Common use of Use Clause in Contracts

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 5 contracts

Samples: Office Space Lease, Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (United Business Holdings, Inc)

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Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material conducting a commercial general office business, research and irreparable harm to Landlord development and shall entitle Landlord to injunctive relief in addition to any all related purposes, and for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord; provided that . Tenant shall not commit or suffer to be committed any waste in or upon the foregoing Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law. The provisions of this Paragraph 1 are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment occupant of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseComplex.

Appears in 3 contracts

Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material used for general office and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to storage purposes only. Tenant will not use or occupy any other available remedy. The uses prohibited under this Lease shall include, without limitation, use part of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of having jurisdiction over the Premises. Tenant shall conduct its business and control its employees, agents, customers, subtenants and invitees in a manner which does not generatecreate any nuisance (including but not limited to noise, handledust, store vibrations or dispose odors), or interfere with, annoy or disturb any other owner or tenant of hazardous the Project or toxic materials (as such materials may Lessor in its operation of the Project. Tenant will not conduct or permit to be identified conducted any activity, or place any equipment in or about the Premises, which will in any federalway increase the rate of fire insurance or other insurance on the Project; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, state such statement shall be conclusive evidence that such increase in such rate is due to such activity or local law equipment and, as a result thereof, Tenant shall reimburse Lessor for such increase as additional rent hereunder and, further, shall discontinue or regulation) cause the discontinuance of such conduct or shall remove such equipment upon Lessor’s demand made any time thereafter. There shall be no sale of food or beverages in the Premises for consumption on or Project off the Premises by any means without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsLessor. Tenant agrees that it shall promptly complete and deliver to Landlord may not install any disclosure form regarding hazardous food or toxic materials that beverage vending machines within the Premises other than those which may be required installed by any governmental agencyLessor. Tenant shall alsonot permit intoxicating liquors to be kept or sold in the Premises except for business receptions, subject to compliance with applicable laws and Lessor’s reasonable rules. Notwithstanding any other provision of this Lease to the contrary, Tenant covenants and agrees to use commercially reasonable efforts to refrain from time doing any act or thing which would cause measurable interference with any telecommunications operations of any current or future tenant of the Project located on the roof of the Building. Such tenants occupying the roof of the Building shall be deemed third-party beneficiaries of the foregoing covenant and agreement by Tenant. For purposes of this Provision, measurable interference shall be defined to time upon request include an increase in noise floor, harmonic distortion or cross-talk. Tenant specifically acknowledges that the Building is a wood frame structure with wooden floors and agrees that such structure and floors will require enhanced precautions by LandlordTenant to prevent interference, execute such affidavits concerning Tenant’s best knowledge annoyance or disturbance of other owners or tenants in the Project. Tenant specifically agrees to take all reasonable precautions to contain any and belief regarding the presence of hazardous or toxic all dust, water and other materials in within the Premises. Landlord Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right at to limit the weight and prescribe the position of any time safes, concentrated filing systems and other heavy equipment placed in or on the Premises by Tenant. Any and all damage or injury to perform an assessment the Premises or the Project caused by moving the property of Tenant in or out of the environmental condition Premises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and expense. Tenant will notify the Property Manager prior to moving furniture, equipment or other fixtures and furnishings into or out of the Premises and of Tenant’s compliance shall comply with this Sectionsuch reasonable restrictions as the Property Manager may reasonably impose. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing No deliveries or pickups shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) left unattended at any loading dock in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 3 contracts

Samples: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with 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 Premises or the Project. Tenant shall not, without Landlord’s prior written consent conduct its business operations in areas outside the Premises or the Utility Building, including but not do limited to storing any property, equipment or permit to trash in such areas except as shown on Exhibit F attached hereto. Tenant shall be done anything which will invalidate or increase the responsible for any increased cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulescontents occasioned by its use. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be allocated to the Premises or Tenant in accordance with the provisions thereof, provided, however, that such future or amended covenants, conditions, easements or restrictions are provided to Tenant (and, to the extent action is required by any governmental agencyof Tenant to comply, Tenant has reasonable prior notice) and do not materially impair the rights of Tenant or materially increase the obligations of Tenant under this Lease. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional commercially reasonable insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or reasonable expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease’s noncompliance.

Appears in 3 contracts

Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Use. Tenant shall use and occupy the Premises only and solely for the Permitted Use and for no other purposes stated in Item 3 of the Basic Lease Provisionswhatsoever. The parties agree that any contrary use Tenant shall be deemed to cause material solely liable and irreparable harm to Landlord responsible for obtaining or maintaining any and shall entitle Landlord to injunctive relief in addition to all approvals, authorizations, licenses, variances, or permits from any other available remedy. The uses prohibited under this Lease shall includeprivate party or any governmental or quasi-governmental agencies (collectively, "Permits") required for the Permitted Use, including without limitation, use of those required by the Premises or a portion thereof for Environmental Protection Agency (i"EPA") offices of any agency or bureau of the United States or any state board or political subdivision thereof; agency having authority or jurisdiction over compliance with environmental laws, regulations, or procedures (iicollectively, "State Agency"). Landlord shall have no duty or obligation (except as required by law) offices to assist or agencies of otherwise work with Tenant in obtaining or maintaining any foreign governmental such Permits, and Landlord shall have no liability or political subdivision thereof; (iii) offices of obligation whatsoever in the event Tenant is unable to obtain any health care professionals such Permits for whatever reason. Tenant's ability to obtain or service organization; (iv) schools, temporary employment agencies maintain any such Permits is not a condition to this Lease or other training facilities which are Tenant's liabilities and obligations hereunder. Tenant's failure to obtain or maintain any such Permits shall not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsaffect this Lease in any manner whatsoever. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with 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, disreputable, or extra-hazardous purpose or in any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectmanner. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies(a) covering the Building, the Project and/or their contents, and shall comply with all Federal, state and local governmental laws, ordinances, orders, rules and regulations applicable insurance underwriters rules. Tenant shall comply at its expense to Tenant's use and occupancy of the Premises including, without limitation, compliance with all present and future laws, ordinances ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant the EPA or its use of the Premisesany State Agency and (b) not dump, including without limitation all federal and state occupational health and safety and handicap access requirementsdischarge, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handlerelease, store store, manufacture, or dispose of hazardous any hazardous, toxic or nuclear waste or other substances ("Other Hazardous Substances") considered hazardous, toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required nuclear by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials quasi-governmental agency in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part violation of any such assessmentlaws, Landlord orders, rules and regulations; and Tenant shall have the right, upon reasonable prior give prompt written notice to Tenant, Landlord of any notification to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseclaimed violation thereof.

Appears in 3 contracts

Samples: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)

Use. The Tenant Equipment Areas shall use the Premises only be used solely for the purposes stated in Item 3 --- installation, operation and maintenance of the Basic Lease ProvisionsTenant Equipment and for no other purpose whatsoever. 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. The uses prohibited under this Lease shall include, without limitation, Any use of the Premises Tenant Equipment Areas for any other purpose or a portion thereof for (i) offices of any agency attempt by Tenant to allow the use or bureau occupation of the United States or any state or political subdivision thereofTenant Equipment Areas by anyone other than Tenant shall, unless otherwise agreed to by Landlord in writing shall be a default; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment immediately terminate this License unless such default is not cured within five (5) Working Days after notice thereof. Tenant shall not use or permit the use of the environmental condition Tenant Equipment Areas 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. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCB's) or other environmentally hazardous materials will either be used or stored in or around the Tenant Equipment Areas except as otherwise specifically provided in this Paragraph; and no such materials will be used in any of the Premises Tenant Equipment installed by Tenant in the Tenant Equipment Areas. Notwithstanding the foregoing, Tenant may use and of Tenant’s store fossil fuels for its Generators and batteries for its emergency electrical backup systems in its Premises, so long as Tenant does so in compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantall applicable Legal Requirements. Tenant will cooperate not permit unauthorized persons or persons with insufficient expertise or experience to enter Service Areas to maintain or operate the Tenant Equipment. Tenant understands that the mechanical rooms within these Service Areas must be kept locked and secure at all times must not be available or open to the public. Landlord in connection with any assessment bymay, among at Landlord's discretion, authorize other things, promptly responding to inquiries licensees and providing relevant documentation and records. The reasonable cost tenants of the assessment/testing shall Building to use portions of the designated Pathways or Service Areas, or to use portions of other Pathway or Service Areas in the Building, whether for the installation of telecommunications equipment or otherwise, so long as such uses would not require Tenant to remove its previously installed Cable from the designated Pathways or Telecommunications Equipment from the designated Service Area. Tenant acknowledges that interruptions in utility services are not uncommon in facilities such as the Building and that any sensitive electronic equipment which may be reimbursed used in the Building should be protected by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with from utility service interruptions by the requirements use of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantbackup power supplies, its agentssurge protectors, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseand other appropriate safety systems.

Appears in 3 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions. The parties agree that Premises or any contrary portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall be deemed comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to cause material the Premises, the Project, and irreparable harm the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and shall entitle Landlord to injunctive relief in addition to expense obtain any other available remedy. The uses prohibited under this Lease shall include, without limitation, and all licenses and permits necessary for the use of the Premises Premises. Tenant shall not do or a portion thereof for (i) offices permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any agency or bureau of insurance policy covering the United States Project or any state part thereof or political subdivision thereof; (ii) offices or agencies any of its contents. In the event that, by reason of any foreign governmental acts of Tenant or political subdivision thereof; (iii) offices its conduct of business, there shall be any health care professionals increase in the rate of insurance on the Building or service organization; (iv) schoolsits contents, temporary employment agencies or other training facilities which are not ancillary Tenant hereby agrees to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms pay such as radio and/or television stationsincrease. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project or the Project, injure 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 Premises or the Projectannoy them. Tenant shall not do permit any nuisance in, on or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, handleTenant shall not, store without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of hazardous within or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in about the Premises or Project without any other portion of the prior Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent of Landlord; provided that to Tenant pursuant to the foregoing sentence, Tenant shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment Further without limitation of the environmental condition of foregoing, Tenant will not permit or suffer the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed be occupied or used in a manner that minimizes disruption offensive or objectionable to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among or other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost occupants of the assessment/testing shall be reimbursed Project by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) other tenants or those having business in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 3 contracts

Samples: Lease, Lease, Lease

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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the ProjectSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or the Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Site, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events future and present laws, ordinances, restrictions, regulations, orders, rules and 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 improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), Tenant shall indemnify only be responsible for the amortized cost of such capital improvement (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 improvement is required due to Tenant’s particular use of the “Indemnified Parties” Premises, (as defined in Section 10.3) in which case Tenants shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseeach capital investment).

Appears in 3 contracts

Samples: Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp), Industrial Lease (Advanced Medical Optics Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Office Space Lease (Netratings Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)

Use. Tenant shall use and occupy the Premises only for the purposes stated uses set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose 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 unreasonably infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat 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 specific use or occupancy of the Premises by Tenant (as opposed to the general use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. If Tenant permits more than six (6) people per one thousand (1,000) rentable square feet of the Premises to occupy the Premises in the Tower at any time, Tenant acknowledges that the Project systems may not be sufficient for Tenant’s use of the Premises and Landlord shall have no liability or a portion thereof responsibility for (i) offices the inadequacy of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Projectsystems. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances orders, regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premisesby major fire insurance underwriters, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use increased by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseArticle 7.

Appears in 2 contracts

Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)

Use. Tenant shall use the Premises only solely for general office, laboratory, research and development, manufacturing, all other life science uses and all other legally-permitted uses associated with Tenant’s business to the extent consistent with the current zoning for the purposes stated in Item 3 Premises, all applicable laws and the first-class nature of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Project as a first-class biotechnology project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with 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 purposeother purpose or purposes whatsoever without Landlord’s consent. Tenant shall not use, nor shall Tenant or suffer or permit any nuisance person or commit any waste in 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 the laws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall comply with the Rules and Regulations and all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Project, including but not do limited to, that certain Declaration of Covenants, Conditions and Restrictions (as amended, modified or permit supplemented from time to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingtime, the Project and/or their contents“Declaration”), dated June 6, 1984, by California Casualty Management Company, a California corporation, which was recorded as document #84061165 in the official records of San Mateo County, California, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present the Parcel 1 and future lawsParcel 2 Owners; as amended by that certain Amendment to Declaration of Covenants, ordinances Conditions and requirements of all governmental authorities that pertain to Tenant or its use of Restrictions dated and recorded on January 16, 2020 as Instrument 2020-004242 (collectively, the Premisesexisting “CC&Rs”), including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of as the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials same may be identified in any federalamended, state amended and restated, supplemented or local law or regulation) in the Premises or Project without the prior written consent of Landlordotherwise modified from time to time; provided that the foregoing shall any such amendments, restatements, supplements or modifications do not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning materially modify Tenant’s best knowledge and belief regarding the presence of hazardous rights or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseobligations hereunder.

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises in a careful, safe, and proper manner. TENANT will, at TENANT’s sole expense, only use and cause or permit the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any and all applicable municipal, county, state and federal laws, rules, directives, ordinances and regulations, permits, the purposes stated requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of LANDLORD’s engineers and/or consultants, relating in Item 3 any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and any covenants, conditions or restrictions of record, including without limitation all zoning, building and other codes, and the Americans with Disabilities Act, as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Basic Lease ProvisionsLeased Premises. TENANT will not commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. 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. The uses prohibited under this Lease term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Premises comfortable enjoyment of life or a portion thereof for property. Within ten (10) days after receipt, TENANT shall deliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) offices any notices alleging violations respecting the project and/or the Leased Premises of any agency or bureau of the United States or any state or political subdivision thereofApplicable Requirements; (ii) offices any notices of claims made or agencies threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any foreign governmental or political subdivision thereofApplicable Requirements; and (iii) offices any notices of any health care professionals governmental or service organization; (iv) schools, temporary employment agencies regulatory actions or other training facilities which are not ancillary investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to corporate, executive all or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants portion of the Building or Leased Premises and/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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseproject.

Appears in 2 contracts

Samples: Lease (GLAUKOS Corp), Lease (GLAUKOS Corp)

Use. 8.1 Tenant shall use the Premises only for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purposes stated operation and occupancy of a technology company headquarters in Item 3 the South of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Market District, and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, not use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 purposeother purpose without the prior written consent of Landlord, nor which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant permit Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any nuisance necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or commit other air-removal/circulation system, and any waste required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the ProjectPremises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the Compliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration 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 which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy(ies) policy covering the Site, the Building, the Project Premises, and/or their contents, property located therein and shall comply with all applicable insurance underwriters rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, Tenant shall promptly 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 Paragraph 8. Tenant shall comply at its expense not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will unreasonably obstruct or interfere with all present and future lawsthe rights of other tenants or occupants of the Building, ordinances and requirements of all governmental authorities that pertain or injure them, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or its use of permit any nuisance in, on or about the Site, the Building and/or the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsor allow any noxious odors to exist at or emanate from the Site, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Building and/or the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Site, handlethe Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect Huntsman Architectural Group, store or dispose with the partitions to be considered a part of hazardous or toxic materials (as such materials may be identified in any federalthe live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, state or local law or regulation) files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or Project without noise that may be transmitted to the prior written consent 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 all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of Landlord; provided that the foregoing earth movements. Landlord shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as responsible for any damage or liability for such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseevents.

Appears in 2 contracts

Samples: Lease (Okta, Inc.), Agreement of Lease (Okta, Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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 relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, federal state or local law or regulation) , in the Premises or Project the Office Building without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant Xxxxxx agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsopromptly, from time to time upon request demand, reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the provisions of this Section and shall indemnify Landlord from any liability and/or expense resulting from Xxxxxx's noncompliance. Tenant acknowledges that: (a) the Office Building does not comply in certain respects with the requirements of this Section. In all events Tenant shall indemnify each the Americans with Disabilities Act; and (b) certain portions of the “Indemnified Parties” (as defined in Section 10.3) in Office Building contain asbestos containing materials. Xxxxxxxx has been advised that these materials are non-friable and do not represent a health risk. Xxxxxx is invited to review reports concerning these matters on file at the manner elsewhere provided in this Lease from any release office of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseOffice Building.

