days following Landlord’s written request, any information in Tenant’s possession or control concerning matters necessary or desirable in Landlord’s efforts to obtain or maintain Green Certification, subject to Landlord’s obligation to keep such information confidential pursuant to the terms and conditions of the Lease. Landlord will make available to Tenant, within ten (10) Business Days following Tenant’s written request, any information in Landlord’s possession or control concerning matters necessary or desirable in Tenant’s efforts to obtain or maintain Green Certification, subject to Tenant’s obligation to keep such information confidential pursuant to the terms and conditions of the Lease.
Appears in 1 contract
Samples: Pegasystems Inc
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, except as permitted pursuant to Section 5.9, nor obstruct in any manner any portion of the Building. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithlaboratory use. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplymaterials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the life sciences industry (which are applicable to the Building) for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials (includingas provided herein. Prior to the Premises A Rent Commencement Date, without limitationTenant shall provide Landlord with copies of all applicable permits in connection with Tenant's use in, oil)on or around the Premises of hazardous substances or any other substances regulated under Federal, state or local law. On the anniversary date of each Lease Year, Tenant shall annually certify to Landlord the type and quantity of hazardous substances used in, on or around the Premises. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E2 IE, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of TenantPremises, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's reasonable request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession of the Premises, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
Samples: BG Medicine, Inc.
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithAdditional Rent. Tenant shall not (either with or without negligence) cause or permit the escapeLandlord’s prior written consent keep, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building EAST\66392481.7 or Xxxxx Xxxxx Office Park except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, Xxxxx Xxxxx Office Park, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only (iii) within five (5) Business Days after written notice is given Landlord’s request, provide evidence satisfactory to Landlord of the identity of such substances Tenant’s compliance with all applicable federal, state or materials (includinglocal laws, without limitation, oil)regulations or ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like, correcting as appropriate any factual representations which are not then correct, from time to time at Landlord’s reasonable request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materialsHazardous Substances and Landlord, in good faith, has reason to believe that Tenant or any party acting under or through Tenant has caused such release or is otherwise in breach of this Section 5.2, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written within thirty (30) days after demand as additional charges Additional Rent and if such requirement applies to the Premises due to specific activities of Tenant, and if Building or the requirement applies to the Building Land generally, then such costs shall be included in Landlord's ’s Operating Expenses. In additionAny and all reasonable costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ reasonable fees and costs, shall be Additional Rent and shall be due and payable to Landlord within thirty (30) days after Landlord’s demand. Tenant shall execute affidavitsbe fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, representations expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence escape, disposal or release, of hazardous substances any biologically or materials on the Premiseschemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on Hazardous Substances in the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: IntraLinks Holdings, Inc.
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the the.Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesAdditional Rent. Tenant may not without Landlord's ’s consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's ’s consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's ’s employees which are customary for office employees if Landlord determines that special venting or other matters material renovations are not required in connection therewith. Tenant shall not (either with or without negligence) Landlord’s prior written consent keep, cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) on or about the Premises or Building or Complex except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner not sanctioned by law Hazardous Substance stored with Landlord’s consent, Tenant shall: (i) promptly, timely and completely comply with all federal, state or by the highest standards prevailing in the industry local governmental requirements for the storage reporting and use record keeping, (ii) within five (5) Business Days of such substances or materialsLandlord’s request, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable federal, state or local laws, regulations or ordinances and comply with all federal, state and local laws, regulations or ordinances regarding the identity proper and lawful use, sale, transportation, generation, treatment and disposal of such substances or materials (including, without limitation, oil)Hazardous Substances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E2IE, any other applicable state or local laws governing the use, storage, transportation or disposal of hazardous materials and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materialsHazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges Additional Rent if such requirement applies to is imposed because of Tenant’s particular use or activities in the Premises. Any and all reasonable costs incurred by Landlord and associated with Landlord’s inspections of the Premises due to specific activities and Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ fees and if the requirement applies to the Building generallycosts, then such costs shall be included in Additional Rent and shall be due and payable to Landlord within ten (10) days of Landlord's Operating Expenses’s demand. In addition, Tenant shall execute affidavitsbe fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, representations expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence escape, disposal or release, of hazardous substances any biologically or materials on the Premiseschemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 5.6 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease. In the event of a release of Hazardous Substances or a requirement for testing to ascertain whether or not there has been a release of Hazardous Substances that is caused by Landlord, and for which Tenant is not responsible as provided above, then Landlord shall hold Tenant harmless from any cost, loss or liability relating thereto, including without limitation attorneys’ fees and costs of defense, and the costs so incurred by Landlord shall not be considered Landlord’s Operating Expenses.
