Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used for the Permitted Use use or uses set forth in Paragraph 1.7 above, and for no other purpose. Tenant agrees shall not to use or permit the use of the Premises to be used for any other purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingwhatsoever. Tenant shall conduct its business use and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain occupy the Premises in a clean and healthful condition, and comply compliance with all applicable federal, state and local laws, codes, rules, ordinances, ordersstatutes and other requirements (collectively, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use"Laws") (which Laws shall include, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding Act of 1990, applicable fire-life safety codes of the foregoingCity where the Premises is located, and governmental requirements imposed in connection with the development or occupancy of the Building, including, without limitation, participation in any transportation management programs and compliance with any applicable air quality/trip reduction requirements), and shall, upon written notice from Landlord, not Tenant, shall be responsible for complying with discontinue any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Premises which is declared by any governmental authority having jurisdiction to be a violation of applicable Laws; provided that the provisions of this sentence shall not obligate Tenant to make any structural alterations or improvements to the Premises required to comply with applicable Laws unless such compliance is necessitated by Tenant's particular design use of, or configuration of Alterations to, the Premises. Tenant shall make any and all alterations or improvements to the Premises required to comply with applicable Laws; except that Tenant shall not be required to make structural alterations or improvements to the Premises required to comply with applicable Laws unless such compliance is necessitated by Tenant's particular use of, or Alterations to, the acts or omissions Premises. Tenant shall comply with all reasonable rules, orders, regulations and requirements of Tenant any insurance authority having jurisdiction over the Project or any present or future insurer relating to the Premises or the Project. Tenant Related Parties shall promptly, upon demand, reimburse Landlord for any additional premium charged for any existing insurance policy or any alterations, additions, or improvements (including the Landlord Work) performed endorsement required by or on behalf reason of Tenant in the Premises; Tenant's responsibility for compliance failure to comply with the provisions of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy this Paragraph 6 or by reason of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule use or regulation occupancy of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will comply in any manner obstruct or interfere with the rules and regulations rights of other tenants or occupants of the Building adopted and altered by Landlord from time Project, or injure them, or use or allow the Premises to time and will cause all of its agentsbe used for any unlawful purpose, servantsnor shall Tenant cause, contractorsmaintain or permit any nuisance in, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of on or about the existing rules and regulations is attached hereto as Exhibit D and made a part hereofPremises. Tenant agrees shall not to commit or allow any waste suffer to be committed on any portion of the Premises, and at the termination of this Lease to deliver up waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Tenant shall not place a load upon the Premises exceeding the Building's maximum floor load capacity. Landlord reserves the right to Landlord reasonably prescribe the weight and positions of all safes, files and heavy equipment which Tenant desires to place in accordance with Article XXXV hereofthe Premises so as to distribute properly the weight thereof.
Appears in 1 contract
Samples: Sport Chalet Inc
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment exceeding the maximum structural capacity of the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require any increase in ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) attributable to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Use. The Tenant will occupy the Leased Premises shall continuously and in entirety and will not use or permit any portion of the Leased Premises to be used for the Permitted Use any purpose other than for general office space and for no other purposerelated administrative activities. Tenant agrees may not to use or permit the use of the Leased Premises for any purpose which is illegalunlawful, dangerous to lifedisreputable, limb or property or which, in adversely affects Landlord's opinion, creates a nuisance leasing of the Building or which would increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant results in any increase in the cost of insurance coverage with respect covering the Building or its contents, Tenant agrees to pay to Landlord the Buildingamount of such increased cost as Additional Rent. Tenant shall will conduct its Tenant's business and will control its Tenant's agents, servants, contractors, employees, customers, licensees, licensees and invitees in such a manner as not to create any nuisance, or interfere with, annoy or disturb other tenants, tenants or in any way interfere with Landlord in the management and operation of the BuildingLandlord. Tenant will maintain the Leased Premises in a clean and healthful condition. Tenant, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of at Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenantexpense, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from comply and shall cause Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do socomply fully with: (a) the Building Regulations; (b) all Laws pertaining to Tenant's use of the Leased Premises; (c) all other Legal Requirements, including all applicable Laws pertaining to air and water quality, hazardous materials, waste disposal, all emissions and other environmental matters; and (d) all zoning and other land use matters and with any directive of any Governmental Authority, pursuant to Law, which shall impose any duty upon Landlord or Tenant with respect to the use or occupancy of the Leased Premises. All changes to such rules and regulations Tenant will not erect or install any sign or other type of display whatsoever, either upon the exterior of the Building or on the Land, upon or in any window of the Building, or any Common Area, without the prior written consent of Landlord, which may be sent granted or withheld in Landlord's sole discretion. Any signs or other type of display which Tenant installs without Landlord's prior written consent may be removed by Landlord to and Tenant in writingshall reimburse Landlord for such cost promptly upon receipt of an invoice from Landlord. A copy 90 Americans With Disabilities Act Requirements. Landlord is responsible for and will maintain the Common Areas of the existing rules Building in substantial compliance with the public accommodations provisions of Title III of the Americans With Disabilities Act of 1990, as amended (the "ADA"), and regulations is attached hereto as Exhibit D and made a part hereofLandlord shall bear the cost of any improvements, repairs, renovations or modifications to the Common Areas that may from time to time be required to bring the Building into compliance or maintain the Building's compliance with Title III of the ADA. Tenant agrees not shall indemnify and hold Landlord harmless from and against any losses, costs, damages or claims of whatever nature, arising out of or in connection with the compliance requirements set forth in the ADA, as amended, relating to commit or allow any waste to be committed on any portion the use and occupancy of the PremisesLeased Premises and/or alteration and/or renovation of the Leasehold Improvements, including, but not limited to, any changes necessitated because of the specific needs of Tenant's employees. 100 Landlord's Services and at the termination of this Lease to deliver up the Premises to Other Obligations. Landlord in accordance with Article XXXV hereof.and Tenant hereby agree as follows: -----------------------------------------
Appears in 1 contract
Samples: Agreement (Catalog Com Inc)
Use. The Tenant shall use the Premises shall be used for only the Permitted Use following use and for no other purpose: general office purposes. Tenant agrees not to acknowledges that Tenant has determined and verified that such use or is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant's use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the BuildingPremises. Tenant shall conduct its business use and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain occupy the Premises in a clean safe and healthful conditioncareful manner, without committing or permitting waste, and comply with Tenant shall, at Tenant's sole cost and expense, conform to and obey all requirements of the Fire Underwriters Association and all laws, ordinances, ordersrules, rules regulations and regulations orders of any governmental entity with reference bodies having jurisdiction over the Premises applicable to the operation use and occupancy of the Premises and any repairs or work performed on the Premises by Tenant or at the request of Tenant. If Tenant's business and activities on the Premises produce gases, vapors, odors, smoke or residuary material disturbing to Landlord or other tenants or occupants of Landlord's Property, then upon Landlord's request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord's reasonable judgment, to eliminate the usedisturbance. If Tenant's use of the Premises increases the cost of Landlord's Insurance (as hereinafter defined) with respect to Landlord's Property or the cost of insurance for any other tenant of Landlord's Property, conditionthen Tenant shall reimburse Landlord or such other tenant, configuration as the case may be, for such additional cost upon demand. Tenant shall not display or occupancy store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or burn or place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant except in suitable containers therefor in the Premises; Tenant's responsibility areas designated for compliance rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises with ADA shall not include in a clean, safe and healthy condition, but in any upgrade event at least one (1) time per week. If Tenant fails to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises provide for the Permitted Use (as distinguished from Tenant's particular manner removal of use) its rubbish, then Landlord may cause the same to be removed and Tenant shall not impose reimburse Landlord for the cost thereof immediately upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premisesdemand. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up permit the Premises to be vacant or abandoned or be used in any way which may be a nuisance, annoyance or inconvenience or which may result in damage to Landlord in accordance with Article XXXV hereofor other tenants of Landlord's Property.
Appears in 1 contract
Samples: U-Store-It Trust
Use. a. The Premises shall be used for the Permitted Use general office and related ancillary purposes and for no other purposepurpose(s). In the event Tenant agrees not abandons the Premises or ceases use and occupancy thereof for general office and related ancillary purposes, which abandonment or cessation continues for a period of one hundred eighty (180) consecutive days or longer, or Tenant otherwise delivers written notice to use or permit the use Landlord of Tenant’s intention to vacate, abandon, otherwise cease to continue in possession of the Premises for (an “Abandonment Notice”), regardless of the period of any purpose abandonment or cessation of operations at the time such Abandonment Notice is given (each, a “Material Cessation of Operations”), then Landlord shall have the express and specific remedy to terminate this Lease on account of such Material Cessation of Operations, which is illegaloption may be exercisable by Landlord giving notice thereof to Tenant at any time after the date on which such 180-day period expires or after the date on which Landlord receives any Abandonment Notice from Tenant, dangerous to lifeas applicable (the “Recapture Notice”). If Landlord gives the Recapture Notice, limb or property or whichthen this Lease shall terminate upon the thirtieth (30th) day (the “Recapture Date”) after the date on which Tenant receives Landlord’s Recapture Notice. Until the Recapture Date, the Lease shall remain in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. full force and effect and Tenant shall conduct its business and control its agentscontinue to be bound thereby including, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Actobligations to pay Rent hereunder until the Recapture Date. If Landlord expressly exercises its rights under this Section 20, then on and after the Recapture Date, there shall be no further liability on the part of Landlord or Tenant except for obligations that expressly survive the expiration or sooner termination of this Lease. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance event Tenant resumes possession of the Premises with ADA shall not include any upgrade and recommences to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy use and occupy of substantially all of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations Rentable Area of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord same in accordance with Article XXXV hereofthis Section 20 after its receipt of a Recapture Notice, but prior to the Recapture Date, then such resumption of possession and continuation of use and occupancy by Tenant shall negate the effectiveness of Landlord’s Recapture Notice and this Lease shall remain in full force and effect.
Appears in 1 contract
Samples: Office Lease Agreement (Surgical Care Affiliates, Inc.)
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for complying the compliance of the Common Areas of the Project with any lawLegal Requirements as of the Commencement Date. Following the Commencement Date, ordinanceLandlord shall, order, rule or regulation of any governmental agency as an Operating Expense (to the extent that such requires any structural alterationsLegal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, unless as compared to other tenants of the need to make a structural alteration results from Tenant's manner of Project, particular use of the Premises, Premises or Tenant's particular design ’s Alterations) make any alterations or configuration modifications to the Common Areas or the exterior of the PremisesBuilding that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the acts interior or omissions the exterior of Tenant the Premises or any Tenant Related Parties or any alterationsthe Project that are required by Legal Requirements (including, additionswithout limitation, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade the ADA) related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Permitted Use same (as distinguished including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from Tenant's particular manner and against any and all Claims arising out of use) shall not impose upon Tenant any responsibility for compliance or in connection with any law, ordinance, order, rule or regulation failure of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement.
Appears in 1 contract
Samples: Lease Agreement (OvaScience, Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as Net Multi-Tenant Laboratory 825 Industrial/Allakos - Page 9 proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project and Landlord’s Work with Legal Requirements as of the Rent Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any purpose which is illegaland all demands, dangerous to lifeclaims, limb liabilities, losses, costs, expenses, actions, causes of action, damages or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesjudgments, and invitees all reasonable expenses incurred in such a manner as not to interfere withinvestigating or resisting the same (including, annoy or disturb other tenantswithout limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in any way interfere connection with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference Legal Requirements related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations (but not including without limitationLandlord’s Work), the Americans with Disabilities Act. Notwithstanding the foregoingand Tenant shall indemnify, Landlorddefend, not Tenant, shall be responsible for complying hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any lawbreach of this sentence. Tenant acknowledges that Landlord may, ordinancebut shall not be obligated to, orderseek to obtain Leadership in Energy and Environmental Design (LEED), rule WELL Building Standard, or regulation of any governmental agency other similar “green” certification with respect to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and Tenant agrees, at the termination of this Lease no material cost to deliver up the Premises Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Samples: Lease Agreement (Allakos Inc.)
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use sot forth in Article l.G. of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the use of the Premises same to be used or Occupied for any other purpose without the prior written consent of Landlord, which is illegal, dangerous to life, limb consent may be given or property or which, withheld (a) in Landlord's opinion’s sole and absolute discretion, creates a nuisance or which would increase the cost of insurance coverage with respect to the BuildingSuite 300 Premises, and (b) in Landlord’s discretion, which shall not be unreasonably withheld, with respect to the Suite 100 Premises. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees agrees that it will use the Premises in such a manner so as not to interfere with, annoy with or disturb infringe upon the rights of other tenants, tenants or in any way interfere with Landlord occupants in the management and operation of the BuildingProject. Tenant will maintain the Premises in a clean shall, at its sole cost and healthful conditionexpense, and promptly comply with all laws, statutes, ordinances, orders, rules and governmental regulations of any governmental entity with reference or requirements now in force or which may hereafter be in force relating to or affecting (i) the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, Premises or the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency Project (excluding structural changes to the extent that such requires any structural alterations, unless the need Project not related to make a structural alteration results from Tenant's manner of ’s particular use of the Premises), Tenant's particular design and (ii) improvements installed or configuration of constructed in the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed Premises by or on behalf for the benefit of Tenant. Tenant in the Premises; Tenant's responsibility for compliance shall not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises with ADA to occupy the Premises at any time. Tenant shall not include any upgrade do or permit to be done anything which would invalidate or increase the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation cost of any governmental agency fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to the extent that by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such requires any structural alterations insurance policy assessed or increased by reason of Tenant’s failure to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination provisions of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofArticle.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery installed by it in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Net Multi-Tenant Laboratory 801 Capitola/Heat Biologics - Page 8 Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy Common Areas or disturb other tenants, or in any way interfere with Landlord in the management and operation exterior of the BuildingBuilding that are required by Legal Requirements. Tenant will maintain Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises in a clean and healthful conditionthat are required by Legal Requirements (including, and comply without limitation, compliance of the Premises with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from Tenant's particular manner and against any and all Claims arising out of use) shall not impose upon Tenant any responsibility for compliance or in connection with any law, ordinance, order, rule or regulation failure of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises for or Tenant’s alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the BuildingCommon Areas or the exterior of the Building that are required by Legal Requirements. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner Except as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord set forth in the management and operation two sentences immediately preceding, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building. Tenant will maintain Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, Except as otherwise expressly set forth in this Lease. Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements" and each, a "Legal Requirement"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which Is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, shall be responsible for complying with any lawincrease the Insurance risk, ordinance, order, rule or regulation cause the disallowance of any governmental agency sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a "place of public accommodation", as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent that such requires any structural alterations, unless Legal Requirement is generally applicable to similar buildings in the need to make a structural alteration results from area in which the Project is located) or at Tenant's manner expense (to the extent such Legal Requirement is applicable solely by reason of Tenant's, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Project that are required by Legal Requirements, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"). In addition, Landlord Work) performed by shall, at Landlord's expense, make any alterations or on behalf of Tenant in modifications to the Premises; Tenant's responsibility for Premises that are required due to the non-compliance of the Premises with ADA shall not include any upgrade the Legal Requirements applicable to the Building electrical systemPremises as of the Commencement Date. Landlord acknowledges Except as otherwise set forth in this Section 7. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant's mere use or occupancy of the Premises or any alterations or modifications made by Tenant. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses Incurred in investigating or resisting the Permitted Use same (as distinguished from Tenant's particular manner including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of usesuit) shall not impose upon Tenant any responsibility for compliance with any law(collectively, ordinance, order, rule or regulation "Claims") arising out of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations failure of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in accordance connection with Article XXXV hereofany failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use set forth in Article 1.F. of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, provided Tenant is in compliance with the terms of this Lease and any applicable laws or other rules and regulations, and Tenant agrees that it will use of the Premises for any purpose which is illegal, dangerous in such a manner so as not to life, limb interfere with or property infringe upon the rights of other tenants or which, occupants in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct shall, at its business sole cost and control its agentsexpense, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and promptly comply with all laws, statutes, ordinances, ordersgovernmental regulations or requirements (including, rules without limitation all Hazardous Material Laws as defined in Section 28(e) below and regulations any laws which may require Tenant to temporarily cease operations or prohibit or reduce Tenant’s use of any governmental entity with reference the Premises) now in force or which may hereafter be in force relating to or affecting (i) the operation of Tenant's business and to the use, condition, configuration use or occupancy of the PremisesPremises or the Building, including without limitationand (ii) DOCPROPERTY "DocID" \* MERGEFORMAT improvements, trade fixtures and equipment installed or constructed in the Americans with Disabilities ActPremises by or for the benefit of Tenant. Notwithstanding Tenant hereby agrees and acknowledges that the foregoingmanufacture, Landlordcultivation, not Tenantsale, use, trade or possession of any drugs or other substance in violation of the laws of the United States of America in the Premises shall be responsible for complying with a material breach of this Lease (without any lawapplicable notice and cure period) except where Tenant has obtained an applicable license permitting such use by a relevant governmental authority. Tenant shall comply with, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of and Tenaxx’x rights and obligations under this Lease and Tenaxx’x use of the PremisesPremises shall be subject and subordinate to, all recorded easements, covenants, conditions, restrictions and other Underlying Documents now or hereafter affecting the Property. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any insurance policy covering the Property and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance ’s use of the Premises or failure to comply with ADA the provisions of this Article 7. If applicable, Tenant shall comply with Landlord’s reasonable sustainability practices applicable to the Property, if any, and shall not include permit any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy use of the Premises for which may affect the Permitted Use (as distinguished from Tenant's particular manner continued certification of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency the Property issued pursuant to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit LEED rating system (or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofother applicable certification standard).
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and for no other purposerestrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). Tenant agrees shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not to use or permit the use of the Premises to be used for any purpose which is illegal, dangerous to life, limb or property in any manner that would void Tenant's or which, in Landlord's opinioninsurance, creates a nuisance or which would increase the cost insurance risk, or cause the disallowance of insurance coverage with respect to the Buildingany sprinkler or other credits. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant's failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant's use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications, to the useinterior or the exterior of the Premises or the Project, conditionthat are required by Legal Requirements (including, configuration without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenantas part of Operating Expenses, shall be responsible for complying compliance of the Project (other than the Premises) with any law, ordinance, order, rule or regulation ADA. Landlord shall not be responsible for ADA compliance of any governmental agency the Project to the extent that such requires any structural alterations, unless the need compliance is related to make a structural alteration results from or required by Tenant's manner of use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant's particular design Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or configuration judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of the Premisessuit) (collectively, the acts "CLAIMS") arising out of or omissions in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of Tenant or in connection with any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Samples: Lease Agreement (Viacell Inc)
Use. The Tenant shall use the Premises shall be used only for the Permitted Use general office, electronics design, manufacturing, storage and laboratory research (including laboratory research with rodents) or only as otherwise outlined and stated in this Lease, and for no other purpose. Tenant agrees not to use or permit purpose without the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building’s prior written consent. Tenant shall conduct its business and control its agentsnot do, servantsbring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is increased as a result of Tenant’s use, contractorsTenant shall pay to Landlord within ten (10) days after written demand from Landlord, employees, customers, licensees, and invitees in the amount of any such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Buildingincrease. Tenant will maintain the Premises in a clean and healthful condition, and shall comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to laws concerning the operation of Premises or Tenant's business and to the use, condition, configuration or occupancy ’s use of the Premises, including without limitation, the Americans obligation at Tenant’s cost to alter, maintain, or restore the Premises in compliance and conformity with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency all laws relating to the extent that such requires any structural alterationscondition, unless use, or occupancy of the need to make a structural alteration results from Tenant's manner Premises by Tenant during the term of this Lease. Tenant shall not use or permit the use of the PremisesPremises in any manner that will tend to create waste or a nuisance or, Tenant's particular design or configuration if there shall be more than one tenant of the building containing the Premises, the acts or omissions which shall unreasonably disturb any other tenant. Subject to satisfactory completion of Tenant or any Leasehold Improvements, Tenant Related Parties or any alterations, additions, or improvements (including hereby accepts the Landlord Work) performed by or on behalf Premises in their condition existing as of the date that Tenant in possesses the Premises; Tenant's responsibility for compliance , subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the use of the Premises with ADA shall not include and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges that neither the Landlord nor the Landlord’s agent has made any upgrade representation or warranty to Tenant as to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy suitability of the Premises for the Permitted Use (as distinguished from conduct of Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof’s business.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, Net Laboratory 10628 Science Ctr./Turning Point - Page 8 regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy Common Areas or disturb other tenants, or in any way interfere with Landlord in the management and operation exterior of the BuildingBuilding that are required by Legal Requirements. Tenant will maintain Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises in a clean and healthful conditionthat are required by Legal Requirements (including, and comply without limitation, compliance of the Premises with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s particular use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's ’s particular manner use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and Tenant agrees, at the termination of this Lease no material cost to deliver up the Premises Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the BuildingCommon Areas or the exterior of the Building that are required by Legal Requirements. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner Except as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord provided in the management and operation two immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Building. Tenant will maintain Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's particular manner ’s use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and Tenant agrees, at the termination of this Lease no material cost to deliver up the Premises Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Samples: Lease Agreement (Atreca, Inc.)