Appears in 2 contracts

Samples: Assignment of Lease (NBC Internet Inc), Xoom 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 (subject to the provisions of Section 2.5) 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with 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 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 not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation of the Building structure or to the systems serving the Building is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on "capital" repairs or replacements contained in Section 4.2(g), shall be considered as part of "Project Costs" (except to the extent that such compliance obligations (I) are triggered by or relate to Tenant's use of the Premises for other than general office purposes, or (ii) are triggered by or relate to particular alterations or improvements installed by Tenant in the Premises, in which event Tenant shall not generateperform all required construction and/or rehabilitation at its sole cost and expense). Tenant shall comply at its expense with all existing covenants, handleconditions, store easements or dispose restrictions now affecting or encumbering the Building and/or Project, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall alsocomply at its expense with any future amendments or modifications to such existing covenants, from time to time upon request by Landlordconditions, execute such affidavits concerning easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s best knowledge 's use and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition enjoyment of the Premises and or materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 2 contracts

Samples: Lease (New Century Financial Corp), New Century Financial Corp

Use. Section 4.1. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree that any contrary general office use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the buildings, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction (“CC&R”) affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided that the foregoing provided, however, Tenant shall not be deemed required to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees any future CC&R that it shall promptly complete materially and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning adversely interferes with Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials rights expressly set forth in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition this Lease and/or Tenant’s use of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have for the right, upon reasonable prior notice Permitted Use pursuant to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination terms of this Lease. The provisions of this Article are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant shall have access to the Premises during the demised term twenty-four (24) hours a day, seven (7) days a week.

Appears in 2 contracts

Samples: Sublease (Aravive, Inc.), Lease Agreement (Versartis, Inc.)

Use. Tenant shall use the Premises only for general office use consistent with the purposes stated in Item 3 character of a first class office building and shall not use or permit the Basic Lease ProvisionsPremises to be used for any other purpose without Landlord’s prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material 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 Building or Project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States nature of Tenant’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 which will invalidate or increase the cost of any fire, extended coverage or any state 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant’s failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 the rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.any

Appears in 2 contracts

Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)

Use. Tenant shall use the The Premises are to be used only for general office purposes and for no other business or purpose without the purposes stated in Item 3 prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use No act 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with 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 Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present and future lawsnot, ordinances and requirements of all governmental authorities that pertain without Landlord's prior consent, install any equipment, machine, device, tank or vessel which is subject to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or regulation) 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, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises or Project without the prior written consent of Landlord; provided that the foregoing and shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long observe such reasonable rules and regulations as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as EXHIBIT F. Without limiting the foregoing, Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part of 's sole cost and expense for any such assessment, Landlord shall have the right, upon reasonable prior notice accommodations or alterations which need to Tenant, be made to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” (Americans With Disabilities Act of 1990, as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseamended.

Appears in 2 contracts

Samples: Lease Agreement (Texas Roadhouse, Inc.), Lease Agreement (Texas Roadhouse, Inc.)

Use. Tenant shall use the Premises only solely for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Permitted Use, and shall entitle Landlord not use the Premises, or permit or suffer the Premises to injunctive relief in addition to be used, for any other available remedypurpose without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. The uses prohibited under this Lease Tenant shall includecomply, without limitationand cause Tenant Parties to comply, use with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises or a any portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in make any way interfere with 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 penetrations in the Premises or roof of any Building without the Projectconsent of Landlord, and any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall not do commit, or permit allow Tenant Parties to be done anything which will invalidate or increase the cost of commit, any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment waste of the Premises. Tenant shall not generatedo, handleor permit Tenant Parties to do, store anything on or dispose of hazardous or toxic materials (as such materials may be identified about the Premises that in any federalway invalidates or prevents the procuring, state of any insurance protecting against loss or local law or regulation) in damage to any portion of the Premises or Project without the prior written consent its contents, or against liability for damage to property or injury to persons in or about any portion of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of For purposes hereof, "Tenant Parties" means Tenant’s compliance with this Section. As part of any such assessment's agents, Landlord shall have the rightcontractors, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agentssubcontractors, employees, contractorscustomers, subtenants licensees, invitees, assignees and subtenants; and the term "Applicable Laws" means all federal (to the extent not in direct conflict with applicable state, municipal or licenseeslocal cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any portion thereof, Landlord or Tenant, including both statutory and common law, hazardous waste rules and regulations, and state cannabis licensing and program laws, rules and regulations. The foregoing covenants shall survive Tenant may only place equipment within the expiration or earlier termination Premises with floor loading consistent with the applicable 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 this Leasesuch equipment.

Appears in 2 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Use. Tenant shall use the Premises only The premises are to be used for the general office purposes stated in Item 3 of the Basic Lease Provisionsand for no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use be made of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolspremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permit, occupancy certificate, or other entitlement affecting the rights use or quiet enjoyment of other occupants occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance upon the Project or allow cause a cancellation of any insurance policy covering the Premises to be used for building or any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulespolicy. Tenant shall comply at its own expense comply with all present and future laws, ordinances and ordinances, orders, rules, regulations, and/or requirements of all governmental authorities that pertain pertaining to Tenant Tenant's particular use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises's activities therein. Tenant shall not generatecommit, handleor suffer to be committed, store any waste upon the premises, or dispose any public or private nuisance, or other act or thing which may obstruct or disturb the quiet enjoyment of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) other tenant in the Premises Project, nor shall Tenant, without the written consent of Landlord, use any apparatus, machinery or Project device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this lease. Tenant shall not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by the air conditioning equipment, without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete may install the usual office machines and deliver equipment, such as electrical typewriters, adding machines, teletypewriters and similar equipment. Notwithstanding the foregoing, Tenant may install and operate at the premises computers and related equipment, subject to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence provisions of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment this lease respecting use of the environmental condition premises and installation of the Premises alterations and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetrade fixtures.

Appears in 2 contracts

Samples: Sublease Agreement (E Stamp Corp), Sublease Agreement (Keynote Systems Inc)

Use. Tenant shall not use or occupy or permit the Premises only to be used or occupied for any purpose other than for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Permitted Use, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in by Tenant’s Occupants which may (a) increase the existing rate or about violate the Premises which will in provisions of any way insurance carried with respect to the Property, (b) create a public or private nuisance, commit waste or interfere with the rights with, annoy or quiet enjoyment of disturb any other occupants tenant or occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an improper, immoral or allow the Premises to be used for any unlawful objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, (h) lower the first-class character of the Building, or (i) result in or facilitate the Project and/or their contentsoperation of any internet web site, and shall comply “dial-up” computer service, or telephone service providing or providing access to gaming or gambling content, product or services, dating or escort services, sexually themed content, products, services, pharmaceutical products or services, or illicit drug themed content, product or services or paraphernalia commonly used in connection with all applicable insurance underwriters rulesillicit drugs or substances. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful, safe and proper manner, (w) comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements of all governmental authorities that pertain and any covenants, conditions and restrictions existing with respect to Tenant the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or its use of the Premisescontaminants and those relating to access by disabled persons, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulationx) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each any board of fire underwriters or other similar body relating to the “Indemnified Parties” Premises, (as defined in Section 10.3y) in keep the manner elsewhere provided in this Lease from Premises free of objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any release of hazardous substances, hazardous wastes, pollutants or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive contaminants on the expiration or earlier termination of this LeaseProperty.

Appears in 2 contracts

Samples: Office Lease (Fatpipe Inc/Ut), Office Lease (Fatpipe Inc/Ut)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofintentionally omitted; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationintentionally omitted; (iv) schools, temporary employment agencies special classrooms or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not permit more than nine (9) persons on each balcony of the Premises at any time. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawslaws (“Allowed Materials”). Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable 24 hours prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with generated, handled, stored or disposed of Hazardous Materials in the requirements of this SectionPremises or the Project, except for the Allowed Materials. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. As of the date hereof, Landlord represents, to the best of its knowledge, the Premises is free of any hazardous materials. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 2 contracts

Samples: Office Lease (Avi Biopharma Inc), Office Lease (E Comnetrix Inc)

Use. Tenant Premises -------- The Premises shall use the Premises be used only for the purposes permitted Use as stated in Item 3 of the Basic Lease ProvisionsInformation. 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 No other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises may be made without Landlord's prior written approval, which shall be granted or a portion thereof withheld at Landlord's sole discretion. Without Landlord's prior written approval, which shall be granted or withheld at Landlord's sole discretion, Tenant shall not use the Premises to receive, store, or handle any product, material, or merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for (i) offices of any agency or bureau complying with all laws applicable to the Use, occupancy, and condition of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do permit any objectionable or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectunpleasant odors, smoke, dust, gas, light, noise, or use vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or allow would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance or commit manner that would 1) void any waste in insurance on the Premises or the Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. Tenant shall not do or permit pay to be done anything which will invalidate or Landlord on demand any increase in the cost of any insurance policy(ies) covering on the Building, Premises or the Project and/or their contentsincurred by Landlord that is caused by Tenant's use of the Premises or because Tenant vacates the Premises. Tenant represents and warrants to Landlord that Tenant's intended Use of the Premises is solely for business or commercial purposes, and not for personal, family, or household purposes. Parking Areas ------------- Tenant and its employees and invitees shall comply have the non-exclusive right to use, in common with all applicable insurance underwriters rules. Tenant shall comply others, any parking areas associated with the Premises which Landlord may from time-to-time designate for such use, at its expense with all present and future laws, ordinances and requirements an allocation of all governmental authorities that pertain to Tenant or its use no less than one parking spaces per 1500 square feet of the Premises, including without limitation all federal subject to 1) such reasonable rules and state occupational health regulations as Landlord may promulgate from time to time, and safety 2) rights of ingress and handicap access requirementsegress of other tenants and their employees, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use agents, and enjoyment of the Premisesinvitees. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing Landlord shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning responsible for enforcing Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's parking rights against third parties.

Appears in 2 contracts

Samples: Lease Agreement (Ebaseone Corp), Lease Agreement (Ebaseone Corp)

Use. Tenant The Premises shall use the Premises only not be used or occupied for any purpose other than for the purposes stated in Item 3 Permitted Use, and neither Tenant nor Tenant’s Occupants shall do anything that may (a) increase the existing rate or violate the provisions of any insurance carried with respect to the Basic Lease Provisions. 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 Property, (b) create a public or private nuisance, commit waste or unreasonably interfere with, annoy or disturb any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises tenant or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an illegal or allow the Premises to be used for any unlawful reasonably objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, or (h) lower the first-class character of the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful and safe manner, (w) comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements of all governmental authorities that pertain and any covenants, conditions and restrictions existing with respect to Tenant the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or its use of the Premisescontaminants and those relating to access by disabled persons, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulationx) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In any board of fire underwriters or other similar body relating to the Premises, (y) keep the Premises free of reasonably objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Property, except for de minimis quantities of typical cleaning and office supplies that are stored, used and disposed of in accordance with all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantapplicable laws, its agentsordinances, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseregulations and requirements.

Appears in 2 contracts

Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)

Use. Tenant shall may use the Premises only for the purposes stated in Item 3 Permitted Use, and must comply with all applicable statutes, laws, ordinances, codes, orders, rules and regulations, as well as all requirements of any of Landlord's insurance providers, relating to the use, condition and occupancy of the Basic Lease ProvisionsPremises. The parties agree that Premises may not be used for 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. The uses prohibited under this Lease shall include, without limitation, use of than the Premises or a portion thereof for Permitted Use which (i) offices is disreputable, creates fire hazards, or results in an increased rate of any agency insurance on the Building or bureau of the United States or any state or political subdivision thereofits contents; (ii) offices would violate any covenant, agreement, term, provision or agencies condition of any foreign governmental this Lease or political subdivision thereofis in contravention of the certificate of occupancy or zoning ordinances pertaining to the Building; (iii) offices would alter, affect or interfere with or would overload the electrical, mechanical or HVAC systems or any other component of any health care professionals the Building, or service organizationwould exceed the floor load per square foot which the floor was designed to carry and which is allowed by law; or (iv) schoolswould, temporary employment agencies or other training facilities which are not ancillary to corporatein Landlord's reasonable judgment, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with impair or tend to impair or exceed the rights design criteria, structural integrity, character, reputation or quiet enjoyment appearance of other occupants of the Building. Tenant will not conduct or permit the generation, transportation, storage, installation, treatment or disposal, either in 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of any hazardous or toxic materials (as such materials may be identified other than those customarily used by office tenants in the normal course of business), and Tenant will keep the Building and the Premises free of any lien or claim imposed under any federal, state or local law environmental statute, law, ordinance, code, rule or regulation) . If, because of Tenant's acts (which are outside of the Permitted Use and have not been approved in writing by Landlord), the Premises rate of insurance on the Building or Project without its contents increases, then such acts will constitute an Event of Default, Tenant must pay to Landlord the prior written consent amount of such increase on demand, and acceptance of such payment will not waive any of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws's other rights. Tenant agrees that it shall promptly complete to conduct its business and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, control its agents, employees, contractors, subtenants and invitees in such a manner as not to create any nuisance or licensees. The foregoing covenants shall survive unreasonably interfere with other tenants or Landlord in its management of the expiration or earlier termination of this LeaseBuilding.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)

Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 the basic lease provisions in Section 1.1 of this Lease, and in compliance with all Legal Requirements now or hereafter applicable to the Basic Lease Provisions. The parties agree that any contrary Premises, and to the 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. The uses prohibited under this Lease shall includeoccupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). 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 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or a portion thereof permit the Premises to be used for (i) offices any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance cost, or cause the disallowance of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies sprinkler or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationscredits. 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 do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or quiet enjoyment of other tenants or occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance equipment or commit any waste 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 do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingnot, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided Landlord use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the capacity of the Project as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be are required by any governmental agency. Tenant shall alsoLegal Requirements (including, from time without limitation, compliance of the Premises with the ADA) related to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence use or occupancy of hazardous or toxic materials in the Premises. Landlord Notwithstanding any other provision herein to the contrary, Tenant shall have 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 right at any time 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 related to perform an assessment Tenant’s use or occupancy of the environmental condition Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord or in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Premises to comply with any Legal Requirement (to the requirements extent that such Claims do not arise from the failure of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from Landlord’s Work to comply with any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLegal Requirements).

Appears in 2 contracts

Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Use. Tenant covenants that the Premises will not be used so as to interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to interfere with the quiet enjoyment of the other tenants of their respective demised portions of-the Building. Landlord shall be the sole judge on the question of noise, noxious frames and odors, Tenant shall provide and maintain, at its expense, the handheld fire extinguishers that are required to be maintained in Premises by the governmental agency having jurisdiction over this matter. Neither this lease nor any use by Tenant shall give Tenant any right or easement to the use of any door or passage or concourse connecting with any other building or to any public conveniences, and the use of such doors and passages and concourse and of such conveniences may be regulated and/or discontinued at any time and from time to time by Landlord without notice to Tenant. Tenant shall, at its own expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any governmental statute, regulation, ordinance or agency and all governmental requirements relating to the use or uses of the Premises only by the Tenant shall be complied with by Tenant at its own expense. Landlord shall obtain a Certificate of Occupancy for the purposes stated in Item 3 Premises following completion of the Basic Lease ProvisionsLandlord’s Work. The parties agree that Tenant shall not be permitted to store 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. The uses prohibited under this Lease shall includeitems, including, without limitation, inventory, furniture and equipment, outside of the Premises or the Building. The use of the Premises for the purposes specified in this Article shall not in any event be deemed to include, and Tenant shall not use, or a portion permit the use of, the Premises or any part thereof for for: (ia) offices sale of, or traffic in, any spirituous liquors, wines, ale or beer kept in the Premises; (b) sale at retail of any agency other products or bureau materials kept in the Premises, by vending machines or otherwise, or demonstrations to the public; (c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing or printing equipment, electronic data processing equipment and other business machines for Tenant’s own requirements at the Premises, provided only that such use shall not exceed that portion of the United States mechanical or any state or political subdivision thereofelectrical capabilities of the Building equipment allocable to the Premises; (iid) offices the rendition of medical, any or agencies other diagnostic or therapeutic services; (e) the conduct of a public auction of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useskind; or (vif) communications firms such as radio and/or television stations. Tenant shall not do a restaurant, bar, or permit anything to be done in the sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or about similar items, or the Premises which will preparation, dispensing or consumption of food and beverages in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasewhatsoever.

Appears in 2 contracts

Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Sub Lease (Loxo Oncology, 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s reasonable 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all existing covenants, handleconditions, store easements or dispose restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall alsoalso comply at its expense with any future amendments or modifications to such existing covenants, from time to time upon request by Landlordconditions, execute such affidavits concerning easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s best knowledge and belief regarding the presence use or enjoyment of hazardous or toxic materials in the Premises. Tenant shall promptly upon demand reimburse Landlord shall have the right at for any time to perform an assessment of the environmental condition of the Premises and additional insurance premium charged by reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events future and present laws, ordinances, restrictions, regulations, orders, rules and 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 Project, results in a “capital” improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” improvement), Tenant shall indemnify only be responsible for the amortized cost of such “capital” improvement (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” improvements is required due to Tenant’s particular use of the Premises (in which case Tenants shall be fully responsible for the entire cost and installation of each Indemnified Partiescapital(as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvestment).