Appears in 1 contract
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesAdditional Rent. Tenant may shall not without Landlord's prior written consent install in keep, store, or use any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") in, on, under or about the Premises or Building except for ordinary cleaning and office supplies used, stored and disposed of in accordance with applicable law. With respect to any pay telephonesHazardous Substance kept, vending machines, water fountains, refrigerators, sinks stored or cooking equipment provided that used with Landlord's consent will consent, Tenant shall: (i) not permit any such Hazardous Substance to escape, be unreasonably withheld released, or be disposed of in, or about the Premises, Building, or Land, (ii) promptly, timely and completely comply with respect all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and (iii) within five (5) Business Days of Landlord's request, provide evidence satisfactory to items designed for the convenience Landlord of Tenant's employees which are customary for office employees if Landlord determines that special venting compliance with all applicable federal, state or other matters are not required in connection therewith. Tenant shall not (either with local laws, regulations or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil)ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is the result of Tenant's acts, omissions or improvements. Any and all costs incurred by Landlord in connection with Landlord's monitoring of Tenant's compliance with this Section 5.2, including Landlord's reasonable attorneys' fees and costs, shall be Additional Rent and shall be due and payable to Landlord within ten (10) days of Landlord's demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant's use, disposal, transportation, generation and/or sale of, or Tenant's causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on Hazardous Substances in the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Mac-Gray Corp)
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall continuously occupy the Premises in their entirety (subject to the following sentence), shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. The foregoing requirement “continuously [to] occupy the Premises in their entirety” shall be deemed to be satisfied if the portions of the Premises that are visible from the elevator lobby or any common corridor on such floor shall be arranged, and furnishing, lighting and cleaning provided, in a manner such that such portions of the Premises appear to be occupied for the Permitted Uses. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the LandProject, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to may invalidate or increase the premium for any insurance on the Building Project or its contents or which is liable to may render necessary any alterations or additions in the BuildingProject, nor obstruct in any manner any portion of the BuildingProject. Tenant shall not, directly or indirectly, cause any labor disharmony and, if Tenant does so cause any disharmony, shall be responsible for all costs incurred to restore labor harmony. If Tenant's ’s particular use of the Premises (as opposed to general office use) results in an increase in the premium for any insurance on the Building Project or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's ’s consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's ’s consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's ’s employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewith. Landlord may require that Tenant obtain maintenance, other services, and supplies for such items at competitive rates from Landlord or from an independent vendor designated by Landlord, the cost thereof to constitute a restricted item under Section 2.6.1 for any such item obtained from Landlord. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel or from the Premises or cause such release elsewhere in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplythe Project. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building Project any such materials or substances except to use in the ordinary course of Tenant's business’s business (e.g., cleaning supplies), and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oilprovided that no such notice shall be required for materials used for customary office uses). Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §§ 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §§ 6901 et seq., .. the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning hazardous materials which relates to the Premises or the Project, and (ii) any environmental condition of which Tenant is aware. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then if such release was caused by Tenant or any party claiming under or through Tenant, the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of TenantPremises, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's ’s Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold Landlord in the manner provided and all other Indemnitees (as defined in Section 5.5 5.5) harmless from and against, any liabilities, losses, claims, damages, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses that result from the use, storage, handling, treatment, transportation, release, threat of release or disposal of hazardous materials in or about the Premises by Tenant or any Subtenant (as defined in Section 5.9 hereof) of Tenant or any other party claiming under Tenant is in possession of the Premises, or from a release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. Tenant’s obligations hereunder shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. Tenant shall give written notice to Landlord within twenty (20) days prior to the Term Commencement Date and thereafter once annually within twenty (20) days of each anniversary of the Term Commencement Date of any materials on OSHA’s right to know list or which are subject to regulation by any other federal, state, municipal or other governmental authority and which Tenant intends to have present at the Premises and with such notice shall provide Landlord with all information required by such law, regulation or authority. Tenant shall provide such further information confirming such materials and/or their use, storage or disposal, within thirty (30) days of Landlord’s reasonable request, but not more than one (1) time every twelve months, except in connection with a sale, refinancing or any release or threat of release of Hazardous Substances. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithAdditional Rent. Tenant shall not (either with or without negligence) cause or permit the escapeLandlord’s prior written consent keep, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building except for ordinary cleaning and office supplies used and stored in accordance with applicable law and except for those that are consistent with the use and operation of a chemical and biotechnology laboratory of the type Tenant operates but in all cases only in compliance with all applicable legal requirements and best industry practices. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only after written notice is given (iii) within fifteen (15) Business Days of Landlord’s request, provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable federal, state or local laws, regulations or ordinances, including copies of all licenses and permits that Tenant has been required to obtain prior to the identity handling of such substances or materials (including, without limitation, oil)any Hazardous Substances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances (x) in the Building (first occurring after the Term Commencement Date) or (y) that has been caused by Tenant or any party acting by, through or under Tenant (including, without limitation, any employee, agent, contractor or invitee of Tenant), then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is the result of Tenant’s use or occupancy of the Premises. Any and all reasonable costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ fees and costs, shall be Additional Rent and shall be due and payable to Landlord within thirty (30) days of Landlord’s demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on in the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession (unless the same is caused by the negligence of Landlord or any employee, contractor or agent of Landlord), or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease. Tenant acknowledges that areas of the Building may be used for food service and other non-laboratory uses and Tenant covenants to use best industry practices in the conduct of all laboratory operations and the storage, use, treatment, and disposal of Hazardous Substances at the Premises. In all events Tenant shall comply with all applicable provisions of the standards of the U.S. Department of Health and Human Services as further described in the USDHHS publication Biosafety in Microbiological and Biomedical Laboratories (4th Edition, May 1999) as it may be further revised, or such nationally recognized new or replacement standards as may be reasonably selected by Landlord. Any Hazardous Substances permitted to be stored on the Premises pursuant to this Lease shall be stored in areas of the Premises exclusively designated by Tenant for such purpose. Furthermore, immediately upon a release or threat of release of Hazardous Substances by Tenant or a breach of this Lease and otherwise within thirty (30) days after Landlord’s request (which request shall not be made more than one (1) time in any 12 month period unless required in connection with a release or threat of release of Hazardous Substances or a breach of this Lease or a sale, financing or ground lease of the Property or Landlord has reasonable grounds to believe that Tenant is in breach of its obligations under this Section 5.2) and subject to the confidentiality provisions set forth herein, Tenant shall make available to Landlord all of Tenant’s books and records relating to the types and amounts of all Hazardous Substances being generated, produced, brought upon, used, stored or treated by or on behalf of Tenant on the Premises and, upon Landlord’s request which request shall not be made more than one (1) time in any twelve (12) month period unless required in connection with a sale, financing or ground lease of the Property or Landlord has reasonable grounds to believe that Tenant is in breach of its obligations under this Section 5.2, copies of any federal, state or municipal filings or compliance reports made by Tenant with respect to such Hazardous Substances that are required by applicable law and to the extent relating to the Premises, all of which Landlord shall have the right to audit and review. Tenant agrees to pay the cost of any environmental inspection or assessment requested by any governmental agencies, mortgagees of the Property, or by any insurance carrier, to the extent that such inspection or assessment pertains to any release, threat of release, contamination, claim of contamination, loss or damage in the Premises after the date Tenant first occupies the Premises for the conduct of its operations and is the result of any act or omission by Tenant, its officers, employees, contractors, or agents around the Property (together, “Environmental Incidents”), provided that Tenant shall not be responsible to pay for any such costs to the extent that the conditions of concern existed in the Premises at the time that the Premises was delivered to Tenant and/or was not caused by Tenant.
Appears in 1 contract
Samples: Altus Pharmaceuticals Inc.