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, shall be responsible for complying with any lawincrease the insurance risk, ordinance, order, rule or regulation cause the disallowance of any governmental agency sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”; as defined in the extent that ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such requires any structural alterationsinsurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the premises. Tenant will use the Premises in a careful, unless safe and proper manner and will not commit or permit waste, overload the need to make a structural alteration results from Tenant's manner of use floor or structure of the Premises, Tenant's particular design subject the Premises to use that would damage the Premises or configuration obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the acts Premises to be used for any unlawful purpose. Tenant shall cause any equipment or omissions of Tenant machinery to be installed in the Premises so as to reasonably prevent sounds or any Tenant Related Parties or any alterations, additionsvibrations from the Premises from extending into Common Areas, or improvements (including the Landlord Work) performed by or on behalf of Tenant other space in the Premises; Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's responsibility ’s Share as usually furnished for the Permitted Use. Multi-Tenant Laboratory 1616 Eastlake/Atossa Genetics - Page 4 Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA shall not include any upgrade the ADA) related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s use or occupancy of the Premises and Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Permitted Use same (as distinguished including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from Tenant's particular manner and against any and all Claims arising out of use) shall not impose upon Tenant any responsibility for compliance or in connection with any law, ordinance, order, rule or regulation failure of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which has been declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord within 10 days after Xxxxxxxx’s written demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Xxxxxx’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, overload the floor or structure of the Premises, knowingly subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord not to be unreasonably withheld, conditioned or delayed. Tenant acknowledges that Xxxxxxxx’s business operations are proprietary to Landlord. Absent prior written consent from Landlord, Tenant shall hold confidential and will not disclose to third parties, and comply with all lawsshall require Tenant Parties to hold confidential and not disclose to third parties, ordinancesinformation concerning Landlord’s business operations, ordersincluding but not limited to information regarding the systems, rules controls, equipment, programming, vendors, tenants, and regulations specialized amenities of any governmental entity with reference Landlord, except to the operation extent required by Legal Requirements or in response to a request by a Governmental Authority (in which case Tenant shall provide written notice to Landlord prior to making any such required disclosure). Landlord shall be responsible, at Xxxxxxxx’s sole cost and expense and not as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Tenant's business and , at its sole expense, shall make any alterations or modifications to the useinterior of the Premises that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying with any lawand all demands, ordinanceclaims, orderliabilities, rule losses, costs, expenses, actions, causes of action, damages or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premisesjudgments, and at all reasonable expenses incurred in investigating or resisting the termination same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of this Lease to deliver up the Premises to Landlord suit) (collectively, “Claims”) arising out of or in accordance connection with Article XXXV hereof.Legal Requirements, and Tenant shall indemnify, defend, hold and save
Appears in 1 contract
Use. The Premises shall be used and occupied for the Permitted Use general business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant agrees represents and warrant to, and covenants with, Landlord that the Premises shall not be used as a “public accommodation” as defined in the Americans With Disabilities Act. As used in this Lease, the term “Laws” means all laws, codes, rules, regulations, ordinances and directives of all governmental and quasi-governmental authorities with jurisdiction now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from any previously existing policy, including, without limitation, laws; codes; rules, regulations and ordinances pertaining to industrial hygiene, Hazardous Materials, and the Americans With Disabilities Act and local ordinances pursuant thereto, including handicap access requirements. At Tenant’s sole cost and expense, Tenant shall comply with all Laws applicable or relating to: (1) the Premises and/or Tenant’s use or permit occupancy of the Premises; (2) the manner or conduct of Tenant’s business or the operation of its installations; equipment or other property; (3) any cause or condition created by or at the request of Tenant; or (4) the breach of any of Tenant’s obligations under this Lease. Tenant’s obligations hereunder to comply with all Laws shall include the obligation to make any and all alterations and improvements to the Premises and other portions of the Building required in order to comply with Laws; provided, however, that Tenant shall not be required to make structural alterations or capital improvements unless such compliance is triggered or necessitated by Tenant’s use of the Premises for any purpose which is illegal, dangerous to life, limb other than general office use (or property or which, Tenant’s change in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design ; regardless of the nature of use) or configuration by any work performed or improvements constructed by or at the request of Tenant (and the cost of such work that is not required to be performed by Tenant shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). Tenant shall give Landlord prompt written notice of any notice that Tenant receives of any violation of any Law relating to the Premises, the acts Building or omissions the Property, or Tenant’s use thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of Tenant or an increase in the existing premium for, any insurance policy coveting the Property or any part thereof. Tenant Related Parties shall not permit the Premises to be occupied or used in any manner that win constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the: Building. Without limiting the foregoing, the Premises shall not be used for (a) educational activities, schools or other training facilities which are not ancillary to corporate, executive or professional office use, (b) practice of medicine or any alterationsof the healing arts, additions(c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or improvements (including i) reservation center operations or uses. Tenant shall not, without the Landlord Workprior consent of Landlord: (i) performed by bring into the Building or on behalf of Tenant the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises; Tenant's responsibility for compliance Premises or the Building or any of the Premises with ADA shall not include any upgrade to heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or .other systems in the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of (“Building Systems”), or jeopardize the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations integrity of the Building adopted and altered by Landlord from time or any part thereof; (ii) connect to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy the utility systems of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to commit any electrical circuit in the Premises any equipment or allow any waste to be committed on any portion other load with aggregate electrical power requirements in excess of 80% of the Premises, and at rated connected load capacity of the termination circuit. Tenant’s use of this Lease electricity shall never exceed the safe capacity of the feeders to deliver up the Premises to Landlord in accordance with Article XXXV hereofProperty or the risers or wiring installation of the Building.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (LendingClub Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment exceeding the maximum structural capacity of the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require any increase in ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) attributable to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterationsalterations or any common area improvements, including common area restrooms, unless the need to make a structural alteration or any common area improvements, including common area restrooms, results from Tenant's particular manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord WorkInitial Alterations) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and reasonably altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project and the Premises with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises for or Tenant’s alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the BuildingCommon Areas or the exterior of the Building (including structural obligations or modifications) that are required by Legal Requirements. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner Except as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord provided in the management and operation two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building. Tenant will maintain Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency anything to the extent that such requires any contrary contained herein, Landlord and not Tenant shall construct structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration alterations of the Premises, the acts Building or omissions the Project, which structural alterations shall be at Tenant’s expense and not an Operating Expense (but only to the extent triggered by reason of Tenant or any Tenant Related Parties or any alterationsTenant’s, additionsas compared to other tenants of the Project, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance specific use of the Premises with ADA shall not include or Tenant’s alterations). Notwithstanding any upgrade other provision herein to the Building electrical system. contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord acknowledges that harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant's mere ’s specific use or occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon or any Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofAlterations.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesBasic Lease Provisions, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere compliance with Landlord all applicable Legal Requirements. As used in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful conditionLease, “Legal Requirements” (collectively, and comply with each, a “Legal Requirement”) shall mean all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference to restrictions now or hereafter applicable to, as the operation of Tenant's business context requires, (i) the Premises, the Building, and/or the Project, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) and/or (ii) Landlord and/or Tenant. Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall be responsible reimburse Landlord within 30 days after written demand for complying any additional premium charged under any such insurance policy then maintained by Landlord for the Project by reason of Tenant’s failure to comply with any lawthe provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises in violation of this Section. Tenant will use the Premises in a careful, ordinancesafe and lawful manner and will not commit or permit waste, order, rule overload the floor or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use structure of the Premises, Tenant's particular design subject the Premises to use that would damage the Premises or configuration materially obstruct or interfere with the rights of Landlord or other tenants or occupants of the Premises, Project (Landlord agreeing that the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy use of the Premises for the Permitted Use (21001083-v13 9800 Medical Center Drive—REGENXBIO INC.—Page 14 will not so obstruct or interfere with such rights), including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as distinguished to reasonably prevent sounds or vibrations from Tenant's particular manner of use) the Premises from extending into Common Areas, or other space in the Project. Tenant shall not impose place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. Except as may be provided under the Tenant Work Letter, Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, delayed, or conditioned), use the Premises in any responsibility for compliance with any lawmanner that will require ventilation, ordinanceair exchange, orderheating, rule gas, steam, electricity or regulation of any governmental agency to water beyond the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations existing capacity of the Building adopted and altered by Landlord from time as proportionately allocated to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofbased upon Tenant’s Share as usually furnished for the Permitted Use.
Appears in 1 contract
Samples: Lease Agreement (REGENXBIO Inc.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord’s Work shall be performed in accordance with applicable Legal Requirements. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's business and ’s specific use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the useCommon Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the immediately preceding sentence, conditionTenant, configuration at its sole expense, shall make any alterations or modifications to the interior of the that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s specific use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's particular manner ’s specific use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at the termination of this Lease Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the BuildingCommon Areas or the exterior of the Building that are required by Legal Requirements. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner Except as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord otherwise expressly provided in the management and operation 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building. Tenant will maintain Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s particular use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's ’s particular manner use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at the termination of this Lease Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and control its agentsproper manner and will not commit or permit waste, servantsoverload the floor or structure of the Premises, contractorssubject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, employeesincluding conducting or giving notice of any auction, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenantsliquidation, or in going out of business sale on the Premises, or using or allowing the Premises to be used for any way interfere with Landlord unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the management and operation Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators which exceeds the structural capacity of the Building. Except as may be provided under the Work Letter, Tenant will maintain shall not, without the prior written consent of Landlord, use the Premises in a clean and healthful conditionany manner which will require ventilation, and comply with all lawsair exchange, ordinancesheating, ordersgas, rules and regulations steam, electricity or water beyond the existing capacity of any governmental entity with reference the Project as proportionately allocated to the operation Premises based upon Tenant’s Share of the Building as usually furnished for the Permitted Use. Tenant and Landlord acknowledge that structural reinforcements may be required in connection with Tenant's business ’s server room and fire proof high density storage rooms. All of the costs related to such structural reinforcements shall be borne by Landlord as part of cost of the Building Shell. Following Landlord’s Delivery of the Premises to Tenant, Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises. Except as otherwise expressly set forth in this Lease, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Samples: Lease Agreement (Exelixis Inc)
Use. The Tenant shall use the Premises for general business office and internet broadcast purposes and uses incidental thereto, and shall not use the Premises, or permit or suffer the Premises to be used for any other purpose without the Permitted Use and for no other purposewritten consent of Landlord, which consent will not be unreasonably withheld, delayed, or conditioned. Tenant agrees shall not to use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, or any master lease underlying the Premises which Tenant has been notified, and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises for any purpose which is illegal, dangerous declared by any governmental authority having jurisdiction to life, limb be in violation of law or property of said certificate of occupancy or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingground lease. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations any direction of any governmental entity with reference to authority having jurisdiction which shall, by reason of the operation nature of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitationimpose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate, restrict or increase the Americans cost of any fire, "All-Risk", extended coverage or other insurance policy covering the Building and/or property located therein, and shall comply with Disabilities Actall rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau, or any other organization performing a similar function. Notwithstanding Tenant shall, promptly, upon demand, reimburse Landlord for any additional premium charged to Landlord for such policy by reason of Tenant's failure to comply with the foregoingprovisions of this Paragraph 8, Landlord, not Tenantand upon such payment, shall not be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use in breach of the Premises, Tenant's particular design preceding sentence. Tenant shall not do or configuration permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additionsBuilding, or improvements (including the Landlord Work) performed by injure or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of annoy them, or use or allow the Premises with ADA to be used for any improper, immoral, unlawful or objectionable purpose, nor shall not include Tenant cause, maintain or permit any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any lawnuisance in, ordinance, order, rule on or regulation of any governmental agency to the extent that such requires any structural alterations to about the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees shall not to commit or allow any waste suffer to be committed any waste in, on any portion of or about the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Samples: Loudeye Corp
Use. The Tenant shall use the Premises shall be used for the Permitted Use and for no other use or purpose. Nothing in this Lease shall be deemed to give Tenant agrees any exclusive right to such use in the Building, the Facility or the Project. Tenant shall not to use do or permit to be done in or about the use Premises nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit H or which is in conflict with or will invalidate any insurance policy covering the Building, the Facility, the Project or any part thereof or which will in any way increase the existing rate of, or affect, any fire or other insurance upon the building or its contents, or which will cause a weight load or stress on the floor or any other portion of the Premises for any purpose in excess of the weight load or stress which the floor or other portion of the Premises is illegal, dangerous designed to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingbear. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawsApplicable Laws affecting the Premises, ordinances, orders, rules and regulations the requirements of any governmental entity board of fire underwriters or other similar body, now or hereafter instituted, and shall also comply with reference any order, directive or certificate of occupancy issued pursuant to any Applicable Laws, which affect the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitationbut not limited to, any requirements of structural changes or other alterations necessitated by or in connection with Tenant's acts, particular manner of use or occupancy of the Americans with Disabilities ActPremises or alteration of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether or not Landlord is a party to such action, shall be conclusive as between Landlord and Tenant in establishing such violation. Notwithstanding the foregoing, (a) Landlord represents that to Landlord's actual knowledge, without any additional inquiry or investigation, Tenant's intended use of the Premises will not Tenantcause any change in the insurance ratings of the Facility or impose any special structural requirements, and (b) Landlord shall be responsible for complying with to remove any law, ordinance, order, rule violation and to correct any condition existing as of the date hereof (whether or regulation not a notice of any governmental agency violation has been issued) in the event such violation or condition must be corrected as a prerequisite to the extent that issuance of a governmental approval for the Tenant Improvements or prevents Tenant from obtaining a Certificate of Occupancy for the Premises; it being understood and agreed, however, if any such requires any structural alterations, unless the need violation or condition is deemed to make a structural alteration results from Tenant's manner of use of exist within the Premises, Tenant's particular design or configuration outside of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements Premises (including the Landlord WorkBase Building) performed by in connection with or on behalf as a result of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use of (as opposed to general office use) shall not impose upon Tenant any responsibility for compliance with any law), ordinanceor particular operation of its business in, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises, including the Tenant Improvements, then Tenant shall be responsible for curing such violation or condition, as the case may be. Tenant will If by reason of Tenant's failure to comply with the rules and regulations provisions of this Article, the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and fire insurance rate shall at the termination beginning of this Lease to deliver up the Premises to or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for that part of all fire insurance premiums thereafter paid by Landlord in accordance with Article XXXV hereof.which shall have been charged because of such failure
Appears in 1 contract
Samples: E Tenant Improvement Agreement (Aames Financial Corp/De)
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use set forth in Section 1! of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner so as not to interfere with, annoy with or disturb infringe upon the rights of other tenants, tenants or in any way interfere with Landlord occupants in the management and operation of the BuildingProject. Tenant will maintain the Premises in a clean shall, at its sole cost and healthful conditionexpense, and promptly comply with all laws, statutes, ordinances, orders, rules and governmental regulations of any governmental entity with reference or requirements now in force or which may hereafter be in force relating to or affecting (i) the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, Premises or the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency Project (excluding structural changes to the extent that such requires any structural alterations, unless the need Project not related to make a structural alteration results from Tenant's manner of ’s particular use of the Premises), Tenant's particular design and/or (ii) improvements installed or configuration of constructed in the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed Premises by or on behalf for the benefit of Tenant. Tenant in the Premises; Tenant's responsibility for compliance shall not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises with ADA to occupy the Premises at any time. Tenant shall not include do or permit to be done anything which would invalidate or increase the cost of any upgrade insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the Building electrical systemprovisions of this Section 7. Landlord acknowledges that Tenant's mere occupancy Tenant shall comply with Landlord’s reasonable sustainability practices and shall not permit any use of the Premises for which may affect the Permitted Use (as distinguished from Tenant's particular manner continued certification of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency the Project issued pursuant to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit LEED rating system (or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofother applicable certification standard).
Appears in 1 contract
Samples: Office Lease (ASC Acquisition LLC)
Use. The Premises the hereby leased to Lessee upon the express condition that Lessee shall use said Premises for administrative offices, manufacturing and assembly of office furniture, sales, warehousing and related uses. Lessee agrees that the said Lessee's business shall be established and conducted through the term hereof in a first class manner; that Lessee will not use the demised Premises for, or carry on or permit upon said Premises any offensive, noisy or dangerous trade, business, manufacture or occupation or any nuisance, or anything against public policy, nor permit any auction sale to be held or conducted on or about said Premises; that Lessee shall not commit, or suffer to be committed, any waste upon the Premises; that Lessee will not do or suffer anything to be done upon said Premises which will cause structural injury to said Premises or the building of which same form a part; that said Premises will not be overloaded and that no machinery, apparatus or other appliance shall be used for or operated in or upon the Permitted Use and for Premises which will in any manner injure, vibrate or shake said Premises or the building of which it is a part; that no other purpose. Tenant use will be made of the Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises; that Lessee will not vacate or abandon said Premises during the term hereof unless pursuant to an assignment of this Lease or subletting of the Premises; Lessee further agrees not to use or permit the use of the Premises or any part thereof, for any immoral or other purpose prohibited by law or which is illegalwill increase the existing rate of insurance (or if a newly constructed building, dangerous lien the initial rate of insurance) upon the building in which the Premises may be located, or cause a cancellation of any insurance policy covering said building or any part thereof. If any act on the part of Lessee or use of the Premises by Lessee shall cause, directly or indirectly, any increase of Lessor's insurance expense, said additional expense shall be paid by Lessee to lifeLessor upon demand. No such payment by Lessee shall limit Lessor in the exercise of any other rights or remedies, limb or property constitute a waiver of Lessor's right to require Lessee to discontinue such act or whichuse. No use shall be made or permitted to be made of the Premises or any part thereof, and no act done therein, which may disturb the quiet enjoyment of any other tenant in the building of which the Premises are a part. Lessee, at Lessee's sole cost and expense, agrees to do all things necessary to maintain the Premises, in Landlord's opiniona clean, creates neat and sanitary manner; and repair and maintain the interior of the Premises forming a nuisance part of the building in compliance and conformity with all laws and ordinances, municipal, state, federal and/or any other governmental board or which would increase the cost of insurance coverage with respect authority, present or future, in anywise relating to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration use or occupancy of the PremisesPremises throughout the entire term of this lease and to the perfect exoneration from liability of Lessor, including without limitationor if due to Lessee's specific use of the Premises any governmental authority requires alterations, Lessee shall make such alternations at its sole cost and expense, excluding structural changes not related to or affected Lessee's improvements or acts. The judgment of any court of competent jurisdiction or the Americans with Disabilities Act. Notwithstanding the foregoingadmission of Lessee in any action or proceeding against Lessee, Landlordwhether Lessor be a party thereto or not, not Tenant, shall be responsible for complying with that Lessee has violated any such law, ordinance, order, rule requirement or regulation of any governmental agency to order in the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration shall be conclusive of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (fact as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules between Lessor and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLessee.