Appears in 2 contracts

Samples: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)

Use. Tenant shall use the Premises only facility for the purposes stated operation of a licensed RCFE, and for no other purpose whatsoever without Landlord's prior written consent, which consent may be Initials: /s/ EM /s/ WB 7 withheld in Item 3 Landlord's sole and absolute discretion. Tenant shall not do, bring or keep anything in, on or about the Premises that will cause a cancellation of any insurance maintained by either Landlord or Tenant with respect to the Basic Lease ProvisionsPremises or any personal property located or used thereon, and Tenant shall comply with all requirements imposed by the insurance companies issuing such insurance. The parties agree Tenant shall not use the Premises in any manner 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. The uses prohibited under this Lease shall include, without limitation, use will constitute waste of the Premises or a portion thereof for (i) offices nuisance or unreasonable annoyance to owners or occupants of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsadjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises or permit anything to any part thereof. No machinery, apparatus or other appliance shall be done in used or operated in, on or about the Premises which that will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow manner injure the Premises to or any part thereof. Tenant shall pay all payrolls promptly when due respecting all personnel at the Premises and shall file all governmental reports required pursuant thereto (including, without limitation, payroll tax returns), and shall pay such taxes promptly and before delinquency. Tenant shall comply with, and the leasehold created by this Lease shall at all times be used for any unlawful purposesubject to, nor shall Tenant permit any nuisance or commit any waste in all covenants, conditions, restrictions, easements and rights of way affecting the Premises or the Projectreal property on which the Premises are located. At Landlord=s request, Tenant shall furnish any bond which may be required by law in connection with the holding of any funds from residents, including resident's trust funds, and an accounting therefor. Tenant shall be fully responsible for such funds, and agrees to indemnify, defend and hold Landlord harmless from and against any losses, liabilities, costs or expenses arising in connection therewith. Tenant shall not do conduct or permit to be done anything which will invalidate conducted in, from or increase upon the cost of Premises any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementssale by auction, whether such auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or not Tenant’s compliance will necessitate expenditures pursuant to any bankruptcy or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinsolvency proceeding.

Appears in 2 contracts

Samples: And Restated Lease Agreement (Emeritus Corp\wa\), And Restated Lease Agreement (Emeritus Corp\wa\)

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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with 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 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 not knowingly do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable and reasonable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function to the extent such rules and requirements are provided to Tenant. Subject to the express provisions of this Lease to the contrary, Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain particularly to Tenant or its particular use of the Premises and/or pertain only to the interior of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, and any future covenants, conditions, easements or restrictions, and any amendments or modifications thereto which do not generatematerially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder, handleincluding, store without limitation, the payment by Tenant of any periodic or dispose of hazardous special dues or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 2 contracts

Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)

Use. The Premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated of general office, lab, warehouse and other related ancillary uses and such use by Tenant shall at all times be in Item 3 full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord set forth on Exhibit C. Tenant agrees not to commit or permit any act to be performed on the Premises or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Premises and irreparable harm to Landlord its occupancy and shall entitle Landlord promptly comply with all governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to injunctive relief in addition the Premises, all at Tenant’s sole cost and expense. Without limiting the scope of the foregoing provisions of this Article 11, Tenant’s use of the Premises shall comply with all applicable requirements of the 1998 Minnesota Uniform Fire Code, as amended and as may hereafter be amended from time to time and of any other available remedy. The uses prohibited under this Lease shall includereplacement and/or successor law, ordinance, code or rule or regulation, including, without limitation, use the 2000 Xxxxxxxxx Xxxxx Fire Code, expressly including requirements relating to the types of materials that may be stored in the Premises, the storage containers that may be used, the heights such storage containers may be stacked and the separation that must exist between materials and stacks. Tenant shall not disturb other occupants of the Premises Building by making any undue or a portion thereof for (i) offices of any agency unseemly noise 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant otherwise and shall not do or permit anything to be done in or about the Premises or Building anything which will be dangerous to life or limb. The employees of Tenant shall not be permitted, during their breaks or otherwise, to congregate or loiter in any way interfere with of the rights or quiet enjoyment common areas of the Building, including the Common Areas, in such a manner that would be disruptive of the use of such Common Areas by the other tenants and occupants of the Building or that would obstruct access to, from or within the ProjectBuilding. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or use equipment in or allow about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall provide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be used for any unlawful purpose, nor shall installed by Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that . In no event shall Tenant (i) permit the foregoing shall not be deemed to proscribe the use by Tenant storage of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous materials, equipment or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other personal property outside of the environmental condition Building or (ii) permit any motor vehicle to be parked outside of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding overnight.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

Use. The Premises shall be used only for general office purposes, engineering to include (a) visual inspection – requires microscope and special light as well as computer and digital camera; (b) mechanical inspection – requires force-displacement station and video camera; (c) micro processing including polishing, sharpening; (d) assembly of devices and tools; (e) electrical testing – requires oscilloscopes and amplifiers; (f) light manufacturing; (g) research and development; and for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In the event, Tenant’s uses should require any permits, variances, or other requirements as in order to occupy and use the Premises, Tenant shall use the Premises only be responsible for the purposes stated in Item 3 of the Basic Lease Provisionssecuring them at its sole cost and expense. 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. The uses prohibited under this Lease shall includeOutside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own cost and expense, obtain any and all other licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or a portion thereof for (i) offices of any agency upon, or bureau of connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsPremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsall at Tenant’s sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or quiet enjoyment of other occupants of the Building otherwise handle any product, material or the Project, merchandise which is explosive or use or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including without limitation, nor shall Tenant permit any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises for the generation, storage, transportation or Project without the prior written consent disposal of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding dangerous, toxic or hazardous materials, chemicals, wastes or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasesimilar substances.

Appears in 2 contracts

Samples: Lease Agreement (Clearside Biomedical, Inc.), Lease Agreement (Clearside Biomedical, Inc.)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated purpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and no other purpose. Tenant shall not do, keep or permit to be done or kept in Item 3 or about the Premises: (i) anything which is prohibited by or will in any way increase the existing rate of (or cause the Basic Lease Provisions. The parties agree that cancellation of) 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. The uses prohibited under this Lease shall include, without limitation, use of insurance covering the Premises or a portion thereof for (i) offices any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any agency or bureau article which may be prohibited by the standard form of the United States or any state or political subdivision thereoffire insurance policies; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectneighboring buildings, or use injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance to exist in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord’s prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling, or permit roof in places which might endanger or damage the same; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant nor on or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsthe Building nor such land; nor overload any electrical, whether mechanical, HVAC, plumbing, sprinkler, or not Tenant’s compliance will necessitate expenditures other systems. No waste materials or interfere with its use and enjoyment refuse shall be permitted to remain upon any part of the Premises nor outside of the Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the Building in places designated by Landlord. No materials, supplies, equipment, finished or semi-finished products, or articles of any nature shall be stored on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generate, handle, store place anything or dispose of hazardous allow anything to be placed on or toxic materials (as such materials near any window or door which may be identified seen from outside the Premises, except as may be approved in any federalwriting by Landlord. No loudspeaker or other device, state system or local law or regulation) in apparatus which can be heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time not commit or suffer to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at be committed any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the rightwaste in, upon reasonable prior notice or about the [UNREADABLE] owners shall in any way affect this Lease, entitle Tenant to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed any reduction of rent hereunder or result in a manner that minimizes disruption any liability of Landlord to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction of record affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, manufacturing, biology and tissue culture laboratory, wet laboratory, animal laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that any contrary use such approved uses shall be deemed in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose. Notwithstanding anything to cause material and irreparable harm to Landlord and the contrary herein, in no event shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents unless Tenant pays one hundred percent (100%) of said additional increase in said rate, or will cause a portion thereof for (i) offices cancellation of any agency or bureau of insurance covering the United States Premises or any state part thereof, or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits contents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises. Notwithstanding anything to the contrary herein, the sale by Tenant of a piece or pieces of equipment located within the Premises or the Projectto a third party shall not be deemed an auction. Tenant shall not do place any loads upon the floors, walls, or permit to be done anything ceiling which will invalidate endanger the structure, or increase place any harmful fluids or other materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and or overload electrical or other mechanical systems. No waste materials or refuse shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain be dumped upon or permitted to Tenant or its use remain upon any part of the PremisesPremises or outside of the Building, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash containers placed inside exterior Initial: DWD/JA enclosures designated by Landlord for that purpose or inside of the Building proper where reasonably designated by Landlord. No materials, whether supplies, equipment, finished products or not semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises except as functionally necessary as a result of the design of Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesInterior Improvements as reasonably approved by Landlord. Tenant shall not generateplace anything or allow anything to be placed near the glass of any window, handledoor partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, store system or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, from time defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to time upon request by Landlordcomply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous condition, or toxic materials in restriction (“CC&R’s”) affecting the Premises. Landlord shall have the right at any time to perform an assessment has provided a copy of the environmental condition of the Premises and of Tenantsaid CC&R’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.

Appears in 2 contracts

Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 --- general office and commercial bank branch use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive, or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, (ii) a flammable explosive, (iii) radioactive material, (iv) a polychlorinated biphenyl, (v) asbestos or asbestos containing material, or (vi) a carcinogen. Notwithstanding the foregoing, Tenant shall alsohave no obligation to pay any cost or expense related to clean-up of Hazardous Waste, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding unless the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials Hazardous Waste was caused by the act or omission of Tenant or Tenant, its 's agents, employeesrepresentatives, contractorscustomers, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvitees.

Appears in 1 contract

Samples: Office Lease (Business Bancorp /Ca/)

Use. Tenant shall use and occupy the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Permitted Use only, and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includenot injure or deface the Premises, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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, Site nor shall Tenant permit any nuisance or commit any waste in the Premises or on the Project. Tenant shall not do Site any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor permit to be done in the Premises anything which will would in any way result in the leakage of fluid or the growth mold, nor use or devote the Premises or any part thereof for any purpose other than the Pem1itted Uses, nor permit any use thereof which is inconsistent with the maintenance of the Building as an office building of 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 cost of premiums for any insurance policy(ies) covering on the Building or its contents or liable to render necessary any alteration or addition to the Building, the Project and/or their contents, and shall comply with . If Tenant abandons or vacates all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition portion of the Premises and for a period of Tenant’s compliance with this Section. As part of any such assessmentin excess ofone hundred eighty (180) days, Landlord shall have the right, upon reasonable on not less than ten (IO) days' prior written notice thereof to Tenant, to enter and inspect into the Premises and inorder to perform tests, provided those tests are performed tum the lights on in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost the vacated portion(s) of the assessment/testing Premises at the same level as if the Premises were fully occupied, and Tenant shall pay for all electricity charges related thereto. Vacancy or abandonment shall not he deemed to be reimbursed an Everit of Default by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionhereunder. In all events Further, (i) Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantnot, nor shall Tenant permit its employees, invitees, agents, employeesindependent contractors, contractors, assignees or subtenants to, keep, maintain, store or licenseesdispose of (into the sewage or waste disposal system or otherwise) or engage in any activity which might produce or generate any substance 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., 42U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. The foregoing covenants shall survive and Massachusetts General Laws, Chapter 21E and the expiration or earlier termination rules and regulations promulgated under any of this Lease.the foregoing, as such laws, rules and regulations may be amended from time to time (collectively "Hazardous Materials Laws") (other than de minimus amounts of office supplies and cleaning supplies used in the normal course of Tenant's Permitted Use of the Premises, and in any event used and stored and disposed of in accordance with all applicable laws),

Appears in 1 contract

Samples: Agreement of Sublease (Care.com Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral offices and/or receiving, storing, shipping materials and light manufacturing of products and merchandise made and/or distributed by Tenant. 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. The uses prohibited under this Lease shall includeOutside storage including, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsdrop shipments, temporary employment agencies or dock storage, trucks and other training facilities which are not ancillary to corporatevehicles, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsis prohibited without Landlord's prior written consent. Tenant shall not do or permit anything to be done in or about the Premises which will in obtain, at Tenant's sole cost and expense, any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or and all licenses and permits necessary for Tenant's contemplated use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord's insurance carrier. Tenant shall not generatepermit any objectionable or unpleasant odors, handlesmoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third-party tenants' use of their respective space. Tenant shall not receive, store or dispose otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules, codes, regulations and requirements of any federal, state, municipal or other governmental or quasi-governmental authority with respect to any hazardous or toxic materials wastes (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, term is defined from time to time upon request by Landlordany governmental or regulatory authority) which are stored, execute such affidavits concerning Tenant’s best knowledge produced, manufactured, treated, or disposed of by Tenant within the Premises; and belief regarding Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the presence discharge, disbursement, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or toxic gasses, waste materials in or other irritants, contaminants or pollutants into or about the Premises or Property, which originate from any products stored, produced, manufactured, treated, or disposed of by Tenant within the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises The aforesaid indemnification and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants defenses shall survive the expiration or earlier termination term of this Lease.

Appears in 1 contract

Samples: Aradigm Corp

Use. Tenant shall use the Premises only for or the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about amount the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Project, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, 22 state or local law or regulation) , in the Premises premises or Project without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may my be required by any governmental agency. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provision of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Samples: Vision Solutions Inc

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other 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 remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building Buildings 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 Premises or the Project. Except as otherwise expressly provided in this Lease, Tenant shall not do perform any work or permit to be done anything which will invalidate or increase the cost of conduct any insurance policy(ies) covering the Building, business whatsoever in the Project other than inside the Premises. The foregoing provisions, however, shall not prohibit individual employees of Tenant from “working” and/or “conducting business” in the Common Areas on their contentslap top computers, and shall comply with all applicable insurance underwriters rules“smart” phones or other personal WIFI devices. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent and with all energy usage reporting requirements of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Silicon Graphics International Corp)

Use. Tenant shall use and be permitted to use the Leased --- Premises only for any lawful purpose, including the purposes stated operation of an adult entertainment business. Tenant shall keep the Leased Premises open for business for such permitted use during normal business hours with adequate staff and inventories. In connection with its use of and activities in, upon or about the Leased Premises, Tenant, at its sole expense, will comply, and will cause Tenant's Agents (hereinafter defined) to comply, with any and all applicable laws, statutes, ordinances, permits, orders, decrees, guidelines, rules and regulations in Item 3 any way applicable to Tenant, Tenant's Property or the Leased Premises (collectively, "Legal Requirements" and individually, "Legal Requirement"). Tenant will not (a) use, occupy or permit the use or occupancy of the Basic Lease Provisions. The parties agree that Leased Premises for any contrary use shall be deemed purpose or in any manner which is not permitted hereunder or which is nor may be, directly or indirectly, violative of any Legal Requirement, or dangerous to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to life or property, or a public or private nuisance, or disruptive or obstructive of any other available remedy. The uses prohibited under this Lease shall include, without limitation, use neighbor of the Leased Premises or a portion thereof for (i) offices disruptive of the quiet enjoyment of any agency or bureau neighbor of the United States Leased Premises, (b) keep, or permit to be kept, any substance in or conduct, or permit to be conducted, any operation from the Leased Premises which might emit offensive or hazardous odors or conditions onto, about or into the Leased Premises or the property located outside the Leased Premises, or possess, or allow possession of, illicit drugs, drug paraphernalia or contraband on the Leased Premises, or commit, permit, or suffer to exist any act or omission affording the federal government, or any state or political subdivision local governmental agency, the right of forfeiture as against the Leased Premises, or any part thereof; , (iic) offices cause, commit or agencies permit to remain any waste or damage to the Leased Premises, or any conditions which adversely impair in the Landlord's reasonable judgment the value or marketability of the Leased Premises, (d) install or permit to remain any foreign governmental or political subdivision thereof; improvements to the Leased Premises (iiiother than improvements which have first been approved by Landlord) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporatevisible from the outside of the Leased Premises, executive or professional office use; (v) retail exceed the structural loads of floors or restaurant uses; walls of the Building, or (vi) communications firms such as radio and/or television stations. Tenant shall not do adversely affect the mechanical, plumbing or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants electrical systems of the Building or affect the Projectstructural integrity thereof in any way, or use or allow the Premises to be used for any unlawful purpose(e) commit, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate committed, any action or increase circumstance in, upon or about the cost of Leased Premises which, directly or indirectly, would justify any insurance policy(ies) carrier in canceling or increasing the premium on any insurance policy covering the Building, the Project and/or their Leased Premises or its contents, and shall comply with all applicable insurance underwriters rules. if any increase so results, Tenant shall comply at its expense with all present and future lawspay such increase upon the Landlord's demand, ordinances and requirements of all governmental authorities that pertain or (f) store, land, replace, or permit to Tenant be stored, landed or its use of placed upon the Leased Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsany helicopter, whether airplane or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment other type of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseaircraft.