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithAdditional Rent. Tenant shall not (either with or without negligence) cause or permit the escapeLandlord’s prior written consent keep, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only after written notice is given (iii) within fifteen (15) Business Days of Landlord’s request, provide evidence satisfactory to Landlord of the identity of such substances Tenant’s compliance with all applicable federal, state or materials (includinglocal laws, without limitation, oil)regulations or ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances (x) in the Building (first occurring after the Term Commencement Date) or (y) that has been caused by Tenant or any party acting by, through or under Tenant (including, without limitation, any employee, agent, contractor or invitee of Tenant), then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is the result of Tenant’s use or occupancy of the Premises. Any and all reasonable costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ fees and costs, shall be Additional Rent and shall be due and payable to Landlord within thirty (30) days of Landlord’s demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on in the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession (unless the same is caused by the negligence of Landlord or any employee, contractor or agent of Landlord), or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, except as permitted pursuant to Section 5.9, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's ’s consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's ’s consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's ’s employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithlaboratory use. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplymaterials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the life sciences industry (which are applicable to the Building) for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course of Tenant's ’s business, and then only after written notice is given to Landlord of the identity of such substances or materials (includingas provided herein. Prior to the Premises A Rent Commencement Date, without limitationTenant shall provide Landlord with copies of all applicable permits in connection with Tenant’s use in, oil)on or around the Premises of hazardous substances or any other substances regulated under Federal, state or local law. On the anniversary date of each Lease Year, Tenant shall annually certify to Landlord the type and quantity of hazardous substances used in, on or around the Premises. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of TenantPremises, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's ’s Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s reasonable request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession of the Premises, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (BG Medicine, Inc.)
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement Building or anywhere on the Land, nor permit the occurrence of any nuisance therein or the emission therefrom of any objectionable noise, light noise or odor, nor use or permit any use of the Premises Premises, Building or Land which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the BuildingBuilding or the Land. If Tenant's use of Tenant uses the Premises for other than general office purposes (without in any way suggesting or implying that Tenant has the right to do so) and such use results in an increase in the premium for any insurance on the Building or the contents thereofits contents, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesrent. Tenant may not not, without Landlord's consent consent, install in the Premises any pay telephones, vending machines, water fountains, water-connected coffee makers, water-connected refrigerators, sinks or cooking equipment equipment, provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if and further provided that Landlord determines that special venting or other matters are not required in connection therewith. Tenant shall not (either Landlord consents to the installation of kitchenettes in the Premises as part of the initial construction, subject to and in accordance with or without negligence) cause or permit Section 2.1. and Landlord also consents to the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry bottled water dispensers for the storage and use of such substances or materials, nor allow to be brought into the Building any such materials or substances except to use in the ordinary course convenience of Tenant's business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil). Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 et seqemployees., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
Samples: Pure Atria Corp
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesAdditional Rent. Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters material renovations are not required in connection therewith. Tenant shall not (either with or without negligence) Landlord's prior written consent keep, cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance ("Hazardous Substances") on or about the Premises or Building or Complex except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner not sanctioned by law Hazardous Substance stored with Landlord's consent, Tenant shall: (i) promptly, timely and completely comply with all federal, state or by the highest standards prevailing in the industry local governmental requirements for the storage reporting and use record keeping, (ii) within five (5) Business Days of such substances or materialsLandlord's request, nor allow provide evidence satisfactory to be brought into the Building any such materials or substances except to use in the ordinary course Landlord of Tenant's businesscompliance with all applicable federal, state or local laws, regulations or ordinances and then only after written notice is given to Landlord comply with all federal, state and local laws, regulations or ordinances regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of the identity of such substances or materials (including, without limitation, oil)Hazardous Substances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, any other applicable state or local laws governing the use, storage, transportation or disposal of hazardous materials and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of hazardous substances or materials Hazardous Substances on the Premises. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement is imposed because of Tenant's particular use or activities in the Premises. Any and all reasonable costs incurred by Landlord and associated with Landlord's inspections of the Premises and Landlord's monitoring of Tenant's compliance with this Section 5.2, including Landlord's attorneys' fees and costs, shall be Additional Rent and shall be due and payable to Landlord within ten (10) days of Landlord's demand. Tenant shall be fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant's use, disposal, transportation, generation and/or sale of, or Tenant's causing or permitting the escape, disposal or release, of any biologically or chemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 5.6 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease. In the event of a release of Hazardous Substances or a requirement for testing to ascertain whether or not there has been a release of Hazardous Substances that is caused by Landlord, and for which Tenant is not responsible as provided above, then Landlord shall hold Tenant harmless from any cost, loss or liability relating thereto, including without limitation attorneys' fees and costs of defense, and the costs so incurred by Landlord shall not be considered Landlord's Operating Expenses.