Appears in 1 contract
Samples: Assignment and Assumption of Agreement (Biomarin Pharmaceutical Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises. Tenant shall not use or allow the Premises shall to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Permitted Use and for no other purposePremises. Tenant agrees shall not to use do or permit the use of the Premises for any purpose to be done anything which is illegal, dangerous to life, limb will invalidate or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of any insurance coverage policy(ies) covering the Building or its contents, and shall comply with respect to all applicable insurance underwriters rules and the Buildingrequirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall conduct comply at its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of any all governmental entity with reference authorities that pertain to the operation of Tenant's business and to the use, condition, configuration Tenant or occupancy its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, whether or not Tenant, shall be responsible for complying 's compliance will necessitate expenditures or interfere with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of its use and enjoyment of the Premises, provided that if such compliance would apply to all similar buildings and requires improvements with a useful life extending beyond the Term then Landlord shall construct such improvements and include the costs thereof amortized over the useful life of such improvements calculated at a market cost of funds as Building Costs. Tenant shall comply at its expense with all present covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's particular design or configuration failure to comply with the provisions of the Premisesthis Section, the acts or omissions of Tenant or and shall indemnify Landlord from any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished liability and/or expense resulting from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofnoncompliance.
Appears in 1 contract
Use. The Premises shall be used only for the Permitted Use and for no other use or purpose. Tenant agrees shall not commit, or permit to be committed by any Tenant Party, any conduct or condition which would constitute a nuisance or would disturb, endanger or otherwise unreasonably interfere with any occupants of the Project (whether through odors, noise, vibrations or otherwise), the management of the Project or the performance of Landlord’s obligations under this Lease. Tenant shall not use or permit the any Tenant Party to use of any portion of the Premises Property or the Project for any purpose which is illegal, dangerous to life, limb outdoor storage or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingauction. Tenant shall conduct will, at its business and control its agentssole cost, servants, contractors, employees, customers, licenseespromptly comply with, and invitees in such a manner as not cause Tenant’s Parties to interfere promptly comply with, annoy all Applicable Laws now or disturb other tenants, subsequently pertaining to Tenant’s specific use or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design Premises or configuration of the Premises, to Alterations made by Tenant or to the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements Party (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's other than mere occupancy use of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) Use). Tenant shall not impose upon Tenant use the Building in any responsibility manner that would cause the Building or the Property to be deemed a “place of public accommodation” under the ADA. Tenant, at its sole cost, shall be responsible for compliance with obtaining any lawpermit, ordinancelicense, order, rule or regulation of other approval required by any governmental agency permitting Tenant’s conduct of business in the Building, other than the C/O (as defined in the Work Letter), which shall be obtained by Landlord in accordance with the Work Letter. If an Alteration to the extent that Building, the Property or the Project becomes required under any Applicable Law (or if any such requires any structural alterations requirement is enforced) as a result of Tenant’s specific use or manner of use of the Premises or to Alterations made by Tenant or to the Premisesacts or omissions of Tenant or any Tenant Party (other than mere use of the Premises for the Permitted Use), then Tenant shall upon Landlord’s demand and at Tenant’s option, either make such Alteration at Tenant’s sole cost or pay Landlord the cost of making such change within 30 days after being billed therefor. Tenant will shall comply with the rules and regulations of the Building adopted attached hereto as Exhibit C, together with such additional rules and altered by regulations as Landlord may from time to time reasonably prescribe upon not less than 30 days’ prior notice to Tenant and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to any such additional rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules shall not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease (“Rules and regulations is attached hereto as Exhibit D and made a part hereofRegulations”). Tenant agrees not shall have access to commit the Building, Premises and Exterior Areas 24 hours per day, 7 days per week, 365 days per year during the Term, except and to the extent of an emergency or allow any waste to be committed on required repair or maintenance activities required by this Lease. In the event of any portion of conflict or inconsistency between the PremisesRules and Regulations and this Lease, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofshall control.
Appears in 1 contract
Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. 7000 Shoreline/Ultragenyx - Page 7 Landlord shall be responsible for complying the compliance of the Common Areas of the Project with any lawLegal Requirements, ordinanceincluding the ADA, orderas of the date of this Lease. Following the Commencement Date, rule or regulation of any governmental agency Landlord shall, as an Operating Expense (to the extent that such requires any structural alterationsLegal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, unless as compared to other tenants of the need to make a structural alteration results from Tenant's manner of Project, specific use of the PremisesPremises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant's particular design , at its sole expense, shall make any alterations or configuration modifications to the interior of the PremisesPremises that are required by Legal Requirements (including, the acts or omissions of Tenant or any Tenant Related Parties or any alterationswithout limitation, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade the ADA) related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Permitted Use same (as distinguished including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant's particular manner ’s use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at the termination of this Lease Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for no other purposelawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). Tenant agrees shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not to use or permit the use of the Premises to be used for any purpose which is illegal, dangerous to life, limb or property in any manner that would void Tenant's or which, in Landlord's opinioninsurance, creates a nuisance or which would increase the cost insurance risk, or cause the disallowance of insurance coverage with respect to the Buildingany sprinkler or other credits. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant's failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant's use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Premises, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items within the Premises or in the elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises. Landlord shall be responsible for the compliance of the exterior of the Premises, including access requirements, with reference the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications, to the operation interior or exterior of the Premises, that are required by Legal Requirements (including, without limitation, compliance of the interior of the Premises with the ADA as of the Commencement Date) related to Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions failure of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination requirements of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofSection.
Appears in 1 contract
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant receiving party agrees not to use or permit Confidential Information received from the disclosing party pursuant this Service Attachment solely in connection with the performance of such party's obligations and rights under this Service Attachment. The receiving party agrees to use reasonable measures, no less stringent than those measures used by the receiving party to protect its own confidential and proprietary information, to protect the Confidential Information of the Premises disclosing party from disclosure to or use by any third party. Unless authorized to do so in writing by the disclosing party, neither the receiving party, nor any third party acting on the receiving party’s behalf, will for any purpose which reason use or disclose to any person any of the disclosing party's Confidential Information; provided, however, that a receiving party has the right, without the prior written consent of the disclosing party, to disclose Confidential Information of the disclosing party to any person who needs to know the Confidential Information to assist the receiving party to fulfill its obligations or rights under this Service Attachment, who is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase informed by the cost receiving party of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesconfidential nature of the Confidential Information, and invitees who agrees in such a manner as not writing to interfere with, annoy or disturb other tenants, or nondisclosure and non-use provisions comparable to those in any way interfere with Landlord in this Service Attachment and provided further that the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, receiving party shall be responsible for complying with breach of such agreement by such persons. The term "person" as used in this Section shall be interpreted to include, without limitation, any individual, partnership, corporation or other entity. Nothing in this Service Attachment shall be construed as granting any rights to the receiving party, by license or otherwise, to any of the disclosing party's Confidential Information, except as expressly stated herein. In the event that the receiving party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, ordinance, regulation or court order, rule or regulation of any governmental agency it may do so if legally permissible provided that the receiving party shall, as soon as practicable, notify the disclosing party to allow it an adequate opportunity to object to the extent that such requires any structural alterations, unless disclosure or to take other actions to preserve the need to make a structural alteration results from Tenant's manner of use confidentiality of the Premises, Tenant's particular design or configuration of the Premisesdisclosing party’s Confidential Information. Prior to any disclosure pursuant to this section, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA receiving party shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply cooperate with the rules and regulations disclosing party in such party’s reasonable efforts to limit the disclosure by means of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit protective order or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofa request for confidential treatment.
Appears in 1 contract
Samples: biznet.ct.gov
Use. The Tenant shall use the Premises shall be used only for the Permitted Use purposes stated in Item 3 of the Basic Lease Provisions and for no other purposeuse whatsoever. Tenant agrees not to use or permit the The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any purpose agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) schools, temporary employment agencies or other training facilities which is illegalare not ancillary to corporate, dangerous to life, limb executive or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingprofessional office use. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees not do or permit anything to be done in such a manner as not to interfere with, annoy or disturb other tenants, or about the Premises which will in any way unreasonably interfere with Landlord the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the management Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall comply at its expense with all present and operation future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the BuildingPremises. Tenant will maintain the Premises Landlord shall comply at its expense (as properly included in a clean and healthful condition, and comply Project Costs) with all present and future laws, ordinances, orders, rules ordinances and regulations requirements of all governmental authorities that pertain to the Common Areas of the Project to which Landlord is notified of such violation by any governmental entity with reference authority. In no way limiting the generality of the foregoing, Landlord, at its sole cost and expense, shall correct, repair any existing Title III of the Americans With Disabilities Act (“ADA”) violations of the Common Areas on Tenant’s floors. Said costs of compliance shall be Landlord’s sole cost and expense and shall not be part of Project Costs; provided that any cost of ADA compliance triggered by the permitting and/or construction of the Tenant Improvements shall be included as part of the “Completion Cost” of the Tenant Improvement Work (as defined in the Work Letter); provided Landlord will notify Tenant if Tenant’s Preliminary Plan requires modifications to the operation Common Areas. Landlord shall correct, repair or replace any non-compliance of the Building and the Common Areas with any revisions or amendments to applicable building codes, including the ADA, becoming effective after the execution of this Lease, provided that the amortized cost of such repairs or replacements shall be included as Project Costs payable by Tenant's business and . All other ADA compliance issues which pertain to the use, condition, configuration or occupancy of the Premises, including without limitation, in connection with Tenant’s construction of any Alterations or other improvements in the Americans with Disabilities Act. Notwithstanding Premises (and any resulting ADA compliance requirements in the foregoing, Landlord, not Common Areas if Landlord shall consent to same as more particularly provided in Section 7.3 of this Lease) and the operation of Tenant’s business and employment practices in the Premises, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions responsibility of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules at its sole cost and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofexpense.
Appears in 1 contract
Samples: Lease (Clean Energy Fuels Corp.)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will 215 First/Bluebird Bio - Page 8 not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlordand except to the extent resulting from Landlord Parties’ negligence or willful misconduct, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation failure of the Premises to comply with any governmental agency Legal Requirement to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Claims arise out of Tenant's manner of ’s particular use and occupancy of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for no other purposelawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions of record now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). Tenant agrees shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not to use or permit the use of the Premises to be used for any purpose which is illegal(other than the Permitted Uses) or in any manner that would void Tenant's or Landlords insurance, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost insurance risk, or cause the disallowance of insurance coverage with respect to the Buildingany sprinkler or other credits. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not policy by reason of Tenant's failure to interfere with, annoy or disturb other tenants, or in any way interfere comply with Landlord in the management and operation provisions of the Buildingthis Section. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to overload the operation of Tenant's business and to the use, condition, configuration floor or occupancy structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds (assuming building standard demising walls) or vibrations therefrom from extending into Common Areas, or other space in the Building or the Project. Tenant shall not place any equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas or in the Building elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use; provided, however, that to the extent Tenant at its sole cost and expense expands the capacity of the ventilation, air exchange, heating, gas, steam, electricity or water systems serving the Building, Tenant shall be entitled to use 100% of such added capacity. Tenant, at its sole expense, shall make any alterations or modifications, to the interior of the Premises that are required by Legal Requirements (including, without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to the Building electrical system. Landlord acknowledges that Tenant's mere use or occupancy of the Premises for the Permitted Use Uses. Landlord shall, as an Operating Expense (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations Legal Requirement is generally applicable to similar buildings in the San Diego area) or at Tenant's expenses (to the Premises. Tenant will comply with the rules and regulations extent such Legal Requirement is applicable solely by reason of Tenant's, as compared to other tenants of the Building adopted and altered by Landlord from time to time and will cause all of its agentsBuilding, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior or the Building that are required by Legal Requirements, including the ADA. Notwithstanding any other provision herein to the contrary, but subject to the limitations of this Section 7, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and at all reasonable expenses incurred in investigating or resisting the termination same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of this Lease to deliver up suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement.
Appears in 1 contract
Samples: Lease Agreement (Biogen Inc)
Use. The Premises are to be used only for general office --- purposes. In addition, the Premises may be occupied by no more than five (5) persons per one thousand (1,000) square feet of office space (with any fractional product being rounded downward). No act shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use done in or permit the use of about the Premises for any purpose which that is illegal, dangerous to life, limb unlawful or property or which, in Landlord's opinion, creates a nuisance or which would that will increase the cost existing rate of insurance coverage with respect to on the Building. In the event of a breach of this covenant, Tenant shall conduct its business immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and control its agents, servants, contractors, employees, customers, licensees, shall pay to Landlord any and invitees all increases in insurance premiums resulting from such a manner as breach. Tenant shall not commit or allow to interfere with, annoy or disturb other tenantsbe committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in any way interfere with Landlord in the management and operation of the Building. If any of Tenant's office machines or equipment causes interruption with any other Building tenant's business, then Tenant will maintain shall provide adequate insulation, or take such other action as may be necessary to eliminate the Premises in a clean noise or disturbance at its sole cost and healthful conditionexpense. Tenant shall not, and without Landlord's prior consent, such consent not to be unreasonably withheld, conditioned or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, ordersgovernmental rules, rules regulations or requirements, and regulations the provisions of any governmental entity with reference recorded documents now existing or hereafter in effect relating to the operation of Tenant's business and to the its use, condition, configuration operation or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, Demised Premises and shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that observe such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the reasonable rules and regulations of the Building as may be adopted and altered made available to Tenant by Landlord from time to time for the safety, care and will cause all cleanliness of its agents, servants, contractors, employees, customers, licensees the Premises or the Building and invitees to do sofor the preservation of good order therein. All changes to such The current rules and regulations will be sent by Landlord to Tenant in writing. A copy of for the existing rules and regulations is Building are attached hereto as "Exhibit D and made a part hereofF". Without limiting the foregoing, --------- Tenant agrees not to commit or allow any waste to be committed on wholly responsible at Tenant's sole cost and expense for any portion accommodations or alterations which need to be made to the Demised Premises to comply with the provisions of the PremisesAmericans With Disabilities Act of 1990, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofas amended.
Appears in 1 contract
Samples: Lease Agreement (Naviant Inc)
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use set forth in Article l.G. of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner so as not to interfere with, annoy or disturb other tenants, or in any way materially and unreasonably interfere with Landlord or infringe upon the rights of other tenants or occupants in the management and operation of the BuildingProject. Tenant will maintain the Premises in a clean shall, at its sole cost and healthful conditionexpense, and promptly comply with all laws, statutes, ordinances, orders, rules and governmental regulations of any governmental entity with reference or requirements now in force or which may hereafter be in force relating to or affecting (i) the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), including without limitation, and (ii) improvements installed or constructed in the Americans with Disabilities ActPremises by or for the benefit of Tenant. Notwithstanding the foregoing, Landlord, not Tenant, Landlord shall be responsible for complying compliance with any lawall laws, ordinancestatutes, orderordinances, rule governmental regulations or regulation requirements now enforced or which may hereafter be enforced with respect to the Project, except for Tenant’s obligations pursuant to the immediately preceding sentence. Tenant shall not do or permit to be done anything (other than the conduct of general office uses) which would invalidate or increase the cost of any governmental agency insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the extent that such requires provisions of this Article 7. Tenant shall comply with Landlord’s reasonable sustainability practices and shall not permit any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration Premises which may affect the continued certification of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade Project issued pursuant to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use LEED rating system (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofother applicable certification standard).
Appears in 1 contract
Samples: loanDepot, Inc.
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, shall be responsible for complying with any lawincrease the insurance risk, ordinance, order, rule or regulation cause the disallowance of any governmental agency sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the extent that insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such requires any structural alterationsinsurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, unless safe and proper manner and will not commit or permit waste, overload the need to make a structural alteration results from Tenant's manner of use floor or structure of the Premises, Tenant's particular design subject the Premises to use that would damage the Premises or configuration obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the acts Premises to be used for any unlawful purpose. Tenant shall cause any equipment or omissions machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Related Parties Alterations, in which case Landlord shall make such alterations or any alterations, additions, or improvements (including modifications to the Landlord Work) performed by or on behalf of Tenant Project at Tenant’s expense. Except as provided in the Premises; immediately preceding sentence, Tenant's responsibility for , at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA shall not include any upgrade the ADA) related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s particular use or occupancy of the Premises or any Tenant Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Permitted Use same (as distinguished including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from Tenant's particular manner and against any and all Claims arising out of use) shall not impose upon Tenant any responsibility for compliance or in connection with any law, ordinance, order, rule or regulation failure of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant Alterations.
Appears in 1 contract
Samples: Sublease (Kura Oncology, Inc.)