Appears in 1 contract

Samples: Lease Agreement (Ricks Cabaret International Inc)

Use. Tenant shall use the The Premises may be used and occupied only for the purposes stated set forth in Item 3 of the Basic Lease ProvisionsArticle A, Section 4. 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. The uses prohibited under this Lease shall include, without limitation, use of Tenant will continuously operate the Premises or for the Permitted Use. If the Health Care Licenses permit operations of a portion thereof Facility for (i) offices of any agency or bureau of a use other than the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsPermitted Use, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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, permitted (nor shall Tenant permit any nuisance or commit any waste in the Premises or Operating Subtenants) to modify the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its Facilities to such other use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing , which consent shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that unreasonably withheld, conditioned or delayed, and it shall promptly complete be reasonable for Landlord to condition its consent on Tenant executing and deliver delivering an amendment to Landlord any disclosure form regarding hazardous or toxic materials that may be required this Lease addressing the regulatory and other issues associated with such different use, as reasonably determined by any governmental agencyLandlord. Tenant shall alsonot create or suffer or permit to exist any public or private nuisance, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in illegal condition or waste on or with respect to the Premises. Landlord shall have the right at For purposes of this Article 4, “waste” as used herein, includes, but is not limited to, loss or threat of loss of any time to perform an assessment of the environmental condition following which a Facility currently possesses or in which it participates as of the Premises Effective Date of this Lease, or any renewals, replacements or substitutions thereof, and which is necessary or advisable for, and/or otherwise material to, the operation of Tenant’s compliance with this Section. As part a Facility: (i) any certification for participation in the Medicaid Program, the Medicare Program and/or any other program of any such assessmentGovernmental Authority, Landlord shall have (ii) any Health Care License, (iii) any certificate of need rights, (iv) any governmental certification or license, or (v) any voluntary or involuntary suspension, termination, or revocation of any Health Care License of Tenant or an Operating Subtenant or (v) an Operating Subtenant’s or the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed Facility’s full participation in a manner that minimizes disruption to TenantThird Party Payor program. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants This Article 4 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Master Lease (Griffin-American Healthcare REIT IV, Inc.)

Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Basic Lease Provisions. The parties agree that any contrary Premises, and to the 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. The uses prohibited under this Lease shall includeoccupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Texxxx’x use of the Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is 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 use or a portion thereof permit the Premises to be used for (i) offices 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 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies sprinkler or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationscredits. Tenant shall not do 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 Texxxx’x 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 anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises which will in any way to use that would damage the Premises or obstruct or interfere with the rights of Landlord or quiet enjoyment of other tenants or occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance equipment or commit any waste 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 do place any machinery or permit to be done anything which will invalidate equipment that would overload the floor in or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in 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 that under the foregoing Work Letter, Tenant shall not, without the prior written consent of Landlord which consent shall not be deemed 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 proscribe the use by Tenant Premises based upon Tenant’s Share as usually furnished for the Permitted Use. The terms of customary office supplies this Lease shall be subject in normal quantities so long all respects to the provisions of that certain Amendment in its Entirety and Restatement of Covenants, Conditions and Restrictions of Luxx Xxxx/Xesa Industrial Park, dated April 21, 1981, recorded with the County Recorder of San Diego, State of California, as Instrument No. 81-178070 (re-recorded as Instrument No. 81-391102) (as supplemented and amended from time to time, the “Declaration”), the applicable Articles of Incorporation, Bylaws, and the Architectural Standards/Association Rules (as such use comports with terms are defined in the Declaration), and any applicable agreements between the Luxx Xxxx/Xesa Industrial Park Association and the City of San Diego, and any and all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, amendments from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding of any of the presence of hazardous or toxic materials in the Premisesforegoing. Landlord shall have be responsible, at Laxxxxxx’x cost and not as part of Operating Expenses, for the right at any time to perform an assessment of the environmental condition 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) or 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 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 otherwise expressly provided in this paragraph, 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 this Sectionthe ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. As part 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 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 and against any such assessmentand 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 use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, Landlord but shall have not 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 rightProject and/or the Premises, upon reasonable prior notice and Tenant agrees, at no material cost to Tenant, to enter and inspect the Premises reasonably cooperate with Landlord, and to perform testsprovide such information and/or documentation as Landlord may reasonably request, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetherewith.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated purpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and no other purpose; however, landlord will not unreasonably withhold approval of other similar uses. Tenant shall not do, keep or permit to be done or kept in Item 3 or about the Premises: (i) anything which is prohibited by or will in any way increase the existing rate of or cause the Basic Lease Provisions. The parties agree that cancellation of 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. The uses prohibited under this Lease shall include, without limitation, use of insurance covering the Premises or a portion thereof for (i) offices any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any agency or bureau article which may be prohibited by the standard form of the United States or any state or political subdivision thereoffire insurance policies; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectneighboring buildings, or use injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance to exist in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord’s prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling, roof in places which might endanger or permit damage the same; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant nor on or its use of about the Premises, including the Building nor such land; nor overload any electrical, mechanical, HVAC, plumbing, sprinkler, or other systems. No waste materials or refuse shall be permitted to remain upon any part of the Premises nor outside of the Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the Building proper in places designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment the prior written consent of the Landlord (other than air conditioning units) nor outside the Premises. Tenant shall not generate, handle, store place anything or dispose of hazardous allow anything to be placed on or toxic materials (as such materials near any window or door which may be identified seen from outside the Premises, except as may be approved in any federalwriting by Landlord. No loudspeaker or other device, state system or local law or regulation) in apparatus which can be heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in about the Premises. Tenant covenants and agrees that no diminution of light, air or view by any object or structure, nor use by others shall in anyway affect this Lease, entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction of record affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. 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. The uses prohibited under this Lease shall include, without limitation, Tenant's use of the Premises or a portion thereof for (i) offices of shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any agency or bureau of the United States CC&Rs or any state supplement thereto recorded in any official or political subdivision public records with respect to the Project or any portion thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools. Tenant shall comply with the rules and regulations attached hereto as Exhibit D, temporary employment agencies or other training facilities which are not ancillary together with such additional rules and regulations as Landlord may from time to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstime prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject 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 tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor shall Tenant permit any nuisance or commit any waste on an unreserved basis, the number of Parking Spaces indicated in the Premises Basic Lease Information. Tenant shall not use more than the number of spaces allocated to Tenant. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, or Landlord's failure to enforce, any of the Projectrules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant 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 or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether the Building or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.Project.‌

Appears in 1 contract

Samples: Sublease Agreement

Use. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises only for the purposes stated in Item 3 any or all of the Basic Lease ProvisionsPermitted Uses. The parties agree that any contrary Tenant may not 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises for any purpose other than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent shall not be unreasonably withheld, qualified or a portion thereof for delayed. Tenant shall conduct its operations and activities on the Premises in material compliance with all Applicable Laws; provided, (i) offices Tenant shall have the right to contest the enforcement or attempted enforcement of any agency or bureau of the United States or any state or political subdivision thereof; Applicable Law, in good faith and with due diligence, (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the use by Tenant same and the period of customary office supplies in normal quantities so long as such use comports time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s Work to comply with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyApplicable Laws. Tenant shall alsocause its Alterations (if any) to comply with Applicable Laws. Tenant shall indemnify, defend and hold harmless Landlord from time to time upon request and against any third party claims and associated lawsuits, governmental actions, obligations, liabilities, damages, costs and expenses (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Landlord, execute such affidavits concerning Tenant’s best knowledge failure to conduct its operations and belief regarding activities at the presence of hazardous or toxic materials Premises in the Premisescompliance with Applicable Laws. Landlord Tenant shall have the right to discontinue its operations in the Premises, in whole or in part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to perform an assessment of require Tenant to use or occupy the environmental condition Premises, and Tenant’s vacation of the Premises and of or failure to use or occupy the Premises shall not constitute a default hereunder. Notwithstanding Tenant’s compliance with this Section. As part of any such assessmentelection to discontinue its operations at the Premises, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of not cancel electric or water service to the “Indemnified Parties” Premises, Tenant shall keep the parking lights operational in accordance with its prior practices at the Premises, and Tenant shall cause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (as defined in Section 10.3) in excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), until the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLease or Xxxxxx’s right to possession of the Premises.

Appears in 1 contract

Samples: Lease Agreement (American Outdoor Brands, Inc.)

Use. The Premises shall be used and occupied by Tenant shall solely for general office purposes and for no other use or purpose whatsoever. Notwithstanding anything to the contrary in this Lease, in no event may the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or operated as a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsculinary school. Tenant shall not do or permit anything to be done in or about abandon the Premises which will in any way interfere with during 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesTerm. Tenant shall comply at its expense with all present and future laws, regulations, rules, orders, statutes and ordinances of any governmental or private entity in effect on or after the date of this Lease and requirements applicable to the Project or the use or occupancy of the Project, including, without limitation, Hazardous Materials Laws, Building Rules and Encumbrances (collectively, "Laws") relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all governmental authorities such Laws; provided, however, that pertain Tenant will only be required to Tenant or its make structural repairs, alterations and improvements if the same are required by Laws as a result of Tenant's manner of use of the Premises). Tenant will not use the Project or knowingly permit the Premises to be used in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Project; (b) make void or voidable any insurance now or after the date of this Lease in force with respect to the Project; (c) cause injury or damage to the Project or to the person or property of any other tenant on the Project; (d) cause substantial diminution in the value or usefulness of all or any part of the Project (reasonable wear and tear excepted); or (e) constitute a public or private nuisance or waste. Tenant will obtain and maintain, including without limitation at Tenant's sole cost and expense, all federal permits and state occupational health and safety and handicap access requirements, whether or not approvals required under the Laws for Tenant’s compliance will necessitate expenditures or interfere with its 's use and enjoyment of the Premises. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, for the operation of a culinary school, for any governmental use (including embassy or consulate use), for any personnel agency or customer service office, for studios for radio, television or other media or for a travel agency or reservation center. Tenant shall not generatenot, handlewithout the prior consent of Landlord, store (i) bring into the Building or dispose of hazardous the Premises anything that may cause substantial noise, odor or toxic materials (as such materials may be identified in any federalvibration, state or local law or regulation) overload the floors in the Premises or Project without the prior written consent Building or any of Landlordthe heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; provided that (ii) connect to the foregoing shall not be deemed utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to proscribe any electrical circuit in the use by Tenant Premises any equipment or other load with aggregate electrical power requirements in excess of customary office supplies in normal quantities so long as such use comports with all applicable lawseighty percent (80%) of the rated capacity of the circuit. Tenant agrees acknowledges that it shall promptly complete and deliver neither Landlord nor any agent, contractor or employee of Landlord has made any representation or warranty of any kind with respect to Landlord the Premises, the Building or the Project, specifically including, but not limited to, any disclosure form regarding hazardous representation or toxic materials that may be required by warranty of suitability or fitness of the Premises, Building or the Project for any governmental agencyparticular purpose. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in accepts the Premises. Landlord shall have , the right at any time to perform Building and the Project in an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseAS IS - WHERE IS" condition.

Appears in 1 contract

Samples: Lease (Yelp Inc)

Use. Tenant Lessee shall use the Premises only solely for the purposes stated in Item 3 of manufacturing, marketing and distribution. Lessee shall not use, or permit or suffer the use of, the Premises for any other business or purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (other than vehicles used for daily transportation) outside of the Basic Lease Provisionsleased premises without the prior written consent of Lessor. The parties agree that any contrary use If Lessee does so, Lessee shall be deemed considered to cause material have abandoned such property and irreparable harm Lessor may, at its option and without prejudice to Landlord any of Lessor's other rights or remedies hereunder or at law or equity, remove or retain the property, whereupon all rights of the Lessee with respect to it shall cease. If Lessor removes and/or stores the property in public storage for the Lessee's account, the Lessee shall be liable to the Lessor for, and shall entitle Landlord pay to injunctive relief Lessor forthwith on demand, the cost of removal and storage, with interest at ten percent (10%) per annum on all such expenses from the date of expenditure by the Lessor. Lessee shall not receive, store, or otherwise handle anything which is explosive or highly inflammable in addition to or from the Premises. No auction, fire or bankruptcy sales may be conducted in or from the Premises without the previous written consent of Lessor. Lessee shall not use, or permit or suffer in the Premises anything that will increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any other available remedy. The uses prohibited under this Lease shall include, without limitation, use ruling of the Premises State Insurance Rating Bureau, or a portion thereof its successors, which would allow the Lessor to obtain reduced rates for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useslong term insurance policies; or (vi) communications firms such as radio and/or television stations. Tenant shall not do maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done in or about upon the Premises which will in any way interfere with tending to create a safety hazard or nuisance or to disturb any other lessees of Lessor in the rights Complex; or quiet enjoyment of other occupants of the Building or the Project, or to use or allow permit the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for lodging or sleeping purposes, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures for any immoral or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseillegal purposes.

Appears in 1 contract

Samples: Lease Agreement (Direct Focus Inc)

Use. Tenant The Premises shall use the Premises be used and occupied only for the purposes stated uses set out in Item 3 of the Basic Lease ProvisionsInformation and for no other purpose without prior written approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. 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. The uses prohibited under this Lease shall include, without limitation, In connection with its use of the Premises or a portion thereof for (i) offices and after commencement of the Lease, Tenant shall, at Tenant's expense, comply with all applicable laws, ordinances, and regulations of any agency or bureau public authority, including, but not limited to, those requiring alterations of the United States Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsnoise to be emitted from the Premises, temporary employment agencies shall store no gasoline or other training facilities highly combustible materials on the Premises which are not ancillary to corporatewould violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such unless Tenant pays the increased cost thereof. Landlord hereby confirms that Tenant's use as radio and/or television stationsdescribed in this Lease conforms with all rules and regulations. Tenant shall not do store, use or permit anything deposit, or cause to be done in stored, used or about deposited, on the Premises which will or anywhere in the Building, any way interfere environmentally hazardous or potentially environmental hazardous materials or substance, except those ordinarily used in offices, and in accordance with all applicable laws, rules, regulations, etc., and shall not overload the rights floors or quiet enjoyment electrical circuits 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of approve, such approval not to be unreasonably withheld, delayed or conditioned, the environmental condition of the Premises and of Tenant’s compliance with this Section. As part installation of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical installations, an architect or engineer whose opinion will control regarding floor loads, and a certified industrial hygienist to Landlord if such assessment/testing determines that Tenant failed evaluate materials to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) be used or stored in the manner elsewhere provided in this Lease from any release of hazardous Building or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive on the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Industrial Lease (Convera Corp)

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "PERMITTED USE") and shall entitle Landlord comply, at Tenant's expense, with all Laws relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use alteration, improvement, access to, and occupancy of the Premises to the extent that such laws relate to or a portion thereof for are triggered by (ia) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its Tenant's particular use of the Premises, including without limitation all federal (b) the Tenant Improvements located on the Premises, or (c) any Alterations located on the Premises. Should any Law, standard or regulation now or hereafter be imposed on Tenant or Landlord by any governmental body concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health and safety and handicap access requirementsexpense, whether to comply promptly with such Laws, standards or not regulations to the extent that such laws relate to or are triggered by (a) Tenant’s compliance will necessitate expenditures 's particular use of the Premises, (b) the Tenant Improvements located on the Premises, or interfere with its use and enjoyment of (c) any Alterations located on the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder on or about the Project or (b) not create any nuisance or unreasonable interference with or disturbance of other tenants of the Project or Landlord in its management of the Project. "HAZARDOUS MATERIAL" means any hazardous, store or dispose of hazardous explosive, radioactive or toxic materials (as such materials may be identified in any federalsubstance, state material or local law waste which is or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required becomes regulated by any local governmental agency. Tenant shall alsoauthority, from time to time upon request by Landlordthe state in which the Project is located, execute such affidavits concerning Tenant’s best knowledge and belief regarding or the presence of United States, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform Law, (ii) petroleum or a petroleum derivative, (iii) a flammable explosive, (iv) a radioactive material, (v) a polychlorinated biphenyl, (vi) asbestos or an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentasbestos derivative, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in or (vii) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

Use. Tenant shall use the The Premises only are to be used solely for the purposes stated in Item 3 Paragraph 1.8 and Paragraph 6 of the Basic Lease Provisionsthis Lease. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other Lessees or occupants of the Building and Industrial Center or the Projectinjure, annoy, or use disturb them or allow the Premises to be used for any unlawful improper, immoral, unlawful, or objectionable purpose. Lessee shall not do, permit or suffer in, on or about the Premises the sale of any alcoholic liquor without the written consent of Lessor first obtained, or the commission of any waste. Lessor shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon, or in connection with, the Premises, all at Lessee's sole expense. Lessee shall not do or permit anything to be done on or about the Premises or bring or keep anything into the Premises which will in any way increase the rate of, invalidate or prevent the procuring of any insurance protecting against loss or damage to the Building or the Industrial Center or any of its contents by fire or other casualty or against liability for damage to property or injury to persons in or about the Building or the Industrial Center or any part thereof. Lessee shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building and the Industrial Center any (collectively "Hazardous Material") flammables, explosives, radioactive materials, hazardous waste or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulation issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant Lessee suffer or permit any nuisance or commit Hazardous Materials to be used in any waste manner not fully in compliance with all Environmental Laws, in the Premises or the ProjectBuilding and the Industrial Center appurtenant land or allow the environment to become contaminated with Hazardous Materials. Tenant Notwithstanding the foregoing, and subject to Lessor's prior consent, Lessee may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Lessee shall not do or permit to be done anything which will invalidate or increase the cost always handle, store, use, and dispose of any insurance policy(iessuch Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building or Industrial Center and appurtenant and or the environment. Lessee shall protect, defend, indemnify and hold each of the Lessor Entities (as defined in Paragraph 30) covering the Buildingharmless from and against any and all of loss, the Project and/or their contentsclaims, liability or costs (including court costs and shall attorney's fees) incurred by reason of any actual or asserted failure of Lessee to fully comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsEnvironmental Laws or the presence, ordinances and requirements of all governmental authorities that pertain to Tenant handling, use or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether disposition in or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in from the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with any Hazardous Materials (even though permissible under all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous Environmental Laws or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination Provisions of this Lease), or by reason of any actual or asserted failure of Lessee to keep, observe, or perform any provision of this section.