Appears in 1 contract
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement improvements on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building Premises or its contents or which is liable to render necessary any alterations or additions in the BuildingPremises, nor obstruct in any manner any portion of the BuildingPremises. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building Premises or the contents thereof, Landlord shall notify Tenant in writing of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's ’s consent, which consent may be withheld at Landlord’s sole discretion, install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewithequipment. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, substances or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplymaterials. Tenant shall not allow the storage or use of such substances or materials (except for customary cleaning materials in de minimis amounts) in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building Premises any such materials or substances except to use in the ordinary course of Tenant's ’s business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil)materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §§ 9601 et seq., the Resource Conservation and Recovery Act, as amended, . 42 U.S.C. (S)6901 §§ 6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C21 C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, amended M.G.L. Chapter 21E21 E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed paid by Tenant to Landlord upon written demand as additional charges if Tenant is responsible for such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expensesrelease. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s reasonable request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances materials or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant or any person acting under Tenant is in possession, or occurring elsewhere than on the Premises if caused by Tenant or persons acting under Tenant. Furthermore, the Tenant shall indemnify and hold harmless the Landlord in the event that Tenant, or any person acting under Tenant, creates a hazardous condition on the Property or releases hazardous materials on the Property which, prior to Tenant’s actions, were not hazardous.
Appears in 1 contract
Samples: Ikos Systems Inc
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the Land, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofthereof (or would result in such an increase if the Landlord were not self-insuring), Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesAdditional Rent. EAST\66392481.7 Tenant may shall not without Landlord's ’s prior written consent install in the Premises any pay telephoneskeep, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewith. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substancesstore, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Tenant shall not allow the storage or use of such any substances or materials designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any federal, state or local law, regulation or ordinance (“Hazardous Substances”) in, on, under or about the Premises or Building or Xxxxx Xxxxx Office Park except for ordinary cleaning and office supplies used and stored in accordance with applicable law. With respect to any manner Hazardous Substance kept, stored or used with Landlord’s consent, Tenant shall: (i) not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building permit any such materials Hazardous Substance to escape, be released, or substances except to use in be disposed of in, or about the ordinary course of Tenant's businessPremises, Building, Xxxxx Xxxxx Office Park, or Land, (ii) promptly, timely and completely comply with all federal, state or local governmental requirements concerning such Hazardous Substances, including without limitation, use, sale, transportation, generation, treatment, disposal, reporting and record keeping, and then only (iii) within five (5) Business Days after written notice is given Landlord’s request, provide evidence satisfactory to Landlord of the identity of such substances Tenant’s compliance with all applicable federal, state or materials (includinglocal laws, without limitation, oil)regulations or ordinances. Without limitation, hazardous substances and materials Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. In addition, Tenant shall execute affidavits, representations and the like, correcting as appropriate any factual representations which are not then correct, from time to time at Landlord’s reasonable request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materialsHazardous Substances and Landlord, in good faith, has reason to believe that Tenant or any party acting under or through Tenant has caused such release or is otherwise in breach of this Section 5.2, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written within thirty (30) days after demand as additional charges Additional Rent and if such requirement applies to the Premises due to specific activities of Tenant, and if Building or the requirement applies to the Building Land generally, then such costs shall be included in Landlord's ’s Operating Expenses. In additionAny and all reasonable costs incurred by Landlord in connection with Landlord’s monitoring of Tenant’s compliance with this Section 5.2, including Landlord’s attorneys’ reasonable fees and costs, shall be Additional Rent and shall be due and payable to Landlord within thirty (30) days after Landlord’s demand. Tenant shall execute affidavitsbe fully and completely liable to Landlord (either with or without negligence) for any and all cleanup costs and expenses and any and all other charges, representations expenses, fees, fines, penalties (both civil and criminal) and costs imposed with respect to Tenant’s use, disposal, transportation, generation and/or sale of, or Tenant’s causing or permitting the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence escape, disposal or release, of hazardous substances any biologically or materials on the Premiseschemically active or other Hazardous Substance. In all events, Tenant shall indemnify Landlord in the manner as provided in Section 5.5 from any release of hazardous materials on Hazardous Substances in the Premises not existing on or before the date hereof and occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The provisions of this Section 5.2 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: IntraLinks Holdings, Inc.