Use. The Demised Premises shall may be used and occupied for research and development, training, receiving, storing, prototype manufacturing and ancillary office use including the Permitted Use use of computers and various other electronic equipment needed for Tenant’s business. Landlord covenants, to the best of Landlord’s knowledge, that there are no zoning ordinances, provisions of the underlying ground lease (“Ground Lease”), or any other purpose. Tenant agrees not to use prohibitions restricting or permit limiting the use of the Demised Premises for the purpose herein specified. Should any purpose law, regulation or other governmental order substantially interfere with Tenant’s use of the Demised Premises, then Tenant may cancel this Lease upon written notice to Landlord within ninety (90) days following that date upon which Tenant shall have become aware of such law, regulation or order and thereupon Tenant shall have no further obligation to Landlord. For purposes of this paragraph, “substantial interference” excludes any zone change under which Tenant’s use as permitted above, is a lawful nonconforming use for the remaining term of the Lease and any unexercised option periods. Tenant shall not use or occupy the Premises in violation of the Ground Lease or in violation of law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is illegaldeclared by any governmental authority having jurisdiction to be a violation of law. Tenant shall have the right, dangerous with Landlord’s cooperation, to lifeappear before any governmental authority or to bring any action to contest any zoning change or similar change in use restrictions which may impair Tenant’s use of the Premises as permitted herein. Tenant shall comply with any direction of any governmental authority having jurisdiction, limb which shall by reason of the nature of Tenant’s use or property occupancy of the Premises impose any duty upon Tenant or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage Landlord with respect to the BuildingPremises, or with respect to the use or occupation thereof. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawsconditions of approval for development permits issued for the Complex, ordinances, orders, rules and regulations including implementation of a Transportation Demand Management (“TDM”) program if required by City ordinance. Landlord shall not agree to any governmental entity with reference amendment to the operation of Ground Lease materially affecting Tenant's business ’s use without Tenant’s prior written consent, which Tenant may withhold in Tenant’s sole but reasonable discretion Tenant may, if Tenant so elects, and to the for Tenant’s sole use, conditioninstall and operate within the Demised Premises microwave ovens and install and operate within the Demised Premises vending machines to dispense hot and cold beverages, configuration or occupancy of the Premisesice cream, including without limitationcandy, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, food and cigarettes; such machines shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make maintained in a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA neat and sanitary condition and shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules all applicable laws and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofordinances.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 and Item 4 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises shall which will in any way allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Permitted Use and for no other purposePremises. Tenant agrees shall not to use perform any work or conduct any business whatsoever other than inside the Premises. Tenant shall not do or permit the use of the Premises for any purpose to be done anything which is illegal, dangerous to life, limb will invalidate or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of any insurance coverage with respect to policy(ies) covering the Building, and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall conduct comply at its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of any all governmental entity with reference authorities that pertain to the operation of Tenant's business and to the use, condition, configuration Tenant or occupancy its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, whether or not Tenant, shall be responsible for complying 's compliance will necessitate expenditures or interfere with any law, ordinance, order, rule or regulation its use and enjoyment of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the rules provisions of this Section, and regulations of the Building adopted and altered by shall indemnify Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use Use, and shall not use the Premises, or permit or suffer the Premises to be used, for no any other purposepurpose without Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant agrees shall comply, and cause Tenant Parties to comply, with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises or any portion thereof. Without limiting Tenant’s right to operate the Premises for the Permitted Use, Tenant shall not commit, or allow Tenant Parties to use commit, any waste of the Premises. Without limiting Tenant’s right to operate the the Premises for the Permitted Use, Tenant shall not do, or permit any Tenant Parties to do, anything on or about the use Premises that in any way increases the rate, or invalidates or prevents the procuring, of any insurance protecting against loss or damage to any portion of the Premises or its contents, or against liability for any purpose which is illegal, dangerous damage to life, limb or property or whichinjury to persons in or about any portion of the Premises. For purposes hereof, in Landlord"Tenant Parties" means Tenant's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servantscontractors, contractorssubcontractors, employees, customers, licensees, invitees, assignees and invitees subtenants; and the term "Applicable Laws" means all federal (to the extent not in such a manner as not to interfere withdirect conflict with applicable state, annoy municipal or disturb other tenants, or in any way interfere with Landlord in the management local cannabis licensing and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all program laws, rules and regulations), state, municipal and local laws, codes, ordinances, orders, rules and regulations of governmental authorities, committees, associations, or other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any governmental entity with reference to the operation of portion thereof, Landlord or Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any both statutory and common law, ordinancehazardous waste rules and regulations, orderand state cannabis licensing and program laws, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of rules and regulations. Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of may only place equipment within the Premises with ADA shall not include any upgrade to floor loading consistent with the Building electrical system. Landlord acknowledges that TenantBuilding's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenantstructural design unless Tenant obtains Landlord's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premisesprior written approval. Tenant will comply with may place such equipment only in a location designed to carry the rules and regulations weight of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofequipment.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Innovative Industrial Properties Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Following Substantial Completion of Landlord’s Work in accordance with the Work Letter, Tenant's business and , at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements compliance with which is Tenant’s responsibility under this Lease, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Use. The Premises shall be used only for the Permitted Use purposes of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, for light manufacturing and assembly, and for no such other purpose. lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant agrees not to may also use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Buildinglight manufacturing. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to overload the operation of Tenant's business and to the use, condition, configuration floor or occupancy structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the Project. Outside storage, including without limitation, the Americans with Disabilities Actstorage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Notwithstanding the foregoing, Landlord, not Tenant, at its sole expense, shall be responsible for complying use and occupy the Premises in compliance with any lawall laws, ordinanceorders, orderjudgments, rule ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or regulation of any governmental agency hereafter applicable to the extent that such requires Premises (collectively, "Legal Requirements"). Tenant shall, at its expense, make any structural alterationsalterations or modifications, unless the need to make a structural alteration results from Tenant's manner of use of within or without the Premises, that are required by Legal Requirements related to Tenant's particular design use or configuration occupation of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with not use or permit the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste Premises to be committed used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on any portion the Premises or the Project is caused by Tenant's use or occupation of the Premises, and at or because Tenant vacates the termination Premises, then Tenant shall pay the amount of this Lease such increase to deliver up Landlord. Any occupation of the Premises by Tenant prior to Landlord in accordance with Article XXXV hereofthe Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Converse Inc)
Use. The Tenant shall, during the term of this Lease, use the Premises shall be used only for the Permitted Use Uses and only to the extent permitted by zoning and other land use ordinances and regulations, and for no other purposepurpose and from time to time procure and maintain all licenses and permits necessary therefor and for any other use or activity conducted at the Premises, at Tenant's sole expense. The Permitted Uses shall expressly exclude use for utility company offices, or employment agency or governmental or quasi-governmental offices. Tenant agrees not acknowledges that the Premises are subject and subordinate to use or permit the use those certain covenants, conditions and restrictions recorded at Series/Instrument #80-317016, of the Premises for any purpose Official Records of San Diego County, California, on September 29, 1980, a copy of which is illegal, dangerous Tenant acknowledges has been delivered to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase it (the cost of insurance coverage with respect to the Building"CC&R's"). Tenant acknowledges that it has read the CC&R's and knows the contents thereof. Throughout the term, Tenant shall conduct its business faithfully and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, timely perform and comply with all lawsthe CC&R's and any modification or amendments thereto provided to Tenant, ordinances, orders, rules and regulations including the payment by Tenant of any governmental entity with reference to periodic or special dues or assessments against the operation of Premises. Tenant shall, at Tenant's business sole cost and expense, take all action, including any alterations necessary to comply with the use, condition, configuration or occupancy requirements of the PremisesAmericans With Disabilities Act of 1990 (the "ADA"), including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, which shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results arise from Tenant's manner of particular use of the Premises, Tenant's particular design or configuration of any installations in the Premises, the acts or omissions required by a breach of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility covenants or agreements under this Lease, whether or not such requirements shall now be in effect or hereafter enacted. Landlord shall perform any work necessary for compliance the Common Areas of the Premises Complex to comply with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy Title III of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any lawADA, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations work is not Tenant's obligation pursuant to the Premisespreceding sentence. Tenant will comply with The cost of any such work for which Landlord is obligated shall be included as an Operating Cost. Landlord represents that to the rules and regulations best knowledge of Landlord, the common areas of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant Complex are currently in writing. A copy material compliance with Title III of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofADA.
Appears in 1 contract
Samples: Dexcom Inc
Use. The Premises shall be used solely for one or more of the uses defined as the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, at Landlord’s sole cost (and not as an Operating Expense), be responsible for the compliance of the Common Areas of the Project with Legal Requirements (including the ADA) as of the Rent Commencement Date, including the following: (a) accessibility requirements for exterior paving (uneven walks, slip resistance, maximum slopes and cross slopes), (b) accessible parking requirements (parking stall slope, dimensions, signage, and pedestrian access), (c) accessible pedestrian curb cuts and ramps (where required), (d) existing parking striping (parking stall size, adequate drive aisles, signage), (e) existing fire lane (width, access, radius, signage), (f) thresholds at Building entries and exits (to meet accessibility requirements), (g) existing drainage patterns and storm water management (outside of the scope of any proposed exterior improvements, such as a loading dock or generator), existing landscaping and irrigation (height, distances from utilities, obstruction of visibility triangles), (h) existing exterior lighting (as required for exiting and parking lot safety), (i) existing exterior backflow, (j) existing exterior fire alarm bells and fire sprinkler access, and (k) existing exterior Building address numbers only. For the avoidance of doubt, Landlord shall, at Landlord’s sole cost (and not as an Operating Expense), be responsible for Title Net Lease 10151 Xxxxxx Canyon/Tandem - Page 9 24 Energy Calculation upgrades or storm water management code change compliance triggered by Landlord’s Work, the repair or replacement of Structural Items or work undertaken by Landlord at the Project for 00000 Xxxxxx Xxxxxx Road. Except as otherwise provided in this Section 7, following the Rent Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy Common Areas or disturb other tenants, or in any way interfere with Landlord in the management and operation exterior of the BuildingBuilding that are required by Legal Requirements. Tenant will maintain For the avoidance of doubt, notwithstanding anything to the contrary contained in this Lease, except for Landlord’s obligations expressly set forth in this Section 7, Landlord’s obligation to deliver the Premises in a clean water tight condition (subject to the first paragraph of Section 2) and healthful conditionthe requirement that Landlord’s Work be completed in accordance with Legal Requirements, Landlord is making no representation regarding (and shall in no event be responsible for) the compliance of the Building with Legal Requirements as of the Commencement Date, and comply Tenant shall be responsible, as part of the construction of the Tenant Improvements, for the compliance of the Building with all lawsLegal Requirement as of the Substantial Completion (as defined in the Work Letter) of the Tenant Improvements. Tenant, ordinancesat its sole expense, orders, rules and regulations of shall make any governmental entity with reference alterations or modifications to the operation interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) applicable to Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including Tenant’s construction of the Tenant Improvements and/or any other work undertaken by Tenant at the Project. Notwithstanding the foregoing and for the avoidance of doubt, Tenant shall, at Tenant’s cost, be responsible for any Title 24 Energy Calculation upgrades or storm water management code change compliance triggered by any work undertaken by Tenant at the Project including, without limitation, the Americans with Disabilities ActTenant Improvements and Alterations and any work undertaken by Tenant in the Common Areas. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Tenant’s failure to comply with Legal Requirements applicable to Tenant’s particular use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration occupancy of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additionsImprovements, or improvements (including the Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord Work) performed by harmless from and against any and all Claims arising out of or on behalf of Tenant in the Premises; Tenant's responsibility for compliance connection with any failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule Legal Requirement applicable to Tenant’s particular use or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion occupancy of the Premises, and at the termination Tenant Improvements or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease to deliver up Lease, the Premises to Landlord in accordance with Article XXXV hereofProject has not been inspected by a certified access specialist.
Appears in 1 contract
Use. The Premises shall may be used only for the Permitted Use specified in Section 1.1(k) and for no other purposepurposes without the prior written consent of Landlord. Tenant’s use of the Premises shall be in compliance with the Building Rules and with all applicable Legal Requirements and Insurance Requirements. Tenant agrees not to shall not, even if technically within the Permitted Use, use or permit the use of the Premises for any purpose which is illegal, dangerous to lifeperson or property, limb or property or which, in Landlord's opinion, which creates a nuisance nuisance, which would violate the Building Rules, or which would increase the cost of insurance coverage with respect to the Buildingviolate any applicable Legal Requirement or Insurance Requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseescomply with, and invitees in such a manner as not shall cause any Tenant Related Parties to interfere comply with, annoy or disturb other tenants, or in any way interfere with Landlord in the management all Building Rules and operation of the Building. Tenant will maintain the Premises in a clean all Legal Requirements and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and Insurance Requirements relating to the use, condition, configuration or occupancy of the Premises. “Insurance Requirements” shall mean all terms of any insurance policy obtained by Landlord or Tenant covering or applicable to the Premises or the Project; all requirements for the issuing of each such insurance policy; and all orders, rules, regulations, and other requirements of the National Board of Fire Underwriters (or any other bodies exercising any similar functions) which are applicable to or affect the Premises, the Building, or the Project or any use or condition of the Premises, the Building, or the Project. “Legal Requirements” shall mean all laws, statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, and requirements of all governmental authorities, foreseen or unforeseen, which now or at any time hereafter may be applicable to the Premises, the Buildings, or the Project, including without limitation, (a) the Americans with Disabilities Act, (b) all federal, state, and local laws, regulations, and ordinances pertaining to air and water quality, hazardous materials, waste disposal, and other environmental matters; and (c) all laws, codes, and regulations pertaining to zoning, land use, health, or safety. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any “Tenant Related Parties or any alterationsParties” shall mean Tenant’s officers, additionspartners, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any lawemployees, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employeeslicensees, concessionaires, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofinvitees.
Appears in 1 contract
Samples: Master Lease Agreement (Paladin Realty Income Properties Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending unreasonably outside the Premises. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall, at Landlord’s sole cost and comply expense, be responsible for the compliance of Landlord’s Work (as defined in the Work Letter) with all lawsLegal Requirements as of the date that Landlord substantially completes Landlord’s Work. Except as provided in the immediately preceding sentence, ordinancesTenant, ordersat its sole expense, rules and regulations of shall make any governmental entity with reference alterations or modifications to the operation Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities ActTenant Improvements and any Alterations. Notwithstanding any other provision herein to the foregoingcontrary, Landlordsubject to the first sentence of this paragraph, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s compliance with Legal Requirements, and except for Landlord’s Work, Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises to comply with ADA any Legal Requirement. Tenant acknowledges that Landlord may, but shall not include any upgrade be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, at the termination of this Lease no material cost to deliver up the Premises Tenant, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises only for the use set forth in Article 1.F. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the Permitted Use benefit of Tenant. Tenant shall not permit occupancy of the Premises that exceeds any governmental regulations or requirements. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, provided Tenant shall not be required to make any alterations to the Premises in connection therewith unless such standards or requirements are imposed due to Tenant’s particular use of the Premises, and Tenant shall promptly upon demand reimburse Landlord for no other purposeany additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this Article. Tenant agrees not to use keep any trash, garbage, waste or permit the use of other refuse on the Premises for any purpose which is illegal, dangerous except in sanitary containers and agrees to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase regularly and frequently remove same from the cost of insurance coverage with respect to the BuildingPremises. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in keep all containers or other equipment used for storage of such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises materials in a clean and healthful sanitary condition, . Tenant shall keep the sewage disposal system free of all obstructions and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to in good operating condition. If the operation volume of Tenant's business ’s trash becomes excessive in Landlord’s judgment, Landlord shall have the right to charge Tenant for additional trash disposal services and/or to require that Tenant contract directly for additional trash disposal services at Tenant’s sole cost and expense. Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance perform inspections of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises less frequently than once every thirty (30) days for the Permitted Use (as distinguished from Tenant's particular manner purpose of use) eliminating infestation by and controlling the presence of insects, rodents and vermin and shall not impose upon Tenant promptly cause any responsibility for compliance with any lawcorrective or extermination work recommended by such service to be performed. Such work shall be performed pursuant to a written contract, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A a copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to which shall be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises delivered to Landlord in accordance with Article XXXV hereofby Tenant upon request.
Appears in 1 contract
Samples: Office Lease (Tut Systems Inc)
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use basic lease provisions on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the First Initial Premises Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for complying the compliance of the Common Areas of the Project with any lawLegal Requirements, ordinanceincluding the ADA, orderas of the date of this Lease. Following the First Initial Premises Commencement Date, rule or regulation of any governmental agency Landlord shall, as an Operating Expense (to the extent that such requires any structural alterationsLegal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, unless as compared to other tenants of the need to make a structural alteration results from Tenant's manner of Project, specific use of the PremisesPremises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant's particular design , at its sole expense, shall make any alterations or configuration modifications to the interior of the PremisesPremises that are required by Legal Requirements (including, the acts or omissions of Tenant or any Tenant Related Parties or any alterationswithout limitation, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with the ADA shall not include any upgrade related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Permitted Use same (as distinguished including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from Tenant's particular manner and against any and all Claims arising out of use) shall not impose upon Tenant any responsibility for compliance or in connection with any law, ordinance, order, rule or regulation failure of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofany Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used for the Permitted Use Use, and shall not use the Premises, or permit or suffer the Premises to be used, for no any other purposepurpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant agrees shall not to use or permit occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises for that is declared or claimed by any purpose which is illegal, dangerous Governmental Authority having jurisdiction to life, limb or property or which, in Landlord's opinion, creates be a nuisance or which would increase violation of any of the cost of insurance coverage with respect to the Buildingabove. Tenant shall conduct its business and control its agentscomply with any direction of any Governmental Authority having jurisdiction that shall, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation by reason of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation nature of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. Tenant shall install its own security systems including CCTV. Landlord’s security systems in the Building and Parking Garage shall be compatible with Tenant’s security system and CCTV and Tenant’s airport operation center and airport police shall be allowed to connect with/monitor Landlord’s security system and CCTV. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without limitationLandlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Signage shall conform to the criteria and design set forth in Exhibit K attached hereto. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition, the Americans with Disabilities Actcosts of which may be included in the TI Allowance. Notwithstanding the foregoing, Landlord, not Tenant, Tenant shall be responsible for complying with reimbursing Landlord for costs incurred by Landlord in removing any lawof Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, ordinancepainted or affixed for Tenant by Landlord at Landlord’s sole cost and expense, orderand shall be of a size, rule color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or regulation corridor doors without Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord agrees that Tenant shall have the exclusive right to all top of Building signage/Building name rights and top of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of monument signs. Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of may only place equipment within the Premises with ADA floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. Landlord has been advised of Tenant’s specific needs for its network, airport operations and incident command centers and Landlord shall not include any upgrade to ensure the Building electrical system. Landlord acknowledges that is designed to accommodate Tenant's mere ’s use and occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to areas within the Premises. Tenant will comply shall cause any equipment or machinery to be installed in the Premises so as to reasonably minimize sounds or vibrations therefrom from extending into the Common Area or other offices in the Project. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rules and regulations rights of other tenants or occupants of the Building adopted and altered by Landlord from time to time and will cause all of its agentsProject, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit (b) use or allow any waste the Premises to be committed used for immoral, unlawful or objectionable purposes, (c) cause, maintain or permit any nuisance or waste in, on or about the Project or (d) take any portion other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. LANDLORD AGREES THAT FOREGOING PROVISIONS SHALL BE INCLUDED IN ALL LEASES FOR ANY PORTION OF THE BUILDING. Notwithstanding the provisions of Section 12.9, Landlord acknowledges that Tenant is a public entity, will conduct board meetings at the Premises, and it is possible that public demonstrations may occur at the termination Project and such occurrences shall not be a violation of this Lease Lease. Tenant shall use all commercially reasonable efforts to deliver up the Premises to Landlord in accordance with Article XXXV hereofprovide additional security and crowd control measures required as a result of any such public demonstration.
Appears in 1 contract
Samples: Lease
Use. The Tenant shall use the Premises for general office purposes and purposes incident thereto, and all other lawful non-retail uses compatible with a first-class headquarters office building, and shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the Premises to be used for any other purpose without the prior written consent of Landlord (except that retail uses may be made of the ground floor by Carnation Company with respect to its business operations and products). In addition, retail uses may be made of the ground floor by an assignee or sublessees of Tenant provided such uses are consistent with ground floor uses permitted by other first-class institutional quality prestige office buildings in the Glendale-Pasadena area. Tenant shall not use or occupy the Premises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy, or TCO or its equivalent, issued for the Building of which the Premises are a part, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises for any purpose which is illegaldeclared by any governmental authority having jurisdiction to be a violation of any recorded covenants, dangerous to lifeconditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy, limb or property TCO or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingits equivalent. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy with radio or disturb other tenants, television broadcasting or reception from or in any way interfere with Landlord in the management and operation of the BuildingBuilding or elsewhere. Tenant will maintain the Premises in a clean and healthful condition, and shall comply with all laws, ordinances, orders, rules and regulations any direction of any governmental entity with reference to authority having jurisdiction which shall, by reason of the operation nature of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitationimpose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly within ten (10) days after demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section 8, or if Tenant’s use does not invalidate, but instead increases the cost of, the Americans insurance, Tenant shall pay for such increased cost. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with Disabilities Actthe rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Notwithstanding Tenant shall not commit or suffer to be committed any waste in or upon the foregoingPremises and shall keep the Premises in first class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area (“Excess Load”) specified for the Building by Landlord’s architect or engineer, Landlordwith the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, not files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for complying with any law, ordinance, order, rule or regulation the cost of any governmental agency all structural engineering required to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofdetermine Excess Load.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. The Tenant shall use the Premises for general office use consistent with the character of a first class office building, during such business hours as are typical to a software company operating in a first class office building, and shall not use or permit the Premises to be used for any other purpose without Landlord's prior written consent except that the Expansion Premises shall be used for the Permitted Use purpose of training employees and for no other purposesoftware training sessions directly related to Tenant’s business operations. Tenant agrees shall not to use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises for any purpose which is illegal, dangerous declared by any governmental authority having jurisdiction to life, limb be a violation of law or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsaid certificate of occupancy. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations any direction of any governmental entity with reference to authority having jurisdiction which shall, by reason of the operation nature of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitationimpose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with access to the Project, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of Alameda County, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions of Xxxx Center Pleasanton on October 5, 1993 as Instrument Number 93366552, as further amended by that certain Second Amendment to Declaration of Easement and Maintenance Agreement on July 31, 1997 as Instrument Number 97191415, as further amended by that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions on November 17, 2000 as Instrument Number 2000341937, as further amended by that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions on August 17, 2000 as Instrument Number 2000341939 (as amended, the Americans with Disabilities Act"CC&Rs"). Notwithstanding Tenant's use of the foregoing, Landlord, not Tenant, Premises shall be responsible subject to and Tenant shall comply with the CC&Rs, as the same may be amended from time to time, and all Applicable Laws. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for complying parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that and all such requires any structural alterations, unless the need to make a structural alteration results from easements and declarations. Tenant's manner use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the Xxxxxx Corporate Park Owner's Association in their sole discretion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, from time to time promulgate laws, rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. Tenant's particular design use of the Premises shall be subject to and Tenant shall comply with any and all such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with any and all federal, state or configuration local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the Premises, the acts Building, the Common Area or omissions the Project ("Environmental Laws"). If Tenant does store, use or dispose of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use "Hazardous Materials" (as distinguished from Tenant's particular manner of usehereinafter defined), Tenant shall notify Landlord in writing at least ten (10) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency days prior to the extent that such requires any structural alterations to their first appearance on the Premises. Tenant will comply with As used herein, "Hazardous Materials" means any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the rules environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and regulations of petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Building adopted and altered by Landlord Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to time time) and will cause all of its agentsthose chemicals, servantssubstances, contractorsmaterials, employeescontrolled substances, customersobjects, licensees and invitees to do so. All changes to conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit properties or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofeffects.