Appears in 1 contract

Samples: Emergent Group Inc/Ny

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable reasonable insurance underwriters rulesrules of which Tenant has received written notice. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for non-general office use, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such commercially reasonable affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall have no obligation to clean up, remediate, monitor, or axxxx, or to reimburse, release, indemnify or defend Landlord with respect to, any hazardous materials which Tenant did not cause to be introduced onto the Premises or any other portion of the Building. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed in a material way to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Acacia Research Corp

Use. (a) Tenant shall use the Premises only for the purposes stated use or uses set forth in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Section 1(j) above, and shall entitle Landlord not use or permit the Premises to injunctive relief in addition to be used for any other available remedypurpose whatsoever. The uses prohibited under this Lease Tenant shall use and occupy the Premises in compliance with all applicable federal, state and local laws, codes, rules, ordinances, statutes and other requirements (collectively, "Laws") (which Laws shall include, without limitation, the Americans with Disabilities Act of 1990, applicable fire-life safety codes of the City of Los Angeles and requirements imposed in connection with the development or occupancy of the Building, including, without limitation, participation in any transportation management programs and compliance with applicable air quality/trip reduction requirements), 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 applicable Laws. Tenant shall make any and all alterations or a portion thereof for (i) offices 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 Premises. Tenant shall comply with all rules, orders, regulations and requirements of any agency insurance authority having jurisdiction over the Project or bureau any present or future insurer relating to the Premises or the Project. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for any existing insurance policy or endorsement required by reason of Tenant's failure to comply with the provisions of this Section 7 or by reason of Tenant's use or occupancy of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way manner obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Tenant shall not use all or any part of the Premises for any medical or dental uses. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, handlewith the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and positions of all safes, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) files and heavy equipment which Tenant desires to place in the Premises or Project without so as to distribute properly the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseweight thereof.

Appears in 1 contract

Samples: Office Lease (Tix CORP)

Use. Tenant shall use the Premises only for general office purpose, including without limitation software development (but excluding a computer processing center facility) and purposes incident thereto, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of the Landlord, not to be unreasonably withheld or delayed). 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 temporary Certificate of Occupancy issued for the purposes stated in Item 3 Building of which the Basic Lease Provisions. The parties agree that Premises are a part, and shall, upon five (5) days written notice from Landlord, discontinue 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or which is declared by any governmental authority having jurisdiction to be a portion thereof for (i) offices violation of any agency recorded covenants and restrictions affecting the Site or bureau of any law or of said Certificate of Occupancy or temporary Certificate of Occupancy. Tenant may not offer shared tenant services, such as but not limited to word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the United States nature of Tenant's use or occupancy of the Premises, impose any state duty upon Tenant or political subdivision Landlord with respect to the Premises or with respect to the use or occupation thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or knowingly permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Building, or the Projectinjure or annoy them, or use or knowingly allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or knowingly permit any nuisance in, or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Landlord reserves the right to prescribe the weight and position of all safes, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) files and heavy equipment which Tenant desires to place in the Premises or Project without so as to distribute properly the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyweight thereof. Tenant shall alsobe responsible for the cost of all structural engineering required to determine the structural load of all safes, from time files and heavy equipment which Tenant desires to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials place in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Versata Inc)

Use. Tenant shall occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "PERMITTED USE") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall use reasonable efforts to cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "HAZARDOUS MATERIAL" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 1 contract

Samples: Office Lease (Intraware Inc)

Use. Tenant shall Lessee will use and occupy the Demised Premises solely for general office purposes only and for no other purpose whatsoever. Lessor acknowledges that Lessee intends to utilize the Demised Premises for general office use in connection with the operation of a general business and data communications company, including the installation of computers, modems and other data transmission equipment in the Demised Premises, and Lessor consents thereto, subject to the terms hereof, and subject further to the terms and conditions set forth on Exhibit "E". Lessee will not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises manner which will in any way annoy or interfere with the rights or quiet enjoyment of other occupants of tenants in the Building or and will comply with the Project, or Rules and Regulations listed under Exhibit C. Lessee will not use or allow occupy the Demised Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant or its use orders of the PremisesUnited States of America, including without limitation all federal and state occupational health and safety and handicap access requirementsthe State of Virginia, whether the Fire Marsxxxx xxx any other public authority having jurisdiction over the Demised Premises that may affect the Demised Premises or not Tenant’s compliance will necessitate expenditures or interfere with its Lessee's use and enjoyment of the Premisesand/or occupancy thereof. Tenant In no event shall not Lessee generate, handlemanufacture, store prepare, use, store, treat or dispose of hazardous any polychlorinated biphenyls ("PCB's"), petroleum products or asbestos, or any hazardous, radioactive, carcinogenic, or toxic chemicals, substances pollutants, contaminants, materials (or waste, including storage tanks and/or containers thereof, as such materials may terms are defined under applicable Federal, state and local laws, ordinances or regulations, in or on the Demised Premises or the Building on the Property upon which the Demised Premises is located or any portion thereof, nor shall Lessee use, or suffer the Demised Premises to be identified in used, for industrial or manufacturing purposes. In the event of any breach of this Section 3, Lessee agrees to defend, indemnify and hold Lessor harmless from and against any and all claims, damages, expense and liability incurred as a result, including, but not limited to, costs and attorneys' fees incurred by or on behalf of Lessor to (I) cure Lessee's breach of this Section 3, (ii) remediate the effects of Lessee's breach, or (iii) to bring Lessee into compliance with any and all federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the and municipal orders, ordinances, laws, and regulations. The foregoing indemnity shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: License Agreement (CRL Network Services Inc)

Use. The Premises shall be used and occupied by Tenant shall solely for general office purposes and for no other use or purpose whatsoever. Notwithstanding anything to the contrary in this Lease, in no event may the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or operated as a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsculinary school. Tenant shall not do or permit anything to be done in or about abandon the Premises which will in any way interfere with during 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesTerm. Tenant shall comply at its expense with all present and future laws, regulations, rules, orders, statutes and ordinances of any governmental or private entity in effect on or after the date of this Lease and requirements applicable to the Project or the use or occupancy of the Project, including, without limitation, Hazardous Materials Laws, Building Rules and Encumbrances (collectively, “Laws”) relating to Tenant’s use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all governmental authorities such Laws; provided, however, that pertain Tenant will only be required to Tenant or its make structural repairs, alterations and improvements if the same are required by Laws as a result of Tenant’s manner of use of the Premises). Tenant will not use the Project or knowingly permit the Premises to be used in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Project; (b) make void or voidable any insurance now or after the date of this Lease in force with respect to the Project; (c) cause injury or damage to the Project or to the person or property of any other tenant on the Project; (d) cause substantial diminution in the value or usefulness of all or any part of the Project (reasonable wear and tear excepted); or (e) constitute a public or private nuisance or waste. Tenant will obtain and maintain, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not at Tenant’s compliance will necessitate expenditures or interfere with its sole cost and expense, all permits and approvals required under the Laws for Tenant’s use and enjoyment of the Premises. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, for the operation of a culinary school, for any governmental use (including embassy or consulate use), for any personnel agency or customer service office, for studios for radio, television or other media or for a travel agency or reservation center. Tenant shall not generatenot, handlewithout the prior consent of Landlord, store (i) bring into the Building or dispose of hazardous the Premises anything that may cause substantial noise, odor or toxic materials (as such materials may be identified in any federalvibration, state or local law or regulation) overload the floors in the Premises or Project without the prior written consent Building or any of Landlordthe heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; provided that (ii) connect to the foregoing shall not be deemed utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to proscribe any electrical circuit in the use by Tenant Premises any equipment or other load with aggregate electrical power requirements in excess of customary office supplies in normal quantities so long as such use comports with all applicable lawseighty percent (80%) of the rated capacity of the circuit. Tenant agrees acknowledges that it shall promptly complete and deliver neither Landlord nor any agent, contractor or employee of Landlord has made any representation or warranty of any kind with respect to Landlord the Premises, the Building or the Project, specifically including, but not limited to, any disclosure form regarding hazardous representation or toxic materials that may be required by warranty of suitability or fitness of the Premises, Building or the Project for any governmental agencyparticular purpose. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in accepts the Premises. Landlord shall have , the right at any time to perform Building and the Project in an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the Indemnified PartiesAS IS - WHERE IS(as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecondition.

Appears in 1 contract

Samples: Lease (Yelp! Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and recordsrecords relating to hazardous or toxic materials at the Premises. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section; otherwise, the same shall be at Landlord's expense and not a Building Cost. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Quest Software 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 (subject to the provisions of Section 2.5) 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building Buildings 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 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 not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuildings, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Buildings and/or Project, and any reasonable amendments or modifications thereto, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Samples: License Agreement (New Century Financial Corp)

Use. The Premises shall be used and occupied for general business office purposes and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant's use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the purposes stated "Building Rules" (as defined in Item 3 Section 27 - RULES AND REGULATIONS) except that repairs or alterations required to comply with Laws either (x) caused by Tenant's particular use or activities or by any Alterations made by Tenant (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be made by Landlord at Tenant's cost and expense, to be paid by Tenant to Landlord upon demand following completion of any such repairs or alterations, or (y) generally applicable to the condition of the Basic Lease Provisions. The parties agree that Premises for use as office space, and not required or caused by Tenant's particular use or activities or by any contrary use Alterations made by Tenant (or which Landlord makes on behalf of Tenant because of such particular use, activity or Alteration), shall be deemed made by Landlord (and the cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). 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 Project or any part thereof. Tenant shall not permit the Premises to cause material 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 Project. Without limiting the foregoing, the Premises shall not be used for educational activities (except for education of Tenant's employees and irreparable harm occasional training, seminars and similar events for Tenant's customers, subject to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under the provisions of this Lease shall includeLease, including, without limitation, Sections 9.2 and 37), practice of medicine or any of the healing arts, 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, (i) bring into the Project or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or a portion thereof for (i) offices of any agency Building or bureau any of the United States heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building and the Project ("BUILDING SYSTEMS"), or jeopardize the structural integrity of such Building or any state or political subdivision part thereof; (ii) offices connect to the utility systems of such Building any apparatus, machinery or agencies of any foreign governmental other equipment other than typical office equipment; or political subdivision thereof; (iii) offices of connect to any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 electrical circuit in the Premises any equipment or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost other load with aggregate electrical power requirements in excess of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use 80% of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment rated capacity of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecircuit.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

Use. The Premises shall be used for the Permitted Use and for no other purpose. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant agrees not to use or permit the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises for any purpose which is illegal or, except as consistent with the Permitted Use and in accordance with Exhibit F attached hereto, dangerous, which creates a nuisance or a portion thereof for (i) offices which would increase the cost of any agency or bureau of insurance coverage with respect to the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsBuilding. Tenant shall will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of unreasonably disturb, other occupants of the Building tenants 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 Landlord in the Premises or management of the Project. Tenant shall not do permit any ongoing objectionable or permit 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, excepting liquid nitrogen cylinders, gas cylinders, a generator and to the extent existing on the date hereof, a flammable chemical storage building in its existing location, but including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent, which consent shall not be done anything which unreasonably withheld. Tenant will invalidate or increase maintain the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsPremises in a clean and healthful condition, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, orders, rules and requirements regulations of all any governmental authorities that pertain entity with reference to Tenant the use, condition, configuration or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not, and shall not generateallow its employees, handleagents, store contractors or dispose of hazardous invitees, to bring into the Building or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises any dangerous or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of hazardous materials, except for customary office and cleaning supplies and those permitted under Exhibit F attached hereto, provided Tenant uses, stores and disposes of the same in normal quantities so long as such use comports compliance with all applicable lawslaw. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform testsat its expense, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each rules and regulations of the “Indemnified Parties” (Building attached hereto as defined Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and delivered to Tenant in Section 10.3) in the manner elsewhere provided in this Lease from any release writing and will cause all of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licenseesinvitees and visitors to do so. The foregoing covenants All such changes to rules and regulations will be reasonable and shall survive be sent by Landlord to Tenant in writing. In the expiration or earlier termination event of a conflict between the rules and regulations and the terms of this Lease, the terms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in a discriminatory manner. Landlord acknowledges and agrees that Tenant’s two existing HVAC units and the backup generator located in the back truck court as currently operated do not violate the provisions of this Section 3 with respect to the noise created by the same, and Tenant agrees to properly maintain the same so that the noise created by such HVAC units and generator does not increase in any material amount.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Scynexis Inc)

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Use. Tenant shall use the Premises only for GENERAL OFFICE USE shall not use or permit the purposes stated in Item 3 Premises to be used for any other purpose without the prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States nature of Tenant'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's shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant's failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 the rights or quiet enjoyment of other tenants or occupants of the Building Building, or the Projectinjure 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 commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, handleconditions and restrictions against the Premises on June 30, store or dispose 1983 as Instrument Number 83/115477 in the Official Records of hazardous or toxic materials Alameda County (the "CC&Rs"), and further amended via Certification of Amendment dated April 18, 1985 Instrument Number 85/07539 and Second Certification of Amendment dated October 11, 1989 Instrument Number 89/277713. Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&R's, as such materials the same may be identified in any federalamended from time to time. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, state utilities, fire or local law or regulation) in emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies Meyer Center- Pleasanton Owner's Association in normal quantities so long as such use comports with all applicable lawstheir sole dixxxxxion. Tenant agrees acknowledges that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoentities with jurisdiction over the Premises may, from time to time upon request by Landlordpromulgate laws, execute such affidavits concerning Tenant’s best knowledge rules, plans and belief regarding regulations affecting the presence use of hazardous or toxic materials in the Premises, including, but not limited to, traffic management plans and energy conservation plans. Landlord shall have the right at any time to perform an assessment of the environmental condition Tenant's 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 all laws relating to the storage, use and disposal of Tenant’s compliance with this Sectionhazardous, toxic or radioactive matter, including those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, Division 4, Chapter 30 ("Title 22") as they may be amended from time to time (collectively "Toxic Materials"). As part If Tenant does store, use or dispose of any such assessmentToxic Materials, Landlord Tenant shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with notify Landlord in connection with any assessment by, among other things, promptly responding writing at least ten (10) days prior to inquiries and providing relevant documentation and records. The reasonable cost of their first appearance on the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Office Lease (Childrens Internet Inc)

Use. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises only for the purposes stated in Item 3 any or all of the Basic Lease ProvisionsPermitted Uses. The parties agree that any contrary Tenant may not 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises for any purpose other than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent shall not be unreasonably withheld, qualified or a portion thereof for delayed. Tenant shall conduct its operations and activities on the Premises in material compliance with all Applicable Laws; provided, (i) offices Tenant shall have the right to contest the enforcement or attempted enforcement of any agency or bureau of the United States or any state or political subdivision thereof; Applicable Law, in good faith and with due diligence, (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the use by Tenant same and the period of customary office supplies in normal quantities so long as such use comports time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s Work to comply with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyApplicable Laws. Tenant shall alsocause its Alterations (if any) to comply with Applicable Laws. Tenant shall indemnify, defend and hold harmless Landlord from time to time upon request and against any third party claims and associated lawsuits, governmental actions, obligations, liabilities, damages, costs and expenses (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Landlord, execute such affidavits concerning Tenant’s best knowledge failure to conduct its operations and belief regarding activities at the presence of hazardous or toxic materials Premises in the Premisescompliance with Applicable Laws. Landlord Tenant shall have the right to discontinue its operations in the Premises, in whole or in part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to perform an assessment of require Tenant to use or occupy the environmental condition Premises, and Tenant’s vacation of the Premises and of or failure to use or occupy the Premises shall not constitute a default hereunder. Notwithstanding Tenant’s compliance with this Section. As part of any such assessmentelection to discontinue its operations at the Premises, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of not cancel electric or water service to the “Indemnified Parties” Premises, Tenant shall keep the parking lights operational in accordance with its prior practices at the Premises, and Tenant shall cause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (as defined in Section 10.3) in excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), until the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLease or Tenant’s right to possession of the Premises.