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the LandBuilding, nor permit the occurrence of any nuisance therein or the emission therefrom of any objectionable noise, light odor, vibration, or odorlights, nor use or permit any use of the Premises which in Landlord's reasonable judgment involves moral turpitude, is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium for any insurance on the Building or its contents (Landlord hereby representing that the use of the Premises for the Permitted Uses in accordance herewith does not, as of the date hereof, cause any such invalidation or increase) or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the BuildingBuilding (outside of the Premises) or the Land. If Tenant's use of the Premises results in an increase in the premium for any insurance on the Building or the contents thereofits contents, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional chargesrent. Except as otherwise provided in Tenant's Plans, Tenant may not without Landlord's consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment (other than microwave ovens) provided that Landlord's consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's employees which are customary for office employees if employees, and further provided that Landlord determines that special venting or other matters are not required in connection therewith. Tenant shall not (either with or without negligence) cause or (with respect to matters within Tenant's control) permit any damage to, and shall not permit its employees, agents, contractors and invitees to cause any damage to, the Premises, the Building or any component thereof or any land pertaining thereto, by the escape, disposal or release of any biologically or chemically active or other hazardous agents, substances, or materials (excluding normal office supplies in normal office quantities)materials. Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supply. Nor shall Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into onto the Building Premises any such materials or substances except to use in the ordinary course of Tenant's business, and then (with respect to any such substances or materials other than ordinary office and cleaning supplies) only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil)materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 S9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C21, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require periodic testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs of such testing thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of Tenant, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's Operating Expensesrent. In addition, Tenant shall shall, from time to time upon Landlord's reasonable request, execute affidavits, representations and the like from time to time at LandlordXxxxxxxx's request concerning TenantXxxxxx's best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant Xxxxxx shall indemnify Landlord in the manner elsewhere provided in Section 5.5 from any release of hazardous materials on the Premises not existing on or before the date hereof and occurring while Tenant is in possessionpossession if such release was caused or permitted by Tenant, or elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
Samples: Lease (Cascade Communications Corp)
USE, WASTE AND NUISANCE. Throughout the Term, Tenant shall continuously occupy the Premises in their entirety, shall use the Premises for the Permitted Uses only, and shall not use the Premises for any other purpose. Tenant shall not injure, overload, deface or commit waste in the Premises or any part of the improvement on the LandProject, nor permit the emission therefrom of any objectionable noise, light or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to invalidate or increase the premium (unless Tenant reimburses Landlord for the additional cost) for any insurance on the Building Project or its contents or which is liable to render necessary any alterations or additions in the BuildingProject, nor obstruct in any manner any portion of the BuildingProject. Tenant shall not, directly or indirectly, cause any labor disharmony and, if Tenant does so cause any disharmony, shall be responsible for all costs incurred to restore labor harmony. If Tenant's ’s use of the Premises results in an increase in the premium for any insurance on the Building Project or the contents thereof, Landlord shall notify Tenant of such increase and Tenant shall pay same as additional charges. Tenant may not without Landlord's ’s consent install in the Premises any pay telephones, vending machines, water fountains, refrigerators, sinks or cooking equipment provided that Landlord's ’s consent will not be unreasonably withheld with respect to items designed for the convenience of Tenant's ’s employees which are customary for office employees if Landlord determines that special venting or other matters are not required in connection therewith. Landlord may require that Tenant obtain maintenance, other services, and supplies for such items at competitive rates from Landlord or from an independent vendor designated by Landlord, the cost thereof to constitute a restricted item under Section 2.6.1 for any such item obtained from Landlord. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials (excluding normal office supplies in normal office quantities). Landlord acknowledges Tenant's use of up to 500 gallons of diesel fuel in connection with Tenant's Generator, and Tenant's use of a battery powered uninterrupted power supplymaterials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Building Project any such materials or substances except to use in the ordinary course of Tenant's ’s business, and then only after written notice is given to Landlord of the identity of such substances or materials (including, without limitation, oil)materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9601 §§ 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. (S)6901 §§ 6901 et seq., the Massachusetts Hazardous Waste Management Act, as amended, M.G.L. Chapter 21C, and/or and the Massachusetts Oil and Hazardous Material Release Prevention Act, as amended, M.G.L. Chapter 21E, and the regulations adopted under these acts. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon written demand as additional charges if such requirement applies to the Premises due to specific activities of TenantPremises, and if the requirement applies to the Building generally, then such costs shall be included in Landlord's ’s Operating Expenses. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's ’s request concerning Tenant's ’s best knowledge and belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in Section 5.5 from any release of hazardous materials on the Premises not existing on occurring during the Term or before the date hereof and occurring while Tenant or any Subtenant (as defined in Section 5.9 hereof) of Tenant or any other party claiming under Tenant is in possessionpossession of the Premises, or from a release of hazardous materials elsewhere if caused by Tenant or persons acting under Tenant.
Appears in 1 contract