Appears in 1 contract
Samples: Office Lease (Rimini Street, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do or permit anything to be done in or about the Premises shall which will in any way unreasonably interfere with the rights of other occupants of the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Permitted Use and for no other purposePremises or the Project. Tenant agrees shall not do or knowingly permit to use be done anything which will invalidate or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of any insurance coverage policy(ies) covering the Buildings, the Project and/or their contents, and shall comply with respect all applicable and reasonable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function (to the Buildingextent such rules and regulations are provided to Tenant). Tenant shall conduct comply at its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply expense with all present laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of any all governmental entity with reference authorities that pertain to the operation of Tenant's business and to the use, condition, configuration Tenant or occupancy its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, whether or not Tenant, shall be responsible for complying ’s compliance will necessitate expenditures or interfere with any law, ordinance, order, rule or regulation its use and enjoyment of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will shall comply at its expense with all present covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Buildings and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof, and any amendments or modifications thereto which do not materially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the rules provisions of this Section, and regulations of the Building adopted and altered by shall indemnify Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofliability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Samples: Lease Agreement (Palm Inc)
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use set forth on page 1 of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesthis Lease, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply compliance with all laws, orders, judgments, ordinances, ordersregulations, rules and regulations of any governmental entity with reference codes, directives, permits, licenses, the PID Permit applicable to the operation of Tenant's business Project, covenants and restrictions now or hereafter applicable to the Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, Landlord“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Landlord shall not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency voluntarily encumber title to the extent that such requires Project after the date hereof with covenants, conditions or restrictions nor amend any structural alterationsexisting covenants, unless the need to conditions or restrictions encumbering title nor grant easements or make a structural alteration results from public dedications which materially and adversely (i) affect Tenant's manner of ’s use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use Use, (as distinguished ii) affect access to the Premises or the parking facilities, (iii) affect Tenant’s rights under this Lease, (iv) increase Tenant’s obligations under this Lease, and (v) decrease Tenant’s rights under this Lease. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement; provided, however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to continue the use in question while the matter is being contested. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's particular manner of use) ’s or Landlord’s insurance. Tenant shall not impose permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. If at any time during the Term any portion of the Project is leased to any third party(ies), Tenant shall reimburse Landlord promptly upon Tenant demand for any responsibility additional premium charged for compliance any such insurance policy by reason of Tenant’s failure to comply with any law, ordinance, order, rule the provisions of this Section or regulation otherwise caused by Tenant’s use and/or occupancy of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with use the rules Premises in a careful, safe and regulations of the Building adopted and altered by Landlord from time to time proper manner and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion permit waste, overload the floor or structure of the Premises, and at the termination of this Lease to deliver up subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in accordance the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which exceeds the structural capacity of the applicable floor within the Premises. Tenant shall not, without the prior written consent of Landlord which shall not be unreasonably withheld, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall, at its sole expense, make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with Article XXXV hereofthe ADA) related to Tenant’s particular use or occupancy of the Premises; provided, however, that if as a matter of law Tenant is entitled to not implement or delay implementation of an applicable Legal Requirement Tenant may not implement or delay such implementation for as long as legally permitted. Except as provided for in the preceding sentence, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant’s particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project that are required by Legal Requirements. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with Legal Requirements (excepting Landlord’s obligations with respect to the Premises as expressly set forth herein), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (excepting Landlord’s obligations with respect to the Premises as expressly set forth herein).
Appears in 1 contract
Samples: Lease Agreement (Illumina Inc)
Use. The Premises shall be used only for the Permitted Use and for no other purposeuses without Landlord's written consent. Tenant agrees not to use or permit the Tenant's use of the Premises for any purpose which is illegalshall be in compliance with and subject to all applicable laws, dangerous to lifestatutes, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawscodes, ordinances, orders, zoning, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules and regulations of any governmental entity with reference common law, relating to or affecting the Property, the Premises or the Building or the use or operation of Tenant's business and to the usethereof, conditionwhether now existing or hereafter enacted, configuration or occupancy of the Premisesincluding, including without limitation, the Americans with Disabilities ActAct of 1990, 42 USC 12111 et seq. Notwithstanding (the foregoing"ADA") as the same may be amended from time to time, Landlordall Environmental Laws (as defined in Section 15.1), not Tenantand any covenants, conditions and restrictions encumbering the Land and/or the Property ("CC&Rs") or any supplement thereto recorded in any official or public records with respect to the Property or any portion thereof (collectively, "Applicable Laws"). Tenant shall be responsible for complying with obtaining any lawpermit, ordinancebusiness license, order, rule or regulation of other permits or licenses required by any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from permitting Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises and for performing, at Tenant’s sole cost, all modifications or additions to the Permitted Premises in order to be in ADA compliance. Notwithstanding anything to the contrary contained herein, Landlord shall have no obligation to bring the Building into compliance with ADA, except as expressly provided in the Work Letter. In no event shall the Premises be used for any Prohibited Use (as distinguished from Tenant's particular manner of usedefined in Exhibit C) shall not impose upon Tenant or for any responsibility for compliance with any lawfederal illegal related activities (e.g., ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premisesdrug-related business). Tenant will shall comply with the rules and regulations of the Building adopted attached hereto as Exhibit D, together with such additional rules and altered by regulations as Landlord may from time to time prescribe ("Rules and will cause all of its agentsRegulations"). Tenant shall not commit waste, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy overload the floors or structure of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Building, subject the Premises, and at the termination Building or the Property to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would constitute a nuisance or would disturb, obstruct or endanger any other neighboring property owners, take any action which would abrogate any warranties, use or allow the Premises to be used for any unlawful purpose or conduct, or permit to be conducted, any auction upon the Premises. Notwithstanding anything in this Lease to deliver up the contrary, Tenant shall not be responsible for any Hazardous Materials (as defined in Section 15.1) existing on the Premises as of the date possession of the Premises is delivered to Landlord Tenant, except to the extent that Tenant knowingly exacerbates any such pre-existing condition in accordance with Article XXXV hereofthe Premises.
Appears in 1 contract
Samples: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)
Use. The Premises CITY hereby grants the COUNTY the non-exclusive right to use the Property for the transmission and receipt of wireless communication signals in any and all frequencies and the construction, operation, and maintenance of the tower, antennas, buildings, and related facilities and activities, except guy wires, and all other uses permitted under applicable zoning regulations ("Intended Use"). Provided; however, that the CITY grants to the COUNTY the exclusive right to use that portion of the Property described in Attachment A for the actual site of the Tower. The COUNTY intends to construct, as part of the improvements, a telecommunication tower (monopole) and associated antennae of a height not to exceed the total height of two hundred seventy five (275) feet. All such construction shall be used in accordance with EIA/TIA222G, Category III standards for the Permitted Use government emergency radio communications specifications. CITY agrees to cooperate with COUNTY in obtaining, at COUNTY'S expense, all licenses and permits required for no other purpose. Tenant agrees not to use or permit the COUNTY'S use of the Premises for any purpose which is illegalProperty (the "Governmental Approval"). COUNTY may construct additional improvements, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business demolish and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenantsreconstruct improvements, or restore, replace and reconfigure improvements at any time during the Initial Term or any Renewal Term of this Lease, with prior written notice to and subsequent written consent from the CITY; provided, however, no building built in any way interfere conjunction with Landlord the Tower shall exceed forty-five (45) feet in the management height. All such improvements and/or reconstruction shall conform to all applicable federal, state, agency and operation of the Building. Tenant will maintain the Premises in a clean and healthful conditionlocal codes, and comply with all laws, ordinances, ordersregulations, rules and regulations the provisions of this agreement. Nothing herein shall be deemed a waiver of any governmental entity with reference City of COCOA BEACH code requirements, including but not limited to, permitting requirements and previously approved plans. COUNTY shall have no right to create or cause a lien or encumbrance on the operation of Tenant's business Property and to that the use, condition, configuration or occupancy interest of the PremisesCITY shall not be subject to liens for improvements made by the COUNTY, including without limitation, and that the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, COUNTY shall be responsible for complying with notify any law, ordinance, order, rule or regulation contractor making such improvements of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use this provision of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofAgreement.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that is reasonably likely to damage to the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share (as set forth on Page 1 without adjustment pursuant to Section 5) as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises for or Tenant’s Alterations) make any purpose which is illegal, dangerous to life, limb alterations or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect modifications to the BuildingCommon Areas or the exterior of the Building that are required by Legal Requirements. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner Except as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord provided in the management and operation 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Building. Tenant will maintain Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and ail reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s particular use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations (not including the Permitted Use Tenant Improvements (as distinguished defined in the Work Letter) constructed pursuant to the Work Letter), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant's ’s particular manner use or occupancy of use) the Premises or Tenant’s Alterations (not including the Tenant Improvements constructed pursuant to the Work Letter). Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and Tenant agrees, at the termination of this Lease no material cost to deliver up the Premises Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used for the Permitted Use and for no other use or purpose. Nothing in this Lease shall be deemed to give Tenant agrees any exclusive right to such use in the Building, the Facility or the Project. Tenant shall not to use do or permit to be done in or about the use Premises nor bring, keep or permit to be brought or kept therein, anything which is prohibited by the attached Exhibit G or which is in conflict with or will invalidate any --------- insurance policy covering the Building, the Facility, the Project or any part thereof or which will in any way increase the existing rate of, or affect, any fire or other insurance upon the building or its contents, or which will cause a weight load or stress on the floor or any other portion of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation excess of the Building. Tenant will maintain weight load or stress which the floor or other portion of the Premises in a clean and healthful conditionis designed to bear. Tenant, and at Tenant's sole expense, shall comply with all lawsApplicable Laws affecting the Premises, ordinances, orders, rules and regulations the requirements of any governmental entity board of fire underwriters or other similar body, now or hereafter instituted, and shall also comply with reference any order, directive or certificate of occupancy issued pursuant to any Applicable Laws, which affect the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitationbut not limited to, any requirements of structural changes or other alterations related to or affected by Tenant's acts, occupancy, use or alteration of the Americans with Disabilities ActPremises. Notwithstanding The judgment of any court of competent jurisdiction or the foregoingadmission of Tenant in any action against Tenant, Landlord, whether or not TenantLandlord is a party to such action, shall be responsible for complying with any law, ordinance, order, rule or regulation conclusive as between Landlord and Tenant in establishing such violation. If by reason of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner failure to comply with the provisions of use this Article, the fire insurance rate shall at the beginning of this Lease or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for that part of all fire insurance premiums thereafter paid by Landlord which shall have been charged because of such failure of Tenant, and shall make such reimbursement upon the first day of the Premisesmonth following such outlay by Landlord. In any action or proceeding wherein Landlord and Tenant are parties, Tenant's particular design a schedule or configuration "make up" of rates for the Facility, the Building or the Premises issued by the California Fire Insurance Rating Organization, or other body fixing such fire insurance rates, shall be conclusive evidence of the Premises, facts therein stated and of the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant several items and charges in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations fire insurance rates then applicable to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Samples: Tenant Improvement Agreement (Preferred Credit Corp)
Use. The Premises shall be used and occupied only for the Permitted Use purpose stated on Exhibit A (the "Use") and for no other purpose. Tenant agrees shall not to use or permit the use of the Premises for any purpose which is illegalother purpose. Tenant shall, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect prior to the Buildingcommencement of the conduct of business from the Premises, obtain a certificate of occupancy (the "Certificate of Occupancy") from the appropriate governmental agency having jurisdiction over occupancy of the Premises. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord keep the Certificate of Occupancy in the management Premises at all times and operation immediately deliver a true copy of the BuildingCertificate of Occupancy to Landlord. Tenant will maintain shall not at any time use or occupy or permit the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises in violation of: (a) Section 8.3 of this Lease, "Tenant's Use Limited By Insurance"; (b) Exhibit C, "Rules and Regulations"; and (c) Certificates of Occupancy issued for the Project or Premises; and in the event that any department of the City or County in which the Project is located or of the State of Arizona shall hereafter at any time contend or declare that Premises are used for a purpose which is in violation of such Certificate or Certificates of Occupancy, including without limitationTenant shall, the Americans with Disabilities Actupon five (5) days notice from Landlord or any governmental agency, immediately discontinue such use of Premises. Notwithstanding the foregoing, Landlord, not Tenant, Failure by Tenant to discontinue such use after such notice shall be responsible for complying with considered a default under this Lease and Landlord shall have the right to terminate this Lease immediately, and in addition thereto shall have. the right to exercise any law, ordinance, order, rule or regulation of any governmental agency and all rights and privileges and remedies given to Landlord by and pursuant to the extent provisions of Article 14, "Defaults; Remedies". The statement in this Lease of the nature of the business to be conducted by Tenant in demised Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such requires business is lawful or permissible or will continue to be lawful or permissible under any structural alterations, unless Certificate of Occupancy issued for the need to make a structural alteration results from Tenant's manner of use of Project or otherwise permitted by law. Tenant shall not cut or puncture the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance roof of the Premises with ADA shall not include any upgrade nor go on to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy roof of the Premises for or the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any lawProject nor authorize anyone to cut, ordinance, order, rule puncture or regulation of any governmental agency to go on the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations roof of the Building adopted and altered by Premises or Project without the prior written consent of Landlord. Landlord from time reserves to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees itself the right to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy use any Common Areas of the existing rules Project or to license the use of Common Areas to others under terms and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste conditions to be committed on any portion determined solely in the discretion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLandlord.
Appears in 1 contract
Samples: Center Lease Agreement (Cdex Inc)
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use set forth in Section 1I of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the use of the Premises same to be used or occupied for any other purpose without the prior written consent of Landlord, which is illegal, dangerous to life, limb consent may be given or property or which, withheld in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business sole and control its agents, servants, contractors, employees, customers, licenseesabsolute discretion, and invitees Tenant agrees that it will use the Premises in such a manner so as not to interfere with, annoy with or disturb infringe upon the rights of other tenants, tenants or in any way interfere with Landlord occupants in the management and operation of the BuildingProject. Tenant will maintain the Premises in a clean shall, at its sole cost and healthful conditionexpense, and promptly comply with all laws, statutes, ordinances, orders, rules and governmental regulations of any governmental entity with reference or requirements now in force or which may hereafter be in force relating to or affecting (i) the operation of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, Premises or the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency Project (excluding structural changes to the extent that such requires any structural alterations, unless the need Project not related to make a structural alteration results from Tenant's manner of particular use of the Premises), Tenant's particular design and/or (ii) improvements installed or configuration of constructed in the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed Premises by or on behalf for the benefit of Tenant. Tenant in the Premises; Tenant's responsibility for compliance shall not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises with ADA to occupy the Premises at any time. Tenant shall not include do or permit to be done anything which would invalidate or increase the cost of any upgrade insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to the Building electrical system. by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord acknowledges that for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's mere occupancy failure to comply with the provisions of this Section 7. Tenant shall comply with Landlord's reasonable sustainability practices and shall not permit any use of the Premises for which may affect the Permitted Use (as distinguished from Tenant's particular manner continued certification of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency the Project issued pursuant to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit LEED rating system (or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofother applicable certification standard).
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit set forth in the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the BuildingBasic Lease Provisions above. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, orders, judgments, ordinances, ordersregulations, rules codes, directives, permits, licenses, covenants and regulations of any governmental entity with reference restrictions now or hereafter applicable to the operation of Tenant's business Premises, and to the useuse and occupancy thereof, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with With Disabilities Act, 42 U.S.C. § 12101, et seq. Notwithstanding (together with the foregoingregulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall promptly discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement unless Tenant contests such violation (and diligently prosecutes such contest to resolution) in which case Landlord shall not require Tenant to discontinue such use provided that the continuance of such use does not adversely affect the use and occupancy of the Project by any other tenant. Tenant will not use or permit the Premises to be used for any purpose or in any manner (other than as allowed by the Permitted Use) that would void Tenant’s or Landlord’s insurance, not Tenantmaterially increase the insurance risk, shall be responsible for complying with any law, ordinance, order, rule or regulation cause the disallowance of any governmental agency sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation” (other than as allowed by the Permitted Use), as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 10 business days after written demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or unreasonably obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Except to the extent that Tenant has obtained Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such requires any structural alterations, unless items through the need to make a structural alteration results from Tenant's manner of use Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s expense and not as part of Operating Expenses, for the compliance of the Common Areas of the Building with the ADA as of the Commencement Date for the original Premises. If it is determined following the Commencement Date for the original Premises (e.g. because Alterations or tenant improvements are constructed in any of the Must Take Space) that the Common Areas of the Building were not in compliance with the ADA as of the Commencement Date for the original Premises, Tenant's particular design or configuration Landlord shall be responsible, at Landlord’s expense and not as part of Operating Expenses, for the cost of the compliance of the Common Areas of the Building with the ADA as of the Commencement Date for the original Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant . Except as provided for in the Premises; preceding two sentences, Tenant's responsibility for , at its sole expense, shall make any alterations or modifications to the interior of the Premises and/or the Common Areas that are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA shall not include any upgrade the ADA) related to the Building electrical system. Landlord acknowledges that Tenant's mere ’s use or occupancy of the Premises for the Permitted Use (as distinguished from or Alterations made by Tenant's particular manner of use) shall not impose upon Tenant . Notwithstanding any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency other provision herein to the extent that such requires contrary, Tenant shall be responsible for any structural alterations to and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Premises. Tenant will comply same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the rules and regulations failure of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to comply with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in accordance connection with Article XXXV hereofany failure of the Premises to comply with any Legal Requirement.
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used for the Permitted Use uses set forth in Subparagraph 1(v) above. and for no other purpose. Tenant agrees shall not to use or permit the use of the Premises to be used for any other purpose which is illegal, dangerous without the prior written consent of Landlord. Nothing contained herein shall be deemed to life, limb or property or which, give Tenant any exclusive right to such use in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy use or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain occupy the Premises in a clean and healthful conditionviolation of law or of the Certificate of Occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said Certificate of Occupancy. Tenant shall comply with all laws, ordinances, orders, rules and regulations With any director of any governmental entity with reference to authority having jurisdiction which shall. by reason of the operation nature of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, the Americans impose any duty upon Tenant or Landlord with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that Premises or with respect Landlord has supplied Tenant with and to the use or occupation thereof. Tenant shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord any additional premium charged for such requires any structural alterations, unless the need to make a structural alteration results from policy by reason of Tenant's manner failure to comply with the provisions of use this Paragraph. Tenant shall do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Landlord has supplied Tenant with, Tenant's particular design or configuration and Tenant shall comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, the acts Building, the Common Area or omissions of the Development. Tenant shall not commit or suffer to be committed any Tenant Related Parties waste in or any alterationsupon the Premises and shall keep the Premises in first class repair and appearance. Further, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant structure or to any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of other space in the Building adopted shall be so installed, maintained and altered used by Landlord from time Tenant as to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to eliminate such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit vibration or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofnoise.