Appears in 1 contract

Samples: Lease Agreement (American Outdoor Brands Corp)

Use. Tenant shall continuously occupy and use the Premises only for general office use or uses incidental thereto, all of which shall be consistent with the purposes stated in Item 3 standards of a first class office project (the "Permitted Use") and shall comply, at Tenant's expense, with all Regulations relating to the use, condition, alteration, improvement, access to, and occupancy of the Basic Lease ProvisionsPremises (including the Palomar over flight restrictions document #1998-0362387, as recorded on June 15, 1998 and resolution nos. The parties agree that any contrary use shall be deemed to cause material 4234 and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include4244, document #1998-0362388, as recorded on June 15, 1998), including without limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States Project common areas by Tenant or any state Tenant Party or political subdivision thereof; (ii) offices concerning occupational, health or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolssafety standards for employers, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectemployees, or use or allow the Premises tenants, then Tenant agrees, at its sole cost and expense, to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the Project. control of Tenant shall not do or permit and applies to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not on a continuing basis, create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 1 contract

Samples: Office Lease (Electronic Arts 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuilding or its contents (unless, with respect to any such increase in such cost, Tenant shall promptly upon demand reimburse Landlord for the Project and/or their contentsincreased cost), and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Samples: Industrial Lease (Homegrocer Com Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which premises are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used as general offices and any other legal use consistent with the operation of a Class A office building, except as limited below and for any unlawful purpose, nor shall Tenant permit any nuisance no other business or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purpose without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that , which may be required withheld by Landlord in its sole and absolute discretion. By way of illustration and without expanding in ally way the permitted uses of the Premises, neither tenant nor any subtenant or assignee shall use all or any portion of the Premises for (i) any product display activity (such as that of a manufacturer's representative) other than that which is ancillary to office use or other uses specifically permitted hereunder, (ii) any government-related use, or office of a government authority (or subdivision or agency thereof) or quasi-governmental agency without limitation, the office of the consulate general or other diplomatic representative of a foreign state or sovereignty, (iii) any data processing business, not including data processing business, not including data processing activity ancillary to office use or other uses specifically permitted hereunder, (iv) any health care professional other than one present only to provide physical examinations or emergency care to employees of Tenant, (v) any school or other training or educational use other than that which is ancillary to office use or other uses specifically permitted hereunder, (vi) any clerical support service other than that which is ancillary to office use or other uses specifically permitted hereunder, (vii) any "executive suite" type use where office suites are maintained for individual rental with common services provided by tenant, a subtenant, or an assignee, (viii) any restaurant facility other than an executive or employee dining room facility which has received the prior written consent of Landlord in connection with the construction or alterations of the Premises, or (ix) any personnel agency. Tenant No use shall also, from time be made or permitted to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition be made of the Premises and no acts done in or about the Premises, which (I) will in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of Tenant’s compliance with this Section. As the Premises, the Parking Structure or any other part of the Project which is now or may hereafter be enacted or promulgated by any public authority, (ii) interferes with the transmission or reception of microwave, television, radio, or other communication signals by antenna or satellite dishes located in the Project, or (iii) will increase the existing rate of insurance upon the Project, or cause a cancellation of any insurance policy covering the Project or any part thereof. Tenant shall not sell, or permit to be kept, used or sold in or about the Premises any article which may be prohibited by the standard form of fire insurance policy. Tenant shall comply with any direction of any governmental authority having jurisdiction, which shall. by reason of the Tenant's use or occupancy of the Premises, the Parking Structure or any other part of the Project, impose any duty upon Tenant respecting such assessmentuse or occupancy. Tenant agrees it will use the Premises in such a manner so as to not interfere with or infringe upon the rights of other tenants or occupants of the Project. Tenant shall not commit, Landlord or suffer to be committed, any waste upon the Premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant of the project, nor shall have the right, upon reasonable prior notice to Tenant, without the prior written consent of Landlord, use any apparatus, machinery or device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantbe furnished or supplied under this Lease. Tenant will cooperate further agrees not to connect with Landlord in connection with electrical wires or water or other pipes any assessment byapparatus, among other thingsmachinery or device without the prior written consent of Landlord, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines except that Tenant failed may, subject to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of Paragraph 9 hereof, install the “Indemnified Parties” (usual office machines and equipment, such as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantelectrical typewriters, its agentspersonal computers, employeesfacsimile machines, contractorstelecopier machines, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasephotocopying machines and similar equipment.

Appears in 1 contract

Samples: Lease (Entertainment Internet Inc)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances ("Laws"), including without limitation the Americans With Disabilities Act of 1990 (the "ADA"), and solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Paragraph 1.J and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring to keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the Building therein, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside of Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of the Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any covenants, conditions, or restrictions ("CC&Rs") affecting the Premises, as the same may hereafter be amended from time to time, as well as any reasonable rules and regulations promulgated by Landlord from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge (the "Rules and belief regarding the presence of hazardous or toxic materials in the PremisesRegulations"). Landlord shall have reserves the right at any to reasonably amend such Rules and Regulations from time to perform an assessment time as Landlord may deem appropriate, which amendment shall be binding upon Tenant upon delivery of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption copy thereof to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding shall use its best efforts to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, cause its agents, employees, contractorscontractors and invitees to cooperate in observance of such Rules and Regulations, subtenants or licenseesas the same may be amended from time to time. The foregoing covenants shall survive the expiration or earlier termination provisions of this LeaseParagraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex. Landlord shall not be responsible to Tenant for the breach of the Rules and Regulations by any other tenant or occupant of the Complex. Landlord represents to Tenant that, at the Commencement Date, Tenant's intended use of the Premises conforms to all requirements of CC&R's, all underwriter's requirements, and all Regulations applicable thereto, including the ADA (and the related California laws governing accessibility requirements for the disabled).

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Use. Tenant TENANT shall use the Premises only PREMISES for the purposes stated in Item 3 Production of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Co-generation Equipment and irreparable harm to Landlord Stamped Metal Products Purposes and shall entitle Landlord not use or permit the PREMISES to injunctive relief in addition to be used for any other available remedypurpose without the prior written consent of LANDLORD. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant TENANT shall not do or permit anything to be done in or about the Premises PREMISES nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the PREMISES, the building complex, or any of its contents, or cause cancellation of any insurance policy covering said Complex or any part thereof, or any of its contents. TENANT shall not keep, maintain, place, or store any article of any nature, particularly refuse or garbage, in or about the exterior of the PREMISES. TENANT shall not do or permit anything to be done in or about the PREMISES which will, in any way, obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Project, injury or annoy them or use or allow the Premises PREMISES to be used for any unlawful improper, immoral, unlawful, or objectionable purpose, nor shall Tenant TENANT cause, maintain, or permit any nuisance in, or, or about the PREMISES. TENANT shall not commit or suffer to be committed any waste in or upon the Premises or the ProjectPREMISES. Tenant ________/_________ Version 31 Jan 2006 TENANT shall not use the PREMISES or permit anything to be done in or about the PREMISES which will, in any way, conflict with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. In the event that TENANT shall do or permit anything to be done anything which will invalidate or increase the cost in violation of any insurance policy(ies) covering the Buildingthese usage provisions, the Project and/or their contentsLANDLORD shall have, and shall comply with in addition to all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsother remedies, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenantbut not the duty, to enter and inspect take reasonable steps to enforce compliance therewith and, should LANDLORD incur any cost or damages as a result of such violation, TENANT shall immediately pay the Premises and same to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLANDLORD.

Appears in 1 contract

Samples: Chapeau Inc

Use. Tenant shall use the Premises and Common Areas 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the ProjectSite. Tenant shall not do perform any work or permit to be done anything which will invalidate or increase conduct any business whatsoever in the cost of any insurance policy(ies) covering Site other than inside the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesPremises. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in promptly upon demand reimburse Landlord for any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use additional insurance premium charged by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.

Appears in 1 contract

Samples: Lease (Micrus Corp)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of office, sales and R&D and related uses necessary for the Basic Lease Provisions. The parties agree that use of Tenant or any contrary use shall be deemed approved assignee or subtenant to cause material conduct its business providing any and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The all uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof shall be subject to and in conformance with all governmental laws and ordinances and for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or no other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents without the prior written consent of Landlord, and provided Tenant bears any cost related to such increased rate, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises 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 commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of . No sale by auction shall be permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord; provided . Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law that governs Tenant use of the foregoing Premises. Tenant shall comply with any covenant, condition or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence occupant of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

Use. Tenant The Licensed Premises shall use the Premises only be used by Licensee solely for the purpose of social gatherings, studying, meals, and official Sorority business and for no other purposes stated in Item 3 of the Basic Lease Provisionswhatsoever. The parties agree that any contrary Such 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply accordance with all applicable insurance underwriters rulesterms and conditions of this License and all Sorority House rules and regulations. Tenant Licensee shall promptly observe and comply at its expense with all present and future laws, ordinances ordinances, requirements, orders, directives, rules and requirements regulations of all governmental authorities that pertain state, federal, municipal and other agencies or bodies having jurisdiction relating to Tenant or its use the use, condition and occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Licensed Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time in force, applicable to perform an assessment of the environmental condition of the Licensed Premises or to Licensee’s use thereof, including, without limitation, Licensor’s current Rules and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” Regulations (as defined in Section 10.3) section 5 below). The Licensed Premises shall not be used or allowed to be used for any unlawful purposes, or for any purpose deemed hazardous by the Licensor, Sorority, and/or the House Corporation. Licensee may, upon invitation of a resident of the Licensed Premises, visit the invitee’s resident room. Licensee agrees to maintain the appliances, equipment and furniture located in the manner elsewhere provided Licensed Premises clean and free from damage, and shall use the appliances, equipment and furniture located in the Licensed Premises solely for their intended use. Licensor may charge Licensee for any repairs made by Licensor when Licensor determines, in the exercise of its sole discretion that such repairs have been caused by the acts or omissions of Licensee. Licensee agrees that Licensor, in its sole discretion, may discontinue any appliances, equipment, furniture, services, or facilities not specifically stated in this Lease from License, but which are being furnished by Licensor, it being understood that they do not constitute any release part of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of consideration for this LeaseLicense.

Appears in 1 contract

Samples: Ohio State University

Use. The Premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated of office/warehouse, light manufacturing, research and development, and cadaveric training and such use by Tenant shall at all times be in Item 3 full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord Set forth on Exhibit C. The Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated on account of the Basic Lease Provisionspurpose or manner of said use to make any addition or alteration to or in the Building. The parties agree Premises shall not be used in any manner that any contrary use shall will increase the rates required to be deemed to cause material paid for pubic liability or for fire and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of extended coverage insurance for the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsProperty. Tenant shall occupy the Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable, and will not do permit or permit anything to be done create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations, or Landlord in its management of the Building. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or equipment in or about the Premises which that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any way interfere with of Tenant’s apparatus, machinery, devices or equipment should disturb the rights or quiet enjoyment of any other occupants tenant in the Building, then Tenant shall provide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be installed by Tenant in the Premises without the prior written consent of Landlord. In no event shall Tenant (i) permit the storage of any materials, equipment or other personal property outside of the Building or (ii) permit any motor vehicle to be parked outside of the ProjectBuilding overnight except notwithstanding anything in paragraph 21 of the Rules and Regulations attached hereto as Exhibit C, the following overnight parking is permitted (a) employee parking related to 2nd or use or allow 3rd shift work schedules, (b) overnight parking of employee vehicles from time-to-time in connection with out-of-town travel, and (c) company vehicles backed up to the Premises loading dock door. Tenant shall have access to the Premises and parking 24 hours per day, 365 days per year. Tenant represents and warrants to Landlord that prior to the parties’ execution of this Lease, Tenant has furnished Landlord with a complete list of all equipment Tenant will use in the Premises for the purposes permitted under this Article 11, including, without limitation, radio surgical equipment, radiation emitting equipment and equipment used in providing diagnostic or therapeutic testing services, such as fluoroscopy, x-ray, plane film radiology, computerized tomography (CT), ultrasound, radiation therapy, mammography and breast diagnostics, nuclear medicine testing and magnetic resonance imaging (for purposes of this Article 11, collectively referred to as the “Equipment”). No Equipment, other than the Equipment included on Tenant’s list, may be used in the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld, and no Equipment may be used in the Premises that causes material levels of noise or vibration. If any of Tenant’s Equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall, at Tenant’s sole cost and expense and in compliance with all other applicable provisions of this Lease, provide adequate insulation or take such other action, including removing such Equipment, as may be necessary to eliminate the disturbance. Tenant covenants and agrees that it shall not store, process, produce or dispose of any infectious, hazardous or toxic wastes or substances (as those terms are defined under federal or state law, and specifically including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§9601 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§9601 et seq.; the Minnesota Environmental Response and Liability Act, Minn. Stat. Chapter 115.B; and the Minnesota Infectious Waste Control Act, Minn., Stat. §§116.75 et seq.) upon the Premises or any part thereof without first obtaining Landlord’s written consent. Landlord hereby consents to Tenant’s use of such materials in the operation of its business provided all such materials are handled and disposed of in accordance with applicable laws and regulations. In all events any such infectious, hazardous or toxic wastes or substances shall be handled and stored in strict compliance with all applicable laws, ordinances and regulations, and evidence of such compliance shall be given to Landlord if requested by Landlord. Tenant shall immediately, upon request, provide Landlord with copies of all permits, inspection reports, monitoring reports, licenses, orders, demands, compliance requests, edicts or other documents filed, served, delivered or transmitted either with, to or from the Minnesota Department of Health, Minnesota Pollution Control Agency or the Environmental Protection Agency (or any successor organization) or other governmental body (hereafter “Environmental Requirements”). Tenant further agrees to comply with all Environmental Requirements. In no event shall any infectious, hazardous or toxic waste or substance or any pollutant or contaminate be disposed of on the Premises through the sewer system serving the Premises or stored underground. If any infectious, hazardous or toxic waste or substance is to be utilized by Tenant on the Premises, except for Waste (as defined below) used for in the ordinary course of Tenant’s business which Tenant shall store and dispose of in accordance with all applicable Environmental Requirements, Tenant agrees to advise Landlord as to what area of the Building any unlawful purposeinfectious, nor shall Tenant permit hazardous or toxic substances or materials will be located and/or stored and what construction steps or procedures, if any, need to be taken in connection with any nuisance or commit any waste in construction of improvements being made to the Premises or the ProjectBuilding so as to protect the Premises, Building and improvements located thereon from contamination of any said infectious, hazardous or toxic substances, including the prevention of any release into the environment as a result of any handling or reasonably foreseeable mishandling of said infectious, hazardous or toxic substances. Tenant shall not do further agrees to take all appropriate action, at its sole expense, to prevent any release or permit to be done anything which will invalidate or increase threatened release into the cost of any insurance policy(ies) covering the Premises, Building, the Project and/or their contentsland underlying said Building or the environment as a result of infectious, and shall hazardous or toxic substances deposited, stored, placed on or which otherwise come to be located upon the Premises or which is the result of the existence or emission of any infectious, hazardous or toxic chemicals, substances, materials or pollutants in, on or from the Premises. In the event any such release does occur, as a result of the acts or omissions of Tenant, or its employees, agents or contractors, or in the event of Tenant’s failure to comply with the Environmental Requirements, Tenant hereby agrees to indemnify and hold Landlord harmless from all applicable insurance underwriters rulesdamages, liability, claims, costs (including reasonable attorneys’ fees), actions and proceedings resulting from or relating to (either directly or indirectly) from such release and/or failure to so comply. Tenant shall comply at its expense with all present and future laws, ordinances and requirements At the end of all governmental authorities that pertain to Tenant the Term or its use earlier termination of Tenant’s possession of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generateremove, handleat its sole expense, store or dispose of and in full compliance with all Environmental Requirements all infectious, hazardous or toxic chemicals, substances, materials (as such materials may be identified in any or pollutants. The requirements and indemnifications of this Article 11 shall survive the expiration or termination of this Lease Agreement. Tenant, at its expense, further agrees to comply with each present and future federal, state or local law or regulationordinance regulating the collection, sorting, separation, recycling of waste products, garbage, refuse, infectious waste and trash (collectively the “Waste”) in or about the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyPremises. Tenant shall also, from time to time upon request sort and separate the Waste into such containers and categories as required by law. Each separately sorted category of Waste shall be placed in separate receptacles as designated and approved by Landlord. Such separate receptacles shall be removed from the Premises in accordance with collection schedules prescribed by law or otherwise reasonably prescribed by Landlord. Landlord reserves the right to refuse to collect or accept from Tenant any Waste that are not separated and sorted as required by law and to require Tenant to arrange for such collection, execute such affidavits concerning at Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time expense, utilizing a contractor reasonably satisfactory to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLandlord.