Appears in 1 contract
Samples: Letter Agreement (2themart Com Inc)
Use. The Premises premises shall be used only for the Permitted Use purpose of receiving, storing, assembling, preparing for sale, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for no such other purposelawful purposes as may be incidental thereto. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the PremisesOutside storage, including without limitation, trucks and other vehicles and the Americans washing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of tractor trailers perpendicular to and abutting Tenant's loading docks is permitted. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with Disabilities Act. Notwithstanding the foregoingall governmental laws, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency ordinances and regulations applicable to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premisespremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the premises, all at Tenant's particular design or configuration sole expense; provided, that Tenant shall not be obligated to correct any failure of -------- Landlord's Work to comply with applicable laws as of the Premisescommencement date. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the acts premises, nor take any other action which would constitute a nuisance or omissions would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant Related Parties will not permit the premises to be used for any purpose or in any alterations, additions, or improvements manner (including without limitation any method of storage) which would render the Landlord Work) performed by insurance thereon void or on behalf the insurance risk more hazardous or cause the State Board of Tenant Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the Premises; fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere use and occupancy of the Premises for premises, or if Tenant vacates the Permitted Use (premises and causes an increase in such premiums, then Tenant shall pay as distinguished from Tenant's particular manner additional rental the amount of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency such increase to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLandlord.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business reimburse Landlord promptly upon demand (and control its agents, servants, contractors, employees, customers, licensees, and invitees in delivery of reasonable supporting documentation) for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s particular use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's business and ’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the useCommon Areas or the exterior of the Building that are required by Legal Requirements, conditionincluding the ADA. Tenant, configuration at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities ActTenant Improvements or Tenant’s Alterations. Notwithstanding any other provision herein to the foregoingcontrary, Landlordexcept as otherwise expressly set forth in the first sentence of this paragraph, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Tenant’s failure to comply with Legal Requirements related to Tenant’s use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration occupancy of the Premises, the acts Tenant Improvements or omissions Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of Tenant or in connection with any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule Legal Requirement related to Tenant’s use or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and at Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the termination of this Lease Project and/or the Premises, and Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use specified in Paragraph 1, and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, and Tenant agrees that it will use of the Premises for any purpose which is illegal, dangerous in such a manner so as not to life, limb interfere with or property or which, infringe the rights of other Tenants in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct at its business sole cost and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and expense promptly comply with all laws, ordinancesstatutes, orders, rules ordinances and governmental regulations of any governmental entity with reference or requirements now in force or which may hereafter be in force relating to or affecting the operation of Tenant's business and to the use, condition, configuration use or occupancy of the PremisesPremises or the Building, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency structural changes to the extent that such requires any structural alterations, unless the need required due to make a structural alteration results from Tenant's manner of use of the Premises, Premises in excess of normal office use or Tenant's particular design or configuration improvements to the Premises in excess of normal office improvements. Tenant acknowledges that it has made its own investigation and determination of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance suitability of the Premises with ADA for its business operations and the requirements that may be imposed by Applicable Laws in order to conduct its business at the Premises and in no event shall not include Landlord have any upgrade responsibility for taking any action to the Building electrical system. Landlord acknowledges that obtain any conditional use permit, provide parking (except as expressly provided herein) or take other action to make Tenant's mere occupancy of the Premises comply with Applicable Laws. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire and extended coverage insurance policy covering the Building and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters including without limitation thereto, the installation of fire extinguishers or an automatic dry chemical extinguishing system. Tenant shall promptly upon demand reimburse Landlord for the Permitted Use (as distinguished from any additional premium charges for such policy by reason of Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency failure to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination provisions of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofParagraph. [SEE ADDENDUM SECTION 7.]
Appears in 1 contract
Samples: Office Lease (Acacia Research Corp)
Use. The Tenant shall use the Premises for general office, administrative, research and development, light assembly, shipping and receiving, and other legally permitted uses which have been approved by Landlord and are consistent with all City of Milpitas ordinances and other uses in the Project and Tenant shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the Premises to be used for any other purpose without Landlord's prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Premises or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises for any purpose which is illegal, dangerous declared by any governmental authority having jurisdiction to life, limb be a violation of law or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsaid certificate of occupancy. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations any direction of any governmental entity with reference to authority having jurisdiction which shall, by reason of the operation nature of Tenant's business and to the use, condition, configuration use or occupancy of the Premises, including without limitation, impose any duty upon Tenant or Landlord with respect to the Americans Premises or with Disabilities Actrespect to the use or occupation thereof. Notwithstanding Tenant shall not do or permit to be done anything which will invalidate or increase the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation cost of any governmental agency to fire, extended coverage or any other insurance policy covering the extent that Premises and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such requires any structural alterations, unless the need to make a structural alteration results from policy by reason of Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade failure to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building adopted and altered by Landlord from time to time and will cause all of its agentsProject, servantsor injure or annoy them, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or use or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in,
Appears in 1 contract
Samples: Article 16 (Xicor Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and for no other purposerestrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant agrees shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not to use or permit the use of the Premises to be used for any purpose which is illegal, dangerous to life, limb or property in any manner that would void Tenant's or which, in Landlord's opinioninsurance, creates a nuisance or which would increase the cost insurance risk, or cause the disallowance of insurance coverage with respect to the Buildingany sprinkler or other credits. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant's failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant's use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Commencement Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the performance of Tenant's business and work under the Work Letter and/or Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the usecontrary, conditionbut subject to Landlord's obligations as of the Commencement Date of the Lease, configuration Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with any failure of the Premises, or the Project to the extent related to Tenant's use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying to comply with any lawLegal Requirement from and after the Commencement Date, ordinanceand Tenant shall indemnify, orderdefend, rule hold and save Landlord harmless from and against any and all Claims arising out of or regulation of in connection with any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use failure of the Premises, or the Project to the extent related to Tenant's particular design use or configuration occupancy of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to Legal Requirement from and after the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofCommencement Date.
Appears in 1 contract
Samples: Lease Agreement (Equinix Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant shall not use or allow the Premises shall to be used for the Permitted Use and for no other any unlawful purpose. , nor shall Tenant agrees not to use permit any nuisance or permit the use of commit any waste in the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the BuildingSite. Tenant shall not perform any work or conduct its any business and control its agentswhatsoever in the Site other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase all applicable insurance policy(ies) covering the Building, servants, contractors, employees, customers, licenseesthe Site and/or their contents, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and shall comply with all applicable insurance underwriters rules. Subject to Section 5.3(f), Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of any all governmental entity with reference authorities that pertain to the operation of Tenant's business and to the use, condition, configuration Tenant or occupancy its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, whether or not Tenant, shall be responsible for complying 's compliance will necessitate expenditures or interfere with any law, ordinance, order, rule or regulation its use and enjoyment of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the rules provisions of this Section, and regulations of the Building adopted and altered by shall indemnify Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Samples: Lease (Endwave Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises for any purpose which is illegal, dangerous to life, limb as of the Commencement Date will not result in the voidance of or property or which, in Landlord's opinion, creates a nuisance or which would an increase the cost of insurance coverage risk with respect to the Buildinginsurance currently being maintained by Landlord. Tenant shall conduct its business and control its agentsnot permit any part of the Premises to be used as a “place of public accommodation”, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord defined in the management and operation ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be liable or responsible for costs incurred in connection with the performance of alterations or modifications to the Project (other than the Premises for which Tenant shall be solely responsible) that are required solely due to the non-compliance of the Project with Legal Requirements applicable to the Project (other than the Premises for which Tenant shall be solely responsible) as of the Lease Date. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Common Areas of the Building with the ADA as of the Lease Date, including ADA compliance requirements for the restrooms located on the first floor of the Building that are required by Governmental Authorities in connection with the issuance of the building permits required by Tenant for the construction of the Tenant Improvements. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and except to the extent expressly excluded from Operating Expenses in Section 5) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant's business and ’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the useCommon Areas or the exterior of the Building that are required by Legal Requirements, conditionincluding the ADA. Tenant, configuration at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, including without limitationTenant’s construction or installation of the Tenant Improvements or subsequent alterations to the Premises made by Tenant, but only to the Americans with Disabilities Actextent such alterations or modifications are particular to the Premises and are not generally applicable to all premises in the Building (for example, sprinkler system upgrades generally applicable to the Building shall be a capital expenditure performed by Landlord as an Operating Expense). Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any lawLegal Requirement. The repairs, ordinance, order, rule corrections or regulation replacements required of any governmental agency to Landlord or of Tenant under the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations foregoing provisions of the Building adopted and altered this Section 7 shall be made by Landlord from or Tenant, as applicable, within a reasonable time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees after being required to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Samples: Lease Agreement (Prothena Corp PLC)
Use. The Premises shall be used for the Permitted Use To use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of occupy the Premises for the Permitted Use Uses only, and not to injure or deface the Premises, Building, the Additional Building, the Site or any other part of the Complex nor to permit in the Premises or on the Site any auction sale, more than four (4) vending machines, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to permit in the Premises anything which would in any way result in the leakage of fluid or the growth of mold, nor to use or devote the Premises or any part thereof for any purpose other than the Permitted Uses, nor any use thereof which is inconsistent with the maintenance of the Building as distinguished from Tenant's particular manner an office building of use) the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building. Without limiting the generality of the foregoing, Tenant agrees that it shall not impose upon use the Premises or any part thereof, or permit the Premises or any part thereof to be used for the preparation or dispensing of food, except that Tenant may, with Landlord’s prior written consent (including approval of plans for any responsibility such equipment that has a water connection), which consent shall not be unreasonably withheld, install at its own cost and expense so-called hot-cold water fountains, coffee makers, microwave ovens, refrigerators and commonly used kitchen or pantry equipment (excluding, however, stovetops, hot plates, ovens or toaster ovens; however, toaster ovens with an auto-shutoff feature shall be permitted) for compliance the preparation of beverages and foods, provided that no cooking, frying, etc., are carried on in the Premises to such extent as requires special exhaust venting. Landlord hereby agrees that any equipment shown on Tenant’s final approved plans and equivalent equipment in substitution of such equipment shall not, if installed in accordance with any law, ordinance, such plans and maintained in good operating order, rule be deemed to violate the provisions of this Section 5.3. Further, (i) Tenant shall not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or regulation subtenants to, keep, maintain, store or dispose of (into the sewage or waste disposal system or otherwise) or engage in any governmental agency to the extent that such requires activity which might produce or generate any structural alterations to the Premisessubstance which is or may hereafter be classified as a hazardous material, waste or substance (collectively “Hazardous Materials”), under federal, state or local laws, rules and regulations, including, without limitation, 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. Tenant will comply with and Massachusetts General Laws, Chapter 21E and the rules and regulations promulgated under any of the Building adopted foregoing, as such laws, rules and altered by Landlord regulations may be amended from time to time (collectively “Hazardous Materials Laws”), (ii) Tenant shall immediately notify Landlord of any incident in, on or about the Premises, the Building or the Site of which it has knowledge that would require the filing of a notice under any Hazardous Materials Laws, (iii) Tenant shall comply and will shall cause all of its employees, invitees, agents, servantsindependent contractors, contractors, employees, customers, licensees assignees and invitees subtenants to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy comply with each of the existing rules foregoing and regulations (iv) Landlord shall have the right, at Landlord’s cost (except if a violation is attached hereto found), to make such inspections (including testing) as Exhibit D and made a part hereofLandlord shall elect from time to time to determine that Tenant is complying with the foregoing. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of Notwithstanding anything contained in this Lease to deliver up the contrary, Tenant shall have no obligation to remove any Hazardous Materials existing in the Premises prior to the Delivery Date, and Landlord shall be solely responsible for the costs of removal of the same in accordance with Article XXXV hereofapplicable law.
Appears in 1 contract
Samples: Agreement (Dynatrace Holdings LLC)
Use. The Tenant shall use and occupy the Premises shall be used only for the Permitted Use use set forth in Article l.G. of the Basic Lease Provisions and for no other purpose. Tenant agrees shall not to use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. Tenant shall not permit more than ten (10) people (including visitors) per one thousand (1,000) rentable square feet of the Premises to occupy the Premises at any time. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this Article. In addition to complying with other provisions of this Lease concerning the use of the Premises: (a) Tenant shall not use or allow any person to use the Premises for any purpose which that is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect contrary to the Building. Rules and Regulations (as defined below), that violates any applicable laws and orders, that constitutes waste or nuisance, or that would unreasonably annoy other occupants of the Project or the owners or occupants of buildings adjacent to the Project; and (b) Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawsrecorded covenants, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premisesconditions, and at restrictions that now or later affect the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofReal Property.
Appears in 1 contract
Samples: Standard Office Lease (Wowio, Inc.)
Use. The Premises Tenant shall be used not use the Property for any purpose other than the Permitted Use Use. The Tenant shall not use the Property for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Landlord, its other tenants or any other owner or occupier of neighbouring property. The Tenant shall not overload any structural part of the Property nor any machinery or equipment at the Property nor any Service Media at or serving the Property. Compliance with laws The Tenant shall comply with all laws relating to: the Property and for no other purpose. Tenant agrees not to the occupation and use or permit of the Property by the Tenant; the use of all Service Media and machinery and equipment at or serving the Premises for Property; any purpose which is illegalworks carried out at the Property; and all materials kept at or disposed from the Property. Without prejudice to any obligation on the Tenant to obtain any consent or approval under this lease, dangerous the Tenant shall carry out all works that are required under any law to life, limb be carried out at the Property whether by the owner or property the occupier. Within five working days after receipt of any notice or which, in Landlord's opinion, creates other communication affecting the Property (and whether or not served pursuant to any law) the Tenant shall: send a nuisance or which would increase copy of the cost of insurance coverage with respect relevant document to the Building. Tenant shall conduct its business Landlord; and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not take all steps necessary to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules notice or other communication and regulations take any other action in connection with it as the Landlord may require. The Tenant shall not apply for any planning permission for the Property without the Landlord's consent not to be unreasonably withheld. The Tenant shall comply with its obligations under the CDM Regulations, including all requirements in relation to the provision and maintenance of a health and safety file. The Tenant shall maintain the health and safety file for the Property in accordance with the CDM Regulations and shall give it to the Landlord at the end of the Building adopted and altered by term. The Tenant shall supply all information to the Landlord that the Landlord reasonably requires from time to time and will cause all to comply with the Landlord's obligations under the CDM Regulations. As soon as the Tenant becomes aware of its agentsany defect in the Property, servants, contractors, employees, customers, licensees and invitees it shall give the Landlord notice of it. The Tenant shall indemnify the Landlord against any liability under the Defective Premises Xxx 0000 in relation to do so. All changes to such rules and regulations will be sent the Property by Landlord to Tenant in writing. A copy reason of any failure of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow comply with any waste to be committed on any portion of the Premisestenant covenants in this lease. The Tenant shall keep the Property equipped with all fire prevention, detection and at fighting machinery and equipment and fire alarms which are required under all relevant laws or required by the termination insurers of this Lease the Property or reasonably recommended by them or reasonably required by the Landlord and shall keep that machinery, equipment and alarms properly maintained and available for inspection. Encroachments, obstructions and acquisition of rights The Tenant shall not grant any right or licence over the Property to deliver up a third party. If a third party makes or attempts to make any encroachment over the Premises Property or takes any action by which a right may be acquired over the Property, the Tenant shall: immediately give notice to the Landlord; and take all steps (including any proceedings) the Landlord in accordance reasonably requires to prevent or license the continuation of that encroachment or action. The Tenant shall not obstruct the flow of light or air to the Property nor obstruct any means of access to the Property. The Tenant shall not make any acknowledgement that the flow of light or air to the Property or that the means of access to the Property is enjoyed with Article XXXV hereofthe consent of any third party. If any person takes or threatens to take any action to obstruct the flow of light or air to the Property or obstruct the means of access to the Property, the Tenant shall: immediately notify the Landlord; and take all steps (including proceedings) the Landlord reasonably requires to prevent or secure the removal of the obstruction.
Appears in 1 contract
Samples: Dated 2010
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Net Multi-Tenant Laboratory 1616 Eastlake/Atossa - Page 6 Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance failure of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofLegal Requirement.
Appears in 1 contract
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees (collectively, the "Tenant Related Parties") in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way unreasonably interfere with Landlord in the management and operation of the Building, provided that, while such parties are outside of the Premises, Tenant shall only be required to use good faith efforts to cause its agents, contractors, customers, licensees and invitees to comply with the terms of this sentence. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities ActAct (collectively referred to as "Laws"). Notwithstanding the foregoingTenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any written notices it receives with respect to a violation or alleged violation of any Laws. Landlord, not Tenantwithin ten (10) days after receipt thereof, shall be responsible for complying provide Tenant with any law, ordinance, order, rule or regulation copies of any governmental agency written notices it receives with respect to a violation or alleged violation of any Laws with regard to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner condition of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building attached hereto as Exhibit C and such other reasonable rules and regulations adopted and altered by Landlord from time to time and of which Tenant has received prior written notice. Tenant will also cause all Tenant Related Parties to comply with the rules and regulations, provided that, while such parties are outside of the Premises, Tenant shall only be required to use good faith efforts to cause its agents, servants, contractors, employees, customers, licensees and invitees to do socomply with the rules and regulations. All changes Landlord shall make reasonable efforts to enforce all such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules a non-discriminatory and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofuniform manner.
Appears in 1 contract
Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)
Use. The Premises Tenant, upon payment of the rent herein reserved and the deposits contained herein and upon the performance of all of the terms of this lease, shall be used quietly have and enjoy the leased property, less that portion of the leased property needed for landlord’s intended construction, during the Permitted Use term of this lease, without hindrance or molestation by anyone claiming by or through the Landlord. The Tenant may use the premises for any lawful residential purpose, including the purpose of providing lodging to tenant=s guests or other invitees on a short-term basis and for no other purposepurposes. Tenant further agrees that it shall not to use or permit occupy the use premises in violation of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule regulation or regulation of any governmental agency violation of the terms and provisions of any applicable restrictions to which the extent that such requires any structural alterations, premises is subject. Tenant may not sublease or assign the premises on a short-term or long-term basis unless the need Tenant has obtained the prior written consent of the Landlord. The Tenant shall promptly at the discovery of any unlawful business, disreputable or extra hazardous use, take all necessary steps, legal and equitable, to make compel the discontinuance of such use and to oust and remove any occupants or other persons guilty of such unlawful, disreputable or extra hazardous use. The Tenant shall indemnify the Landlord against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and demands, including reasonable attorney's fees, arising out of any violation of or default in these covenants by the Tenant. The Tenant shall keep the leased premises in a structural alteration results neat, well-groomed, and clean manner, and shall remove any and all trash from the premises. The Tenant shall not cause any water or drainage problems upon the premises due to landscaping, grading, paving or construction. At the expiration of the term of this lease or its earlier termination, the Tenant shall remove any of the Tenant=s personal property from the leased property at the Tenant's manner of use of sole expense, and repair or replace any damage occasioned by the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofher guests.