Appears in 1 contract

Samples: Commercial Lease (Entellus Medical Inc)

Use. Tenant shall use the Premises only solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Section 1.1, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with 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 other purpose or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purposes whatsoever without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use by Tenant of customary office supplies withheld in normal quantities so long as such use comports with all applicable lawsLandlord's sole, absolute and arbitrary discretion. Tenant further covenants and agrees that it shall promptly complete will not use, suffer or permit any person or persons to use the Premises or any part thereof for any use or purpose contrary to the Rules and deliver to Landlord any disclosure form regarding hazardous or toxic materials that Regulations of the Center as set forth in Exhibit "G," as the same may be required amended by any governmental agency. Tenant shall also, Landlord from time to time upon request time, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local, municipal or county governing bodies or any other lawful governmental or quasi-governmental authorities having jurisdiction over the Center, or in violation of any regulations of any insurance carrier providing insurance for the Premises or the Center. Tenant further covenants and agrees that during the Term, the Premises and every part thereof shall be kept by LandlordTenant in a first-class, execute clean and wholesome condition, free of any objectionable noises, odors or nuisances, and that all fire, safety, health and police regulations shall, in all respects and at all times, be fully complied with by Tenant. Landlord represents that it has been advised by the City of Yorba Linda, California ("City"), that (a) the land on which the Premises are located is presently zoned PC Office and Industrial Park Zone, Subcategory C - Industrial Research and Development, and that such affidavits concerning Tenant’s best knowledge zoning was created by the Preannexation and belief regarding the presence of hazardous or toxic materials Development Agreement dated October 11, 1982, recorded in the Official Records of Orange County on October 13, 1982, as Instrument No. 82-360356; (b) a copy of the permitted uses contained in such Preannexation and Development Agreement is attached to this Lease as Exhibit "H"; and (c) to obtain the City's approval of Landlord's working drawings for the proposed improvements to the Premises, Landlord will be required to submit to the City an occupancy letter ("Occupancy Letter") signed by Tenant describing in detail Tenant's proposed use of the Premises, the form and content of which letter will be subject to the reasonable approval of Landlord before it is submitted to the City. If the City refuses to approve the Occupancy Letter within 15 days after it has been submitted, then either Landlord or Tenant shall have the right at any time to perform an assessment of terminate this Lease upon ten days notice to the environmental condition of other party, in which event all funds and documents shall be returned to the Premises party delivering the same and of Tenant’s compliance with this Section. As part of any such assessment, Landlord the parties shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of no further obligations under this Lease.

Appears in 1 contract

Samples: Celerity Group Inc

Use. Tenant The demised premises shall use the Premises be continuously used by Tenant, but only for the purpose of receiving, storing. shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle parking of automobiles, trucks or other vehicles in the areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to injunctive relief in addition to be common parking areas) and the outside storage of any other available remedy. The uses prohibited under this Lease shall includeproperty (including, without limitation, over-night parking of trucks and other vehicles) are prohibited without Landlord's prior written consent. Tenant shall comply with all governmental laws. ordinances and regulations applicable to the use of the Premises or a portion thereof premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for (i) offices the correction, prevention and abatement of any agency violations or bureau nuisances in of upon, or connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies premises, all at Tenant's sole expense. If, as a result of any foreign change in the governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply. or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalter the premises to comply, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms with such as radio and/or television stationslaws. ordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with such tenants' use of their respective premises or permit anything to be done in or about any use which would adversely affect the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants reputation of the Building building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Project, or use or allow the Premises premises to be used for any unlawful purposepurpose (including, nor shall Tenant permit without limitation, the storage of merchandise) in any nuisance or commit any waste in manner which would render the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate insurance thereon void or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrite thereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its immediately cease and desist from such use, paying all cost and expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as resulting from such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseimproper use.

Appears in 1 contract

Samples: Lease Agreement (Watson Pharmaceuticals Inc)

Use. Tenant shall use the Premises only for the purposes stated permitted use (as defined in Item 3 of paragraph 10 hereof). Tenant will not occupy or use the Basic Lease Provisions. The parties agree that Premises, or permit 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. The uses prohibited under this Lease shall include, without limitation, use portion of the Premises to be occupied or a portion thereof used for (i) offices any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsfire, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of the insurance on the Building or contents created by Tenant's acts or conduct of business then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increases on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invites in such a manner as not to create any nuisance, nor interfere with with, annoy or disturb other tenants or Landlord in management of the rights Building, or quiet enjoyment of carry on or permit any operation which might omit offensive odors or conditions into other occupants portions of the Building or use any apparatus which might make undue noise or set up vibrations in the Project, or use or allow Building. Tenant will maintain the Premises to be used for any unlawful purposein a clean, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which healthful and safe condition and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters ruleslaw, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of premises. Tenant shall comply at its expense with all present and future lawswill not, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that , paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials items in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantpreceding sentence. Tenant will cooperate with Landlord maintain such permitted items in connection with any assessment by, among other things, promptly responding to inquiries good condition and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In repair at all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetimes.

Appears in 1 contract

Samples: Office Lease Agreement (Efficient Networks Inc)

Use. Tenant shall agrees that it will use the Premises only solely for the purposes stated general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall force or which may hereinafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeforce, including, without limitation, use the Americans with Disabilities Act, 42 U.S.C. ss. 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for purposes of "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the Premises or a portion thereof for (i) offices of any agency or bureau ADA occurring within the common areas of the United States Building or any state the Property, except to the extent the violation results from Tenant's particular use or political subdivision thereof; (ii) offices or agencies operation of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits Premises. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with other tenants of the rights Building. If any of Tenant's office machines or equipment disturbs the quiet enjoyment of any 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 tenant in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at its expense with all present Tenant's sole cost and future laws, ordinances and requirements of all governmental authorities that pertain expense. Landlord will respond promptly to Tenant or its use Tenant's request for clarification of the Premises, including without limitation all federal Building's floor load and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; sound/vibration requirements based upon actual information provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. equipment Tenant shall also, from time wishes to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinstall.

Appears in 1 contract

Samples: Digitas Inc

Use. 3.1 Tenant shall use the Premises only for the purposes stated use specified in Item 3 Section 1.10 of the Basic Lease ProvisionsInformation and for no other purpose without the prior written consent of Landlord. The parties agree that If any contrary use governmental license or permit, other than a certificate of occupancy, shall be deemed to cause material required for the proper and irreparable harm to Landlord and shall entitle Landlord to injunctive relief lawful conduct of Tenant's business in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for (i) offices inspection. Tenant shall at all times comply with the terms and conditions of any agency each such license 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspermit. Tenant shall not do or permit anything to be done in in, on, or about the Premises Project or bring or keep anything therein which will will: (i) in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building or any neighboring properties to the Project, or injure or unreasonably annoy the owners or occupants of such properties; (ii) use or allow the Project to be used for any unlawful purpose; (iii) use or allow the Premises to be used for schools, government offices or other uses inconsistent with comparable Class A office, headquarters and research and development buildings; (iv) cause or maintain or permit any unlawful purposenuisance, nor shall Tenant permit commit or allow the commission of any nuisance or commit any waste in the Premises or the Project. Tenant shall not do waste, nor use or permit anything to be done anything which will invalidate in any way conflict with any law, statute, ordinance, or governmental rule or regulation applicable to Tenant now in force or which may hereafter be enacted or promulgated; and (v) in any way increase the cost rate of any insurance policy(ies) covering the Building, upon the Project and/or their contentsor any of its contents or cause a cancellation of said insurance or otherwise affect said insurance in any adverse manner. Tenant shall, at its sole cost and shall expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances statutes, ordinances, and governmental rules, regulations, or requirements of all governmental authorities that pertain ("Legal Requirements") applicable to Tenant or its Tenant's particular use of the PremisesPremises now in force or which may hereafter be in force, including without limitation all federal and state occupational health and safety and handicap access requirementswith the requirements of any board of fire underwriters or similar body now or hereafter constituted relating to or affecting Tenant's particular use, whether alteration, or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment occupancy of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports also promptly comply with all applicable laws. Tenant agrees private restrictions now or at any time hereafter encumbering the Project, including without limitation that it shall promptly complete certain Declaration, Covenant for Easement and deliver Maintenance Agreement and that certain Grant of Trail Easement and Maintenance Agreement to be recorded against the Project, provided however, that with respect to any other future private restriction which Landlord any disclosure form regarding hazardous or toxic materials that may be required voluntarily elects (and not mandated by any governmental agency. Tenant shall also, from time authority or otherwise required due to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence 's particular use of hazardous or toxic materials in the Premises. Landlord ) to record as an encumbrance against the Project, Tenant shall have the right at to review and reasonably approve any time provisions of such voluntary private restrictions to perform an assessment of the environmental condition of extent that the Premises and same limit any of Tenant’s compliance 's rights or increase any of Tenant's obligations under this Lease. Tenant shall not be required to make structural changes to the Buildings or the Park Common Areas to comply with this Section. As part Legal Requirements, unless related to or affected by: (i) alterations or improvements made by or for Tenant, including without limitation any structural or other changes resulting from Tenant's use of any such assessmentor acts at the Premises; or (ii) Tenant's use or acts, and in all other events, Landlord shall have be responsible for such structural changes, subject to reimbursement to the rightextent reimbursable under Article 5 below. Similarly, upon reasonable prior notice Tenant shall not be required to incur expenses in connection with compliance of the Buildings or Park Common Areas with Legal Requirements in effect at the time of construction of the Buildings or Park Common Areas to the extent that the Buildings or Park Common Areas are not so in compliance and were not in compliance with such Legal Requirements at the time of their construction, and Landlord shall, at Landlord's expense, be responsible for bringing the Buildings and Park Common Areas into compliance with all such Legal Requirements in effect at the time of construction of the Buildings or Park Common Areas if, as and when required by applicable governmental authorities. The judgment of any court of competent jurisdiction or the admission of Tenant in an action against Tenant, to enter whether Landlord be a party thereto or not, that Tenant has so violated any Legal Requirements, shall be conclusive of such violation as between Landlord and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with shall use its best efforts to prevent any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost violation of the assessment/testing shall be reimbursed applicable Legal Requirements by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.its

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, dry laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that any contrary use such approved uses shall be deemed in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose. Notwithstanding anything to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe contrary herein, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure 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 commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the Building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of the common area of the Complex. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord; provided that . Tenant shall not commit or suffer to be committed any waste in or upon the foregoing Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by benefit of any Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment occupant of the environmental condition of the Premises and of Tenant’s compliance with this SectionComplex. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01

Appears in 1 contract

Samples: Lease Agreement (Beceem Communications Inc)

Use. (a) The Premises shall be used and occupied by Tenant during the entire Term hereof subject to the other terms and conditions of this Lease for the warehousing and distribution of hardware and related products and paint products and related uses incident thereto (the "Permitted Use") and for no other purpose. Landlord acknowledges that Tenant, in the regular course of its business, receives, stores and distributes various hazardous materials and Tenant's storage of same on the Premises shall not be deemed a violation of this Lease, provided Tenant, at all times, complies with all Legal Requirements and Environmental Provisions (hereinafter defined). (b) Tenant further agrees that in the use and occupation of the Premises and m the prosecution or conduct of its business therein, Tenant will comply with all requirements of all laws, ordinances, orders and regulations of the federal, state, county and municipal authorities now in force , or which hereinafter may be in force, and with any direction or certificate of occupancy issued pursuant to any law by any public officer or officers. Tenant covenants and agrees that it will not use or permit to be used any pan of tile Premises for any dangerous, noxious or offensive trade or business, will not cause or maintain any nuisance in, at or on the Premises, and the land upon which it is situated, and will not use the Premises in any fashion so as to make void or voidable any insurance then in force with respect to the Premises, or render it impossible to obtain fire or other insurance thereon required to be furnished by Landlord or Tenant under this Lease. (c) Tenant shall use and occupy the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material a careful, safe and irreparable harm to Landlord proper manner and shall entitle Landlord to injunctive relief keep the Premises in addition to any other available remedy. The uses prohibited under a clean and safe condition in accordance with this Lease shall include, without limitation, use and Ioca1 ordinances and the lawful directions of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsproper public officers. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with 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 disreputable or immoral purpose, nor . (d) Tenant shall Tenant permit not obstruct the common areas and shall refrain from committing any nuisance act or commit any waste in thing upon the Premises or the Project. Tenant shall not do or permit to be done anything common areas which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(iesother tenant or occupant of the Building or Land. (e) covering the Building, the Project and/or their contents, and Tenant shall comply with any and all applicable insurance underwriters rules. Tenant shall comply at its expense with rules and regulations now or hereafter adopted by Landlord provided that such rules and regulations are of general applicability to all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use tenants of the Premises, including without limitation all federal Property and state occupational health and safety and handicap access requirements, whether or shall not Tenant’s compliance will necessitate expenditures or materially interfere with its use and enjoyment of the Premisespermitted uses hereunder. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease6.

Appears in 1 contract

Samples: Ace Hardware Corp

Use. Tenant The Premises shall use the Premises be used only for the purposes stated Permitted Uses set forth in Item 3 of the Basic Lease ProvisionsInformation and for no other uses. 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. The uses prohibited under this Lease shall include, without limitation, Tenant's use of the Premises or a portion thereof for (i) offices of shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any agency or bureau of the United States CC&Rs or any state supplement thereto recorded in any official or political subdivision public records with respect to the Project or any portion thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools. Tenant shall comply with the rules and regulations attached hereto as Exhibit D, temporary employment agencies or other training facilities which are not ancillary together with such additional rules and regulations as Landlord may from time to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstime prescribe. Tenant shall not do commit waste, overload the floors or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants structure of the Building Building, subject the Premises, the Building, the Common Area or the ProjectProject 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 tenants, take any action which would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Tenant shall have the right to use for its employees and invitees, nor shall Tenant permit any nuisance or commit any waste on an unreserved basis, the number of Parking Spaces indicated in the Premises Basic Lease Information. Tenant shall not use more than the number of spaces allocated to Tenant. Landlord shall not be responsible for non-compliance by any other tenant or occupant with, or Landlord's failure to enforce, any of the Projectrules or regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant 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 or permit any act which shall in any way encumber the title of Landlord in and to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether the Building or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.

Appears in 1 contract

Samples: Sublease Agreement (E Loan Inc)

Use. Tenant shall may use the Premises only for an optometric center and for such other lawful purpose or purposes as Landlord from time to time may approve in writing, such approval not to be withheld unreasonably. Tenant at all times shall comply fully with all federal, state and local laws, rules, regulations, orders and requirements relating to health, safety or the purposes stated environment, including without limitation those relating to ambient air, surface and ground water, surface and subsurface soils and other natural resources and those relating to the manufacture, processing, distribution, use, treatment, storage, handling, transportation, release, disposal or importing and exporting of hazardous substances, hazardous wastes, pollutants, contaminants, toxic substances, asbestos, oil, other petroleum or chemical, biological or radioactive substances, and shall not permit to exist on the Premises any hazardous substance, hazardous waste, pollutant, contaminant, toxic substance, asbestos, oil, other petroleum or chemical, biological or radioactive substance which is subject to regulation under any such law, rule, regulation, order or requirement or storage tank used for the storage thereof, whether above-ground or underground, except such as may be consented to in Item 3 writing by Landlord prior thereto. Tenant shall maintain the Premises in a clean, orderly and neat condition at all times, and shall not permit, allow or cause the adoption or use of any devices or practices on or about the Premises that would tend to detract from or impair the dignity of the Basic Lease ProvisionsPremises or otherwise create a nuisance. The parties agree Landlord acknowledges and agrees 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. The uses prohibited under this Lease shall include, without limitation, the Tenant's intended use of the Premises as provided in this section does not in and of itself detract from or a portion thereof for (i) offices of any agency or bureau impair the dignity of the United States Premises or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsotherwise create a nuisance. Further, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do permit, allow or permit anything cause any act or deed to be done in performed or any practice to be adopted or followed on or about the Premises which will in that shall cause or be likely to cause injury or damage to any way interfere with the rights person 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatehold harmless Landlord from and against any and all loss, handlecost, store claim, damage, liability, or dispose of hazardous or toxic materials (as such materials may be identified in expense, including reasonable attorney fees, incurred by Landlord arising from any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and in violation of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice terms hereof or failure to Tenant, to enter and inspect maintain the Premises as herein provided, and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. the obligations of Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants hereunder shall survive the expiration or earlier sooner termination of this Lease.

Appears in 1 contract

Samples: Opticare Health Systems Inc

Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.