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Samples: www.cityofeasley.com
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any purpose which is illegaland all demands, dangerous to lifeclaims, limb liabilities, losses, costs, expenses, actions, causes of action, damages or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licenseesjudgments, and invitees ail reasonable expenses incurred in such a manner as not to interfere withinvestigating or resisting the same (including, annoy or disturb other tenantswithout limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in any way interfere connection with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference Legal Requirements related to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitationand Tenant shall indemnify, the Americans with Disabilities Act. Notwithstanding the foregoingdefend, Landlord, not Tenant, shall be responsible for complying with hold and save Landlord harmless from and against any law, ordinance, order, rule or regulation of any governmental agency to the extent that and all such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofClaims.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's particular manner ’s use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at the termination of this Lease Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
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Use. The Tenant shall use the Premises solely for general office and administrative purposes consistent with the character of the Real Property as a first-class, multi-tenant office building project, and Tenant shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the Premises to be used for any other purpose or purposes whatsoever. Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of EXHIBIT D, attached hereto, or in violation of applicable Laws (as defined in Article 22 below). Tenant shall comply with all recorded covenants, conditions and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Real Property (including, without limitation, that certain proposed Agreement and Declaration of Covenants, Conditions and Restrictions for LNR Warner Center (the "PROPOSED CC&R'S") [a draft copy of the latest version of which dated September 13, 2000 has been provided to Tenant], in its final form as and when recorded against the Real Property, and as thereafter amended from time to time), so long as the same (including any actions undertaken by Landlord thereunder as "Declarant", and/or any amendments thereto unilaterally effected by Landlord as "Declarant" thereunder) (i) do not materially derogate from the rights of Tenant under this Lease, including, without limitation, the rights granted to Tenant pursuant to Sections 21.5 and 25.30 below, or (ii) result in an assessment of any additional material monetary obligations directly upon Tenant (as opposed to a pass-through of Direct Expenses described in Article 4 above). In connection with Tenant's compliance obligations under any such Laws and/or such recorded covenants, conditions and restrictions, and to the extent expressly required thereunder, Tenant agrees to: (A) develop an active recycling program to reduce solid waste, and participate in any such recycling program developed by Landlord or any common area association with or under in such covenants, conditions and restrictions, and/or developed by any local municipalities or governmental agencies having jurisdiction over the Real Property; (B) use reasonable efforts to cooperate in and comply with programs which may be undertaken by Landlord independently, or in cooperation with local municipalities or governmental agencies or other property owners in the vicinity of LNR Warner Center, to reduce peak levels of commuter traffic; such programs may include, but shall not be limited to, carpools, vanpools and other ride sharing programs, public and private transit, and flexible work hours; (C) to the extent any such traffic mitigation programs are deemed mandatory by such local municipalities or government agencies, to comply with such programs (including any programs implemented by Landlord or any common area association under any covenants, conditions and restrictions recorded against the Real Property); and (D) in connection with Tenant's obligations under clauses (B) and (C) hereinabove, Tenant agrees to appoint one of its employees to act as a liaison to the transportation coordinators in any buildings in the Real Property occupied or leased by Tenant. Landlord covenants and represents to Tenant that: (1) Tenant's use of the Premises for general office and administrative purposes is permitted under the Proposed CC&R's and will be permitted under any purpose which recorded covenants, conditions and restrictions and the provisions of all ground or underlying leases now or hereafter affecting the Real Property (collectively, the "RECORDED DOCUMENTS"); (2) to the extent Tenant is illegal, dangerous required to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase obtain approvals under any such Recorded Documents to have the cost full benefit of insurance coverage all rights specifically provided to Tenant under this Lease (including with respect to the Building. Tenant's signage rights in Section 21.5 and Tenant's Telecommunication Equipment in Section 25.30) and Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in must seek such a manner approvals through Landlord as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation owner of the Building. Real Property because Tenant will maintain the Premises in a clean and healthful conditionhas no standing under any such Recorded Documents to directly obtain such approvals on its own behalf, and comply with all laws, ordinances, orders, rules and regulations of Landlord shall use reasonable efforts (subject to Tenant reimbursing Landlord or paying directly for any governmental entity with reference reasonable out-of-pocket costs incurred by Landlord) to the operation of seek such approvals on Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency behalf to the extent that such requires not inconsistent with Landlord's rights or any structural alterations, unless other provisions of this Lease; and (3) the need to make a structural alteration results from Tenant's manner of use indemnification obligations contained in Section 3.4 of the PremisesProposed CC&R's (or the version thereof recorded against the Real Property), Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or and any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA amendments thereto to shall not include any upgrade apply to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter to the extent applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9 having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, provided, however, that Landlord shall not withhold its business consent to the placement of any such machinery or equipment or other fixtures (such as high density file cabinets) if and control its agents, servants, contractors, employees, customers, licensees, and invitees to the extent that same can be safely located on portions of the Premises supported by load bearing beams in such a manner as that will not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in compromise the management and operation safety of the Building. Except as may be provided under the Work Letter and pursuant to the plans and buildout approved for Landlord’s Work, Tenant will maintain shall not, without the prior written consent of Landlord, use the Premises in a clean and healthful conditionany manner which will require ventilation, and comply with all lawsair exchange, ordinancesheating, ordersgas, rules and regulations steam, electricity or water beyond the existing capacity of any governmental entity with reference the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Subject to the useobligations of Landlord which are specifically set forth in this Lease, conditionTenant, configuration at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA if applicable) related to Tenant’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, except for Landlord, not Tenant, shall ’s obligation to be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA as of the Commencement Date, Tenant shall not include be responsible for any upgrade to and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the Building electrical system. same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord acknowledges that Tenant's mere occupancy harmless from and against any and all Claims arising out of or in connection with any failure of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance to comply with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.Legal Requirement
Appears in 1 contract
Use. The Tenant shall use the Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use purpose of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingoffice/warehouse use. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all ordinances, statutes, laws, ordinances, orders, rules and regulations now in effect or which may hereafter be enacted, by the municipal, Immediately upon final execution hereof by Landlord and Tenant, Tenant shall apply to Prince George's County, Maryland, for a Use & Occupancy Permit. The cost of application and processing said permit shall be paid by Tenant. Tenant shall diligently pursue issuance of said Permit at the earliest possible date. In the event that any repairs, improvements or alterations are required by governmental authorities as conditions to issuance of said Use & Occupancy Permit, Landlord shall make repairs, alterations and improvements with respect to improvements performed by Landlord pursuant to Section 2.6 hereof at Landlord's sole cost and expense. In no event shall Landlord have any liability whatsoever for any failure to obtain a Use & Occupancy Permit or for any consequences resulting from such failure. In the event said Use & Occupancy Permit is not issued within Ninety (90) days following the date of final execution of this Lease, provided Tenant has diligently pursued issuance of said Permit, Tenant may, at Tenant's option, terminate this Lease by written notice to Landlord within said Ninety (90) day period, whereupon all monies deposited with Landlord shall be returned to the Tenant, and the parties shall be relieved of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereoffurther liability hereunder.
Appears in 1 contract
Samples: Agreement of Lease (Carpenter W R North America Inc)
Use. The Leased Premises shall be used and occupied by Tenant (and its permitted assignees and subtenants) solely for general office purposes and for other legally permitted uses consistent with the Permitted Use character of first-class office buildings in the Greenway Plaza and Galleria areas in Houston, and for no other purpose. Tenant agrees not to use or permit the use Included within permitted uses of the Leased Premises are the customary and reasonable activities of a bank, savings bank, savings and loan holding company, their successors or affiliates, or any similar financial institution. The Leased Premises shall not be used for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost rate of fire or liability or other insurance coverage on the Project or its contents, lower the quality or character of the Project, create unreasonable elevator loads, cause odors perceptible outside the Leased Premises, nor for a travel agency, nor, for as long as the existing lease with respect Dean Witter & Co. continues, for the retail or discount sale of stockx xx xxxxx if such activities constitute fifteen percent (15%) or more of the revenue generated by the business activities conducted in the Leased Premises. Any use of the Leased Premises for other than general office purposes shall be subject to the Buildingfurther limitation that such use may not consume disproportionate share of standard Building services or otherwise interfere with standard Building operations. Landlord has no current actual knowledge that the uses made by Tenant shall conduct its business of the Leased Premises as of the date hereof violate either the Old Lease (hereinafter defined) or this Lease, provided that Landlord is in no way waiving any failure of Tenant to comply with the provisions of this Lease or the Old Lease. In addition, Tenant may use a portion of the Leased Premises for purposes of a health or fitness center, cafeteria, and/or executive dining room provided (a) that such facilities are made available primarily to Tenant's employees and control its agents, servants, contractors, employees, customers, licensees, their invitees and invitees in such a manner as not to interfere withthe public generally, annoy or disturb other tenants, or in any way interfere with (b) all improvements necessary to such uses are approved by Landlord in the management and operation of the Building. Tenant will maintain the Premises its reasonable discretion, provided that Landlord's approval, in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenantits sole discretion, shall be responsible required for complying with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of installation and use of the Premisesall kitchen and related facilities and equipment, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed are installed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered contractors approved by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofthe terms of this Lease, and the cost of such improvements, including Landlord's review and approval thereof, is paid by Tenant, and (c) Tenant's installation and use complies in all respects with all applicable laws.
Appears in 1 contract
Use. The Premises shall be used only for the Permitted Use purpose of storage of wireless communication products and accessories and/or receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for no such other purpose. lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant agrees not to may also use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildinglight manufacturing. Tenant shall not conduct its business and control its agentsor give notice of any auction, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenantsliquidation, or in any way interfere with Landlord in going out of business sale on the management and operation of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit waste, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to overload the operation of Tenant's business and to the use, condition, configuration floor or occupancy structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. The Premises shall not be used as a place of public accommodation under the Americans with With Disabilities ActAct or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Notwithstanding the foregoingTenant shall, Landlordat its expense, not Tenantmake any alterations or modifications, shall be responsible for complying with any law, ordinance, order, rule within or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of without the Premises, that are required by Legal Requirements related to Tenant's particular design use or configuration occupation of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with not use or permit the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste Premises to be committed used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on any portion the Premises or the Project is caused by Tenant's use or occupation of the Premises, and at or because Tenant vacates the termination Premises, then Tenant shall pay the amount of this Lease such increase to deliver up Landlord. Any occupation of the Premises by Tenant prior to Landlord in accordance with Article XXXV hereofthe Commencement Date shall be subject to all obligations of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Brightpoint Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not use or allow the Premises shall to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Permitted Use and for no other purposePremises or the Site. Tenant agrees shall not to use perform any work or conduct any business whatsoever in the Site other than inside the Premises. Tenant shall not do or permit the use of the Premises for any purpose to be done anything which is illegal, dangerous to life, limb will invalidate or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of any insurance coverage with respect to policy(ies) covering the Building, the Site and/or their contents unless Tenant pays for such increase, and shall comply with all applicable insurance underwriters rules. Tenant shall conduct comply at its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of any all governmental entity with reference authorities that pertain to the operation of Tenant's business and to the use, condition, configuration Tenant or occupancy its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, whether or not Tenant, shall be responsible for complying ’s compliance will necessitate expenditures or interfere with any law, ordinance, order, rule or regulation its use and enjoyment of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will shall comply at its expense with all existing covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Site, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Site, provided same do not materially impair Tenant’s use and enjoyment of the Premises. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and regulations requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Site, results in a “capital” expenditure (as determined by generally accepted accounting principles, consistently applied) on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” expenditure), Tenant shall only be responsible for the amortized cost of such “capital” expenditure (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for capital expenditure is required due to Tenant’s particular use of the Building adopted and altered by Landlord from time to time and will cause all Premises (in which case Tenant shall be fully responsible for the entire cost of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof“capital” expenditure).
Appears in 1 contract
Samples: Lease (Senorx Inc)
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use of the Premises to be used for any purpose which is illegalor in any manner that would void Tenant’s or Landlord’s insurance, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost insurance risk (being understood that the Permitted Use as defined in this Lease will not increase the insurance risk), or cause the disallowance of insurance coverage with respect to the Buildingany sprinkler or other credits. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s particular use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises (reasonable wear and tear excepted) or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, not to be unreasonably withheld. Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Xxxxxx’s Share as usually furnished for the Permitted Use. Tenant acknowledges that Xxxxxxxx’s business operations are proprietary to Landlord. Absent prior written consent from Landlord, Tenant shall hold confidential and will not disclose to third parties, and comply shall require all Tenant Parties to hold confidential and not disclose to third parties, information regarding the systems, controls, equipment, programming, vendors, tenants, and specialized amenities of Landlord. Notwithstanding the foregoing, Tenant may disclose such information (x) to Tenant’s employees, board of directors, committees, lenders, investors, third parties, consultants and advisors as reasonably required in the ordinary course of Tenant’s operations, provided that Tenant shall request that such parties treat the information as confidential, and (y) for compliance with all lawsa valid order of a court or other governmental body having jurisdiction, ordinancesor any law, ordersstatute, rules and regulations of or regulation. Tenant, at its sole expense, shall make any governmental entity with reference alterations or modifications to the operation interior of the Premises that are required by Legal Requirements related to Tenant's business and to the use, condition, configuration ’s use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule or regulation of any governmental agency Legal Requirements to the extent that such requires any structural alterations, unless the need related to make a structural alteration results from Tenant's manner of ’s specific use of the PremisesPremises or Alterations (as defined in Section 12), Tenant's particular design and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or configuration in connection with any failure of the Premises to comply with any Legal Requirement. Nothing contained in this Lease shall (i) confer upon the Tenant the exclusive right to sell or provide in the Project any of the products or services (if allowed under the Permitted Use) permitted to be sold or provided from the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements nor (including ii) prevent the Landlord Work) performed by or on behalf of Tenant from leasing any other premises in the Premises; Tenant's responsibility for compliance Project to any other tenant(s) carrying on a business which is similar in whole or in part to the Permitted Use. Furthermore, the present Lease may not be interpreted in a way which would make it conditional to Tenant obtaining, from any applicable authorities, a permit, consent or authorization related to the Permitted Use. Tenant shall thus be solely responsible to obtain, at its cost, all necessary permits, consents and authorizations necessary to its occupation of the Premises with ADA shall not include any upgrade to and the Building electrical system. Landlord acknowledges that Tenant's mere occupancy carrying out of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofUse.
Appears in 1 contract
Use. The Premises shall be used only for the Permitted Use Uses set forth in the Basic Lease Information and for no other purposeuses. Tenant agrees not to use or permit the Tenant's use of the Premises for any purpose which is illegalshall be in compliance with and subject to all applicable laws, dangerous to lifestatutes, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawscodes, ordinances, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules and regulations of any governmental entity with reference common law, relating to or affecting the Project, the Premises or the Building or the use or operation of Tenant's business and to the usethereof, conditionwhether now existing, configuration or occupancy of the Premisesincluding, including without limitation, the Americans with Disabilities ActAct of 1990, 42 USC 12111 et seq. Notwithstanding (the foregoing“ADA”) as the same may be amended from time to time, Landlordall Environmental Laws (as defined in Section 12.1), not the CC&Rs and any supplement thereto which is permitted as provided in Section 1.3, and recorded in the official public records with respect to the Building or any portion thereof (“Applicable Laws”). Subject to limitations below, Tenant, at Tenant's sole cost and expense, shall comply with all Applicable Laws, which compliance obligation shall include the alteration of the Premises and/or any interior improvements or fixtures in order to comply with such Applicable Laws. Landlord shall be responsible for complying with any law, ordinance, order, rule obtaining the certificate of occupancy or regulation of any comparable governmental agency sign-off sufficient to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use permit occupancy of the Premises, and Tenant shall be responsible for obtaining any other business license, or other permits or licenses required by any governmental agency permitting Tenant's particular design use or configuration occupancy of the Premises. Landlord shall reasonably cooperate with Tenant in Tenant's efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord. Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make: (a) at Landlord's cost, without inclusion in Operating Expenses, all alterations, repairs and replacements to conform the Premises to Applicable Laws in effect as of the Effective Date; and (b) at Landlord's cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws enacted after the Effective Date, except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the acts or omissions of Premises by Tenant or any Tenant Related Parties or any alterationsParties, additions, or improvements (including the Landlord Work) performed by or on behalf of then Tenant in the Premises; shall perform such compliance work at Tenant's responsibility sole cost. In no event shall the Premises be used for compliance any of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the PremisesProhibited Uses set forth on Exhibit D attached hereto. Tenant will shall comply with the rules and regulations of the Building adopted attached hereto as Exhibit E, together with such additional rules and altered by regulations as Landlord may from time to time reasonably prescribe (so long as they do not materially interfere with Tenant's use of the Premises or impose additional material monetary obligations on Tenant). Tenant shall not commit waste, overload the floors or structure of the Building, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises, take any action which would obstruct or endanger any other tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord shall not be responsible for non-compliance by any other tenant or occupant of the Project with, or Landlord's failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant's or occupant's lease, but Landlord shall use commercially reasonable efforts to enforce the CC&Rs and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such other rules and regulations will be sent by with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to Tenant commence any litigation or other proceeding in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereofpursuing such enforcement). Tenant agrees shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up Building or the Premises to Landlord in accordance with Article XXXV hereofProject.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the use Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises for to be used as a “place of public accommodation”, as defined in the ADA or any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingsimilar legal requirement. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in reimburse Landlord promptly upon demand for any additional premium charged for any such a manner as not insurance policy by reason of Tenant’s failure to interfere with, annoy comply with the provisions of this Section or disturb other tenants, or in any way interfere with Landlord in the management and operation otherwise caused by Tenant’s use and/or occupancy of the BuildingPremises. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, and comply overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinances, orders, rules and regulations including conducting or giving notice of any governmental entity with reference auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the operation of Premises based upon Tenant's business and ’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the useinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, conditionwithout limitation, configuration compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding any other provision herein to the foregoingcontrary, Landlord, not Tenant, Tenant shall be responsible for complying any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with any law, ordinance, order, rule Legal Requirements related to Tenant’s specific use or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Permitted Use (as distinguished from Premises to comply with any Legal Requirement related to Tenant's particular manner ’s use or occupancy of use) the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not impose upon Tenant any responsibility for compliance be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at the termination of this Lease Tenant agrees to deliver up the Premises reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in accordance with Article XXXV hereofconnection therewith.
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Use. The Initial Ground Floor Premises shall be used and occupied for the Permitted Use laboratory, ambulatory out-patient medical office, or general business office purposes, and for no other use or purpose. Tenant agrees not to use or permit the use In no event shall any portion of the Premises be used for the purpose of an in-patient medical clinic or hospital use. The Initial Third Floor Premises and the Additional Premises shall be used and occupied for general business office purposes, and for no other use or purpose; provided, however, that if Tenant obtains approval for medical use on the third floor from the applicable governmental authorities and compliance with such approval does not require additional parking spaces in the Parking Facility to be allocated to Tenant, Tenant shall be permitted to use up to 5,000 sq. ft. of the Initial Third Floor Premises or the Additional Premises or both for laboratory or ambulatory out-patient medical office. As part of Tenant’s use as an ambulatory out-patient medical office, as contained above, Tenant shall be permitted to handle human blood, bodily fluids and syringes so long as Tenant fully complies with all applicable Laws relating to such use, including proper handling, storage and disposal of such human blood, bodily fluids and syringes. In no event shall Tenant use the sanitary or storm sewer systems serving the Building or the Project for disposal of any purpose which is illegal, dangerous to life, limb human blood or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingother bodily fluids. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules present and regulations of any governmental entity with reference future Laws relating to the operation of Tenant's business and to the use, condition, configuration ’s use or occupancy of the PremisesPremises (and make any repairs, including without limitationalterations or improvements as required to comply with all such Laws), and shall observe the Americans with Disabilities Act“Building Rules” (as defined in Section 27 - Rules and Regulations). Notwithstanding Except for its permitted use hereunder, Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used for educational activities, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, not Tenant(i) bring into the Building or the Premises anything that may cause substantial noise, shall be responsible for complying with odor or vibration, overload the floors in the Premises or the Building or any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premisesheating, Tenant's particular design ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or configuration of other systems in the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additionsBuilding (“Building Systems”), or improvements (including jeopardize the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations integrity of the Building adopted and altered by Landlord from time or any part thereof (the “Base Building”); (ii) connect to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy the utility systems of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to commit any electrical circuit in the Premises any equipment or allow any waste to be committed on any portion other load with aggregate electrical power requirements in excess of 80% of the Premises, and at rated capacity of the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofcircuit.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not to use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Landlord acknowledges that the currently contemplated use of the Premises by Tenant in a manner consistent with Tenant’s current operations at 0000 Xxxxxxxx Xxxxxx Xxxx will not violate the foregoing sentence and will not currently result in any increase in Landlord’s insurance premiums. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any purpose additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or unreasonably interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which is illegalwill require ventilation, dangerous air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to lifethe Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, limb or property or whichat Landlord’ sole cost and expense, be responsible for the compliance of the Project (other than the Premises which will be constructed pursuant to the Work Letter) with applicable Legal Requirements as of the Commencement Date including, without limitation, costs incurred in Landlord's opinion, creates connection with complying with Legal Requirements specifically attributable to converting the use of the Building from an office building to a nuisance or building which would increase includes laboratory use. Except as provided for in the cost of insurance coverage preceding sentence with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation compliance of the Building. Tenant will maintain Project (other than the Premises) with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises in a clean and healthful conditionor the Project that are required by Legal Requirements (including, and comply without limitation, compliance of the Premises with all laws, ordinances, orders, rules and regulations of any governmental entity with reference the ADA) related to the operation of Tenant's business and to the use, condition, configuration ’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding anything to the foregoingcontrary contained herein, Landlord, not Tenant, Landlord shall be responsible responsible, subject to reimbursement as part of Operating Expenses, for complying with any law, ordinance, order, rule or regulation of any governmental agency making (i) all improvements and alterations to the extent that such requires any Project (outside of the Premises) which are required to cause the same to comply with all future Legal Requirements, and (ii) structural alterationsimprovements or alterations to the Project (including the Premises) which are required to cause the same to comply with all future Legal Requirements, unless the need to make a structural alteration results from in either clause (i) or (ii) such improvements or alterations are required by virtue of Tenant's ’s particular manner of use of the PremisesPremises or are required as a result of improvements, Tenant's particular design alterations or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed modifications made by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA which case Tenant shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises be responsible for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premisessame. Tenant will comply with the rules shall be responsible for any and regulations all demands, claims, liabilities, losses, costs, expenses, actions, causes of the Building adopted and altered by Landlord from time to time and will cause all of its agentsaction, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit damages or allow any waste to be committed on any portion of the Premisesjudgments, and at all reasonable expenses incurred in investigating or resisting the termination same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to meet Tenant’s obligations under this Lease to deliver up the Premises to Landlord in accordance comply with Article XXXV hereofLegal Requirements.
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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and for no other purposein compliance with the site development permit applicable to the Project and all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant agrees not to use or permit the shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises for any purpose which is illegaldeclared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, dangerous however, that Tenant may continue the use in question if Tenant is contesting the same with the applicable Governmental Authority and Tenant is permitted under Legal Requirements to life, limb or property or which, continue the use in Landlord's opinion, creates a nuisance or which would increase question while the cost of insurance coverage with respect to the Buildingmatter is being contested. Tenant shall conduct its business and control its agentsnot permit any part of the Premises to be used as a “place of public accommodation”, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord defined in the management and operation of the BuildingADA or any similar legal requirement. Tenant will maintain use the Premises in a clean careful, safe and healthful conditionproper manner and will not commit or permit waste, overload the floor or structure of the Premises, conduct any auction, liquidation, or going out of business sale on the Premises, or use the Premises for any unlawful purpose. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. 743522686.11 Net Laboratory 10102 Xxxx Xxxx/Arrowhead - Page 9 Landlord, at its sole expense, shall be responsible, subject to the terms of the Work Letter, (i) for the compliance of the Building Shell with Legal Requirements (including the ADA) as of the date of Substantial Completion of Landlord’s Work, and comply (ii) for the compliance of the balance of Landlord’s Work with all lawsLegal Requirements (including the ADA) as of the date the applicable portion of Landlord’s Work is substantially completed. Following the date of Substantial Completion of Landlord’s Work, ordinancesLandlord shall, orders, rules and regulations of any governmental entity with reference as an Operating Expense (to the operation extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant's business and ’s particular use of the Premises, Tenant’s Work and/or Tenant’s Alterations) make any alterations or modifications to the useexterior portions of the Project that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, conditionTenant, configuration at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, including without limitation, the Americans with Disabilities ActTenant’s Work and/or Tenant’s Alterations. Notwithstanding the foregoing, Tenant acknowledges that Landlord, at its sole expense, may, but shall not Tenantbe obligated to, shall be responsible for complying seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with any law, ordinance, order, rule or regulation of any governmental agency respect to the extent that such requires any structural alterations, unless the need to make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of Project and/or the Premises, and at Tenant, without expense to Tenant, agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith; provided, however, the termination of this Lease to deliver up the Premises to Landlord Target Commencement Date, shall not be extended in accordance connection with Article XXXV hereofsuch certification.
Appears in 1 contract
Use. Tenant will use the premises for the operation of a first class banking institution. The Premises shall not be used for any other use without Landlord's prior written consent. Tenant will comply with all applicable laws concerning the Permitted Use Premises and Tenant's use of the Premises. Tenant is advised that portions of the Building are used as a library and for no offices for other purpose. Tenant agrees tenants, and will not use the Premises in any manner that will violate any law, covenant, condition or restriction affecting the Building or the certificate of occupancy for the Building, or constitute waste, nuisance, or unreasonable annoyance to use or permit the other Tenants' uses of Building, including without limitations library users, and shall, upon notice from Landlord, immediately discontinue any use of the Premises for which violates the provisions herein or is declared by any purpose which is illegal, dangerous governmental authority having jurisdiction to life, limb be a violation of law or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Buildingcertificate of occupancy. Tenant will maintain the Premises in a clean Tenant, at Tenant's sole cost and healthful conditionexpense, and shall comply with all laws, ordinances, ordersregulations, rules rules, requirements and regulations directions of any governmental entity with reference to agencies or authorities having jurisdiction which shall, by reason of the operation nature of Tenant's business and use or occupancy impose any duty upon Tenant or Landlord with respect to the usePremises or the Building, or either of their use or occupation, including without limitation the provisions of all Laws and the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter: constituted, relating to or affecting the condition, configuration use or occupancy of the Premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on at the Premises or if a failure to procure such a license or permit might or would, including without limitationin any way, affect Landlord, the Americans Premises, or the ability of Tenant to operate its business, then Tenant, at Tenant's expense, shall, at all times, obtain and comply with Disabilities Actthe requirements of each such license or permit. Notwithstanding The judgment of any court of competent jurisdiction or the foregoingadmission of Tenant in any action against Tenant, Landlordwhether Landlord is a party thereto or not, not Tenantthat Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be responsible for complying with any law, ordinance, order, rule or regulation conclusive of any governmental agency to the extent that such requires any structural alterations, unless the need to make a structural alteration results from fact as between Landlord and Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Samples: Assignment, Assumption and Consent Agreement (FNB Bancorp/Ca/)
Use. The Tenant shall use the Leased Premises shall be used solely for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegalUse, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingas defined herein. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenantsuse the Leased Premises, or permit their use, for any other purpose or any Prohibited Use described in Exhibit I.. Tenant shall obtain, at its own cost and expense, any way interfere with Landlord in the management and operation of the Buildingall licenses and permits necessary for such use. Tenant will maintain the Premises in a clean and healthful condition, and shall comply with all restrictions and easements applicable to the Leased Premises and with all federal, state, municipal, and other laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and authority that apply to the use, conditionconstruction, configuration renovation, repair, operation, or occupancy of the Leased Premises or to Tenant's business, or which pertain to health or the environment. Tenant acknowledges that there may be schools and churches in the vicinity of the Leased Premises and that their presence may impose special laws, ordinances, rules, regulations and the like on Tenant's operations within the Leased Premises, including and, without limitationlimiting the generality of the preceding sentences of this Article, Tenant agrees, in the Americans operation of its business in the Leased Premises, to comply with Disabilities Actall such laws, ordinances, rules, regulations, and the like. Notwithstanding Outside storage, other than within fenced areas, is prohibited without Landlord's prior written consent. Tenant shall install, remove and alter the fixtures, equipment and facilities located in the Leased Premises and shall pay the cost of alterations to the Leased Premises that may be required to comply with all such restrictions, easements, laws, ordinances, rules and regulations. Without limiting the generality of the foregoing, Tenant shall fully comply with the provisions relating to "Hazardous Substances" set forth in Exhibit "H" and Prohibited Uses set forth in Exhibit "I".. Tenant shall not engage in any activity or permit any nature of construction by Tenant or any other condition at the Leased Premises which would cause Landlord's fire and extended coverage insurance to be canceled, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation the rate therefor increased or cause the disallowance of any governmental agency sprinkler credits, if the Building is sprinklered. Tenant shall comply with such safety recommendations and reasonable loss prevention and loss reduction recommendations as Landlord or Landlord's insurance carriers (or both) may, from time to the extent that such requires time, request and Tenant shall not make any structural alterations, unless the need to make a structural alteration results from Tenant's manner of unlawful use of the Premises, Tenant's particular design Leased Premises or configuration of the Premises, the acts permit any unlawful use thereof; and Tenant shall not commit any act which is a significant nuisance or omissions of Tenant annoyance to Landlord or any Tenant Related Parties or any alterations, additionsto other tenants, or improvements (including the Landlord Work) performed by or on behalf of Tenant which might, in the good faith business judgment of Landlord, injure or depreciate the Leased Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereof.
Appears in 1 contract
Use. The Tenant shall use and occupy the Premises only for the use set forth in Article 1.F. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of other tenants or occupants in the Project. Subject to casualty, condemnation and repairs, Tenant shall have the right to use and have access to the Premises and the common areas serving the Premises on a seven (7) days a week, twenty-four (24) hours a day basis throughout the Term without obtaining any consent from or giving notice to Landlord. Except to the extent such compliance obligations are otherwise those of Landlord as provided herein, Tenant shall, at its sole cost and expense, promptly comply with all applicable laws, statutes, ordinances, governmental regulations or requirements (collectively, "Laws") now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant's particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. Tenant's use of the Premises shall be used subject to all applicable Laws including, without limitation, any applicable zoning laws. Tenant shall not knowingly do or permit to be done anything which would invalidate or increase the cost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply (but without obligation to install any improvements or additions or make any upgrades) with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the Permitted Use and for no other purposeprovisions of this Article. Tenant agrees not to use keep any trash, garbage, waste or permit the use of other refuse on the Premises for any purpose which is illegal, dangerous except in sanitary containers and agrees to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase regularly and frequently remove same from the cost of insurance coverage with respect to the BuildingPremises. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in keep all containers or other equipment used for storage of such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises materials in a clean and healthful sanitary condition, . Tenant shall keep the sewage disposal system in the Premises free of all obstructions and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to in good operating condition. If the operation volume of Tenant's business and trash becomes excessive in Landlord's judgment, Landlord shall have the right to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act. Notwithstanding the foregoing, Landlord, not Tenant, shall be responsible charge Tenant for complying with any law, ordinance, order, rule or regulation of any governmental agency additional trash disposal services and/or to the extent require that such requires any structural alterations, unless the need to make a structural alteration results from Tenant contract directly for additional trash disposal services at Tenant's manner of use of the Premisessole cost and expense. Tenant shall, Tenant's particular design or configuration of the Premisesat its own cost, the acts or omissions of Tenant or any Tenant Related Parties or any alterationsretain a licensed, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance bonded professional pest and sanitation control service to perform inspections of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises less frequently than quarterly for the Permitted Use (as distinguished from Tenant's particular manner purpose of use) eliminating infestation by and controlling the presence of insects, rodents and vermin and shall not impose upon Tenant promptly cause any responsibility for compliance with any lawcorrective or extermination work recommended by such service to be performed. Such work shall be performed pursuant to a written contract, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A a copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to which shall be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises delivered to Landlord in accordance with Article XXXV hereofby Tenant upon request.
Appears in 1 contract
Use. The Premises shall be used for the Permitted Use and for no other purpose. a. Tenant agrees covenants with Landlord not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlordother than general office use for the conduct of Tenant's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Buildingbusiness. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain use the Premises in a clean and healthful conditionor allow the Premises to be used for any other purpose without the prior written consent of Landlord. Tenant, and at Tenant's expense, shall comply with all laws, ordinancescodes, rules, orders, rules ordinances, directions, regulations, and regulations requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any governmental entity duty upon Landlord or Tenant with reference respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business and to the usetherein, conditionincluding, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities ActAct of 1990, as amended (the "ADA"), and all regulations promulgated thereunder, all Environmental Laws (hereinafter defined), and all applicable zoning and recycling laws and regulations (all of the foregoing collectively referred to herein as the "Legal Requirements"). Notwithstanding the foregoingTenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, not Tenantits agents, shall be responsible for complying with any lawofficers, ordinance, order, rule directors and employees alleging or regulation of any governmental agency relating to the extent failure of the Premises to comply with Legal Requirements, including without limitation, the ADA. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that such requires constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any structural alterationsdisorderly, unless the need unlawful or hazardous purpose. Tenant covenants not to make a structural alteration results from change Tenant's manner of use of the PremisesPremises without the prior written approval of Landlord. Tenant shall not put the Premises to any use, Tenant's particular design the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or configuration the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the Premisesadditional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any Legal Requirements or the acts regulations or omissions directives of Tenant or any Tenant Related Parties or any alterations, additionsLandlord's insurance carriers, or improvements (including in any manner which interferes with the Landlord Work) performed by or on behalf quiet enjoyment of Tenant in the Premises; Tenant's responsibility for compliance any other tenant of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the PremisesBuilding. Tenant will comply with not install or operate in the rules Premises any electrical or other equipment, other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premisesother similar requirements, and at any changes, replacements or additions to any base building system, as may be occasioned by the termination operation of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofsaid equipment or machinery.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)
Use. The Lease Premises are hereby leased to Lessee as a site for a wireless communications facility and for any other lawful purpose, consistent with related applications, for which Lessee may desire to use the Leased Premises. Lessee shall have the right to erect, construct, operate, maintain, repair and replace on the Leased Premises the equipment described in Exhibit A – Product Specifications. Within the confines of the equipment footprint, Lessee shall have the right to erect, construct, operate, maintain, repair and replace on the Leased Premises the equipment described in Exhibit A. Lessee agrees and shall be used required to light the communications monopole or tower, if any, in the manner required by the Federal Aviation Agency for structures 200’ or higher. Only the items listed in Exhibit A are allowable on the Leased Premises. Any additional structures, antennae, footprints, equipment, cabinets of any kind, and/or any other items not specifically contained in Exhibit A and authorized by Lessor are strictly prohibited. Lessee’s failure to comply with the requirements of this paragraph shall constitute a default of this agreement and call for the Permitted Use immediate cancellation and for no termination of this agreement. Lessor shall have the right and authority to remove any and all structures, antennae, footprints, cabinets of any kind, or any other purposeitem placed/installed on the Leased Premises without notice to Lessee, in the event of a breach of this paragraph. Tenant agrees Lessor shall not to use or permit the use of the Premises be responsible for any purpose which is illegaldamage to any structures, dangerous to lifeantennae, limb or property or whichfootprints, in Landlord's opinionequipment, creates a nuisance or which would increase cabinets of any kind, and/or any other item removed from the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord Leased Premises in the management and operation event of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities ActLessee’s default. Notwithstanding the foregoing, LandlordLessee shall have the right to cure any default as provided under paragraph 8(b) of this Agreement. Lessee is hereby granted the limited right of ingress and egress to the Lease Premises during normal business hours of Lessor for the purpose of installation, not Tenantmaintenance, repair, replacement and removal of the communications tower and other equipment. Lessee shall have limited access to the Leased Premises at times when the Lessor’s business activity is closed, such as after 5:00 p.m., weekends and holidays. In the event Lessee requires access to the Leased Premises after hours, Lessee shall contact Lessor no less than four (4) hours prior to being granted access to the Leased Premises. Subject to the provisions of Paragraph 13 hereof, any and all structures, improvements, equipment, facilities and other property of whatever kind installed by or for Lessee on the Leased Premises shall be responsible for complying with any lawand remain the property of Lessee, ordinance, order, rule or regulation of any governmental agency whether affixed to the extent that such requires realty or not, and Lessee shall have the right to remove the same at any structural alterationstime during the term hereof and within 90 days after the termination or expiration of this lease or any extensions or renewals thereof. All the while, unless rent shall continue to be paid to Lessor until the need to make a structural alteration results from Tenant's manner of use removal of the Premisesproperty. Lessee agrees and understands that it is the Lessee’s responsibility to abide by all federal, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premises. Tenant will comply with the state and local rules and regulations pertaining to the operation of the Building adopted site and altered by Landlord from time of Lessee’s equipment; including without limitations, those pertaining to time the installation, maintenance, height, location, use, operation, and will cause all removal of its agentsequipment, servantsantenna systems, contractors, employees, customers, licensees and invitees to do soany other alterations or improvements authorized herein. All Lessee agrees and understands that changes to such in rules and regulations will be sent policies by Landlord to Tenant in writing. A copy agencies or persons other than Lessor that affect the operation or use of Lessee’s equipment and of the existing rules site are not Lessor’s responsibility. Lessee hereby represents that Lessee has obtained the necessary licenses and regulations is attached hereto as Exhibit D permits required to use said site, or that Lessee will obtain said licenses or permits, at Lessee’s own expense, prior to any such use. Lessee represents that it has independently ascertained that the site it adequate and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premisesproper for Lessee’s intended use and has entered into this Lease Agreement based solely upon said independent investigation, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofnot by any representation by Lessor.
Appears in 1 contract
Samples: Lease Agreement
Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities ActAct (collectively referred to as "Laws"). Except to the extent properly included in Basic Costs, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by law. Landlord, not Tenant, shall be responsible for complying with any law, ordinance, order, rule or regulation after the exhaustion of any governmental agency and all rights to the extent that such requires any structural alterationsappeal or contest, unless the need to will make a structural alteration results from Tenant's manner of use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterationsall repairs, additions, alterations or improvements (including necessary to comply with the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises for the Permitted Use (as distinguished from Tenant's particular manner of use) shall not impose upon Tenant any responsibility for compliance with any law, ordinance, order, rule or regulation terms of any governmental agency final order or judgment. Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any notices it receives with respect to the extent that such requires a violation or alleged violation of any structural alterations to the PremisesLaws. Tenant will comply with the rules and regulations of the Building attached hereto as EXHIBIT B and such other rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. A copy of the existing The rules and regulations is attached hereto as Exhibit D shall be generally applicable, and made a part hereof. Tenant agrees not generally applied in the same manner, to commit or allow any waste to be committed on any portion all tenants of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofBuilding.
Appears in 1 contract
Use. The To use and occupy the Premises shall be used for the Permitted Use only, as applicable, and for no other purpose. Tenant agrees not to injure or deface the Premises, Building, Office Park or Lot, nor to permit in the Premises any auction sale, or inflammable fluids or chemicals, except as expressly authorized or permitted hereunder, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to use or permit the use of devote the Premises or any part thereof for any purpose other than the Permitted Uses, as applicable, nor any use thereof which is illegalinconsistent with the maintenance of the Building as an office Building and/or office, dangerous to lifelab and research Building, limb or property or whichas applicable, of first class in Landlord's opinionthe quality of its maintenance, creates a nuisance use and occupancy, or which would is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the cost of premiums for any insurance coverage with respect on the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, or its contents or liable to render necessary any alteration or addition to the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Lease, including, but not limited to, this Section 5.3. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all lawsstatutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity with reference to whether in effect now or later (“Law(s)”) regarding the operation of Tenant's business and to ’s business, the use, condition, configuration or and occupancy of the 18 Cxxxxx Premises and/or the 14 Cxxxxx Premises, including without limitationas applicable, and the Americans with Disabilities Act18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, systems located in or exclusively serving the 18 Cxxxxx Premises and/or the 14 Cxxxxx Premises, as applicable. Notwithstanding the foregoingIn addition, LandlordTenant shall, not Tenantat its sole cost and expense, shall be responsible for complying promptly comply with any lawLaws that relate to the “Base Building” (defined below), ordinance, order, rule or regulation of any governmental agency but only to the extent that such requires any structural alterations, unless the need to make a structural alteration results from obligations are triggered by Tenant's manner of ’s use of the Premises, Tenant's particular design or configuration of the Premises, the acts or omissions of Tenant or any Tenant Related Parties or any alterations, additions, or improvements (including the Landlord Work) performed by or on behalf of Tenant in the Premises; Tenant's responsibility for compliance of the Premises with ADA shall not include any upgrade to the Building electrical system. Landlord acknowledges that Tenant's mere occupancy of the Premises other than for the Permitted Use (Use, as distinguished from applicable, or alterations or improvements in the 18 Cxxxxx Premises and/or the 14 Cxxxxx Premises, as applicable, performed or requested by Tenant's particular manner . “Base Building” shall include the structural portions of use) the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, the public restrooms and the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, mechanical, electrical and plumbing systems and equipment located in the internal core of the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, on the floor or floors on which the 18 Cxxxxx Premises and/or the 14 Cxxxxx Premises, as applicable, are located. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall not impose upon Tenant any responsibility exceed the standard density limit for compliance with any lawthe 18 Cxxxxx Building and/or the 14 Cxxxxx Building, ordinance, order, rule or regulation of any governmental agency to the extent that such requires any structural alterations to the Premisesas applicable. Tenant will shall comply with the rules and regulations of the Building attached as Exhibit F and such other reasonable rules and regulations adopted and altered by Landlord from time to time and will cause all of its agentstime, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such including rules and regulations will be sent by Landlord to Tenant in writing. A copy for the performance of alterations and the existing rules and regulations is attached hereto as Exhibit D and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of for the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in accordance with Article XXXV hereofOffice Park.
Appears in 1 contract
Samples: Lease (Quanterix Corp)