Appears in 1 contract

Samples: Office Lease (Account4 Com Inc)

Use. Tenant The Premises shall use the Premises only be used and occupied solely for the purposes stated in Item 3 --- of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material (a) general business offices, (b) and irreparable harm to Landlord research and shall entitle Landlord to injunctive relief in addition to any development, and for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain Laws relating to Tenant Tenant's use or its use occupancy of the PremisesPremises (and make any repairs, including without limitation alterations or improvements as required to comply with all federal such Laws), and state occupational health shall observe the "Building Rules" (as defined in Section 27 - Rules and safety and handicap access requirementsRegulations); provided, whether however, that the foregoing shall not be interpreted to require Tenant to perform structural or not capital work except to the extent required as a result of Tenant’s compliance will necessitate expenditures or interfere with its 's specific use and enjoyment of the Premises. Tenant shall not generatedo, handlebring, store keep or dispose sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of hazardous or toxic materials (as such materials may 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 identified occupied or used in any federalmanner that will constitute waste or a nuisance, state or local law disturb the quiet enjoyment of or regulationotherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used to manufacture goods or products (other than computer software products), for educational activities (other than occasional training sessions for Tenant' s customers), practice of medicine or any of the healing arts, 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, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or Project without the prior written consent Building or any of Landlordthe heating, ventilating and air-conditioning("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("BUILDING SYSTEMS"), or jeopardize the structural integrity of the Building or any part thereof; provided that (ii) connect to the foregoing shall not be deemed utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to proscribe any electrical circuit in the use by Tenant Premises any equipment or other load with aggregate electrical power requirements in excess of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency80% of the rated capacity of the circuit. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge honor and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements terms of this Section. In all events Tenant shall indemnify each of recorded covenants, conditions and restrictions relating to the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProperty.

Appears in 1 contract

Samples: Lease Agreement (Clarent Corp/Ca)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or about on the Demised Premises in a manner which will in any way interfere violate any certificate of occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible or more expensive to obtain fire or other insurance required to be furnished by the rights Tenant hereunder or quiet enjoyment of other occupants of otherwise desired or maintained by Landlord, or which will cause or be likely to cause structural damage to the Building or the Projectany part thereof, or which will constitute a public or private nuisance, and shall not use or allow the occupy or permit Demised Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority, except for its permitted use as general offices. Without limiting the generality of the foregoing or otherwise altering or enlarging the occupancy provision of this Lease, Tenant shall not maintain a research and development laboratory or facility at the Demised Premises. The Tenant shall not store, keep or utilize any unlawful purposehazardous or toxic material or substance at the Premises, nor except in accordance with any and all Federal, State and local governmental laws, rules and regulations and then only in proper containers as approved by all such governmental agencies and bodies which now or hereafter may have or exercise jurisdiction over the use and/or storage of such materials or substances. In any event, Tenant, as part of its duties and obligations shall Tenant permit any nuisance or commit any waste in keep the Premises free of toxic contamination and contamination by hazardous materials or substances; and at the Projectend of the Term of this Lease shall remove any and all hazardous or toxic substances and materials which were introduced during the Term of the Lease and which were not introduced by Landlord or former owner and leave the Demised Premises in a toxic free condition and free of contamination by hazardous materials and substances. Tenant shall not do or permit anything, which may attract vermin, bugs and rodents to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Demised Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain 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 or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or knowingly permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or knowingly permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on capital investments contained in Section 4.2(g), shall be considered as part of "Building Costs" (except to the extent that such compliance results from Tenant's use of the Premises that is unique to Tenant and different than a typical tenant of "flex tech" space [including, without limitation, ADA compliance by Tenant in connection with its business and employment practices in the Premises], in which event Tenant shall not generateperform all required construction and/or rehabilitation at its sole cost and expense). Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, handleTenant shall comply at its expense with: (i) all present covenants, store conditions, easements or dispose restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by allocated to the Premises or Tenant in accordance with the provisions thereof, and (ii) with any governmental agencyamendments or modifications to such present covenants, conditions, easements or restrictions, or future covenants, conditions, easements or restrictions, which do not materially increase Tenant's obligations or materially decrease Tenant's rights hereunder. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance. In Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant's obligation for compliance with all events future and present laws, ordinances, restrictions, regulations, orders, rules and 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 Project, results in a "capital" improvement on Tenant's part (or Tenant's being obligated to reimburse Landlord for a "capital" improvement), Tenant shall indemnify only be responsible for the amortized cost of such "capital" improvement (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 improvement is required due to Tenant's particular use of the “Indemnified Parties” Premises (as defined in Section 10.3) in which case Tenants shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseeach "capital" investment).

Appears in 1 contract

Samples: Industrial Lease (Standard Pacific Corp /De/)

Use. The Premises shall be used for general office purposes (including uses related or incidental thereto, such as copy/mail room facilities, kitchen area and other legally permitted office-related uses compatible with comparable buildings in the San Francisco financial district) and for no other use or purpose without the prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. Tenant shall use not do or permit to be done in or about the Premises only for Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the purposes stated standard form of fire insurance policy, or would in Item 3 any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Without limiting the generality of the Basic Lease Provisions. The parties agree that foregoing or of Paragraph 15 below, Tenant shall not bring, or permit to be brought, upon the Premises, any contrary use shall be deemed to cause material hazardous or toxic materials or chemicals, except for ordinary and irreparable harm to Landlord customary office products and shall entitle Landlord to injunctive relief cleaning supplies which are used, stored, and removed in addition to any other available remedy. The uses prohibited under this Lease shall includecompliance with all applicable laws, without limitationstatutes, ordinances and governmental rules, regulations or requirements, in small quantities reasonably necessary for Tenant's office use of the Premises Premises. Tenant shall promptly notify Landlord of all hazardous or a portion thereof for (i) offices of any agency or bureau of toxic substances maintained in the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights or quiet enjoyment of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in the Premises in, on or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Zebu)

Use. The Premises shall be used and occupied only for retail and wholesale sales of hardware, building materials, building supplies, soft goods and books, and related storage and office uses ancillary thereto, provided that no hazardous waste or hazardous materials (as defined under federal, State of California, or County of Alameda or City of Berkeley law, ordinance, regulation or statute) (hereinafter "Hazardous Substances") will be used, placed or stored on the Property. Tenant shall use may allow on the Premises only small quantities of cleaning and/or office supply materials maintained in commercial containers and used in the ordinary course of retail business, and such other items as are customarily sold by Tenant or offered for sale in stores operated by Tenant or those stores similar to the purposes stated business conducted by Tenant in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Premises, provided all applicable laws and irreparable harm to Landlord regulations on use, storage, sale, disposal, and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which disclosure are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsfully complied with at all times by Tenant. Tenant shall not do or permit anything on request provide to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment Landlord a complete inventory of other occupants of the Building or the Projectall Hazardous Substances brought onto, maintained, 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of on the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether immediately notify Landlord of any release of Hazardous Substances on or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of near the Premises. Tenant shall not generateindemnify, handledefend with counsel selected by Landlord, store and hold Landlord harmless from any and all claims arising from the presence of Hazardous substances on, in, under or dispose about the Property the presence of hazardous which were or toxic materials (as such materials may be identified allegedly were a result of Tenant's conduct. without limiting the generality of the foregoing, this indemnification obligation shall specifically cover costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any federal, state or local law government agency or regulation) in the Premises political subdivision, or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, third party resulting from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence or the suspected presence of hazardous Hazardous Substances in, on, under or toxic materials in about the Premises. Landlord Tenant has been advised of the requirement that commercial tenants negotiate a First Source Agreement with the City of Berkeley for permanent employment needs. Notwithstanding any other provision hereof, Tenant's use shall have not violate the right use restrictions set forth in the lease for the space adjacent to the Premises. The Premises shall not at any time be used for or as a theater; auditorium, meeting hall or other place of assembly; any sports or entertainment facility; automobile sales or repairs; bowling alley, pool hall or skating rink; bar serving alcoholic beverages (except as an incident to perform an assessment a full kitchen restaurant operation); funeral parlor; massage parlor; any type of karate, gymnasium, health club or physical fitness facility; car wash; off track betting establishment; amusement or game room; a so called "flea market" or other operation for the sale of used goods (except that Tenant shall be permitted to sell incidentally used and demonstration merchandise sold with new merchandise warranties and within its permitted use); night club, discotheque or dance hall; hotel or other lodging facilities; offices (except incidental to a retail operation); school (including, without limitation, trade school or class sessions of any nature whatsoever except that Tenant shall be permitted to conduct workshops for customers regarding use of Tenant's merchandise incidental to Tenant's business); gun range; any business or use which emits offensive odors, fumes, dust or vapor, or constitutes a public or private nuisance, or emits loud noise or sounds which are objectionable, or creates a fire, explosive or other hazard under the regulations of the environmental condition City of the Premises and Berkeley Fire Protection District or applicable board of Tenant’s compliance with this Section. As fire insurance underwriters; heavy manufacturing facility; adult book store or similar store selling or exhibiting pornographic materials as a substantial part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasebusiness.

Appears in 1 contract

Samples: Lease (Real Goods Trading Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not allow occupancy of the Premises (exclusive of transient visitors) at a level in excess of four persons per one thousand usable square feet of the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Pacific Mercantile Bancorp

Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Article 1.7 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe the rights of other tenants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting the use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building Project 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 conduct of Tenant's business in the Premises or the Project. Tenant shall, at its sole cost and expense, make any and all alterations, improvements or structural changes, that are required by laws, statutes, ordinances and governmental regulations or requirements as a result of Tenant's particular use or change in use of the Premises, Tenant's negligence or willful misconduct (subject to Article 14.4 hereof), any alterations, additions or improvements made by Tenant and/or any applications made by Tenant for governmental permits, licenses or approvals. Any other alterations, improvements or structural changes to the Premises or the Project that are required by laws, statutes, ordinances and governmental regulations or requirements, and not due to Tenant's particular use or change in use of the Premises, Tenant's negligence or willful misconduct, Tenant's alterations, additions or improvements, or any applications made by Tenant for governmental permits, licenses or approvals shall be made by Landlord, and the cost thereof, subject to Article 3.3(b), shall be an Operating Cost. 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(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable rules, orders, regulations and requirements of any organization which sets out generally accepted standards, requirements or recommendations commonly referred to by major fire insurance underwriters rulesunderwriters. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as promptly upon demand reimburse Landlord for any additional premium charges for such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use policy by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseArticle 7.

Appears in 1 contract

Samples: Standard Office Lease (Netgear Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 Permitted Use. Tenant will not occupy or use the Premises, or permit any portion of the Basic Lease ProvisionsPremises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way increase the rate of insurance on the Building or contents; it being acknowledged that the use of the Premises as a general office and/or electronic testing laboratory will not cause such an increase. The parties agree that Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any contrary use nuisance, nor unreasonably interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to the use, condition or occupancy of the Premises by Tenant. Notwithstanding the foregoing, to the extent the Premises do not comply with all laws in effect as of the Delivery Date, Tenant shall not have to make any capital improvements or take any action to comply with then current laws. Landlord, at its expense, shall be deemed responsible for such improvements. If any capital improvements to cause material the structural portions of the Building are required by any applicable laws not in effect or applicable to the Building as of the Commencement Date and irreparable harm the same are not required or related to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, (i) Tenant’s specific manner of use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done change in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not (ii) Tenant’s compliance will necessitate expenditures construction or interfere with its use and enjoyment installation of the Premisesany improvements or alterations by Tenant, then Landlord shall be responsible for such work. Tenant shall not dump, flush, or in any way introduce any hazardous substances or any toxic substances into the septic, sewage, or other waste disposal system serving the Premises in violation of any applicable law, and shall not generate, handlestore, store or dispose of hazardous or toxic materials (substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written approval of Landlord and then only in accordance with applicable law, ordinances, regulations and orders. Landlord hereby approves of Tenant’s use, generation, storage or disposal of the following items in the ordinary course of Tenant’s business for the use permitted under this Lease in the manner for which they were designed and in such limited amounts as such materials may be identified normal, customary and necessary for the operation of Tenant’s business as it relates to the stripping and cleaning of electronic components, and then only in accordance with applicable law, ordinances, regulations and orders: (1) TCE (trichioroethylene) [Tenant may substitute acetone for TCE and quantities of TCE and acetone will be combined to determine quantities for purposes of the immediately following sentence] and (2) IPA (isopropyl alcohol). Tenant shall in no event have in excess of 2 gallons of any federal, state or local law or regulationof the materials listed in (1) and (2) in the Premises or Project without the prior written consent at any one time (i.e. as an example, Tenant may have 2 gallons of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant TCE and 2 gallons of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in IPA on the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease).

Appears in 1 contract

Samples: Office Building Lease Agreement (Advanced Semiconductor Engineering Inc)

Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 of the Basic Lease Provisionslaboratory and general office purposes. 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. The uses prohibited under this Lease shall includeOutside storage including, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsdrop shipments, temporary employment agencies or dock storage, trucks and other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsvehicles is prohibited without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectobtain, 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use and enjoyment of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord’s insurance carrier. Tenant shall not generatepermit any objectionable or unpleasant odors, handlesmoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third- party tenants’ use of their respective space provided that Landlord agrees that Tenant’s existing business in the building shall not violate this Paragraph 2. Tenant shall not receive, store or dispose otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules \, codes regulations and requirements of any federal state, municipal or other governmental or quasi-governmental authority with respect to any hazardous or toxic materials wastes (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, term is defined from time to time upon request by Landlordany governmental or regulatory authority) which are stored, execute such affidavits concerning Tenant’s best knowledge produced, manufactured, treated, or disposed of by Tenant within the Premises; and belief regarding Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the presence discharge, disbursement, release, or escape or smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or gasses, waste materials or other irritants, contaminants or pollutants into or about the Premises or Property, which originate from any products stored, produced, manufactured, treated, or disposed of hazardous or toxic materials in by Tenant within the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises The aforesaid indemnification and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants defenses shall survive the expiration or earlier termination term of this the Lease.

Appears in 1 contract

Samples: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Use. Tenant Subtenant shall use and occupy the Subleased Premises only solely for the purposes stated Permitted Uses and for no other use or purpose without the prior written consent of Sublandlord and Landlord, which consent shall not be unreasonably withheld or delayed. Subtenant shall not use or occupy the Subleased Premises for any unlawful purpose or in Item 3 of any manner that will constitute waste, nuisance or unreasonable annoyance to the Basic Lease ProvisionsSublandlord or Landlord. 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 Subtenant shall, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, connection with its use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schoolsSubleased Premises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances (including zoning ordinances and requirements of all governmental authorities that pertain to Tenant or its land use requirements), regulations, and orders of the United States of America, the Commonwealth of Massachusetts, the Town of Reading, and any other public or quasi-public authority having jurisdiction over the Subleased Premises, including without limitation all federal concerning the use, occupancy and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Subleased Premises and all machinery, equipment and furnishings therein. Subtenant shall pay any business, rent or other taxes that are now or hereafter levied upon Subtenant's use or occupancy of Tenant’s compliance with this Sectionthe Subleased Premises, or Subtenant's equipment, fixtures or personal property. As part of In the event that any such assessmenttaxes are enacted, changed or altered so that any of such taxes are levied against Sublandlord or Landlord, or the mode of collection of such taxes is changed so that Sublandlord or Landlord are responsible for collection or payment of such taxes, Subtenant shall have pay any and all such taxes to Sublandlord or Landlord upon written demand from Sublandlord specifying the rightparty to whom such payments are to be made. Notwithstanding the foregoing, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed Subtenant shall in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall no event be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous responsible for Sublandlord's or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLandlord's income tax liability.

Appears in 1 contract

Samples: Sublease Agreement (Xyvision Inc)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations. rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office. The parties agree that any contrary use shall be deemed to cause material R&D, light manufacturing, storage and irreparable harm to Landlord other legal uses related thereto, and shall entitle Landlord to injunctive relief in addition to any no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do do, keep or permit anything to be done or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of or cause the cancellation of any insurance covering the Premises or any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the standard form of fire insurance policies or which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building Premises or the Projectneighboring premises, or use injure, annoy or disturb them; and Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord's prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling or permit roof which might endanger or damage the structure; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, nor on the Project and/or their contentsPremises. the Building nor the Parcel of land. nor overload any electrical, and mechanical, plumbing, sprinkler, or other systems. No waste materials or refuse shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain be permitted to Tenant or its use remain upon any part of the PremisesPremises nor outside of the Building in which the Premises are a part, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, whether or not Tenant’s compliance will necessitate expenditures inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or interfere with its use and enjoyment semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generateplace anything or allow anything to be placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, handle, store system or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time not commit or suffer to time be committed any waste in or upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at Tenant covenants and agrees that no diminution of light. air or view by any time to perform an assessment structure which may be hereafter erected (whether or not by Landlord) nor use of the environmental condition Building by other occupants nor use of the Premises and neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Tenant’s compliance with this Section. As part rent hereunder or result in any liability of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (Aspec Technology Inc)

Use. Tenant The demised premises shall use the Premises be continuously used by Tenant, but only for the purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle parking of automobiles, trucks or other vehicles in the areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to injunctive relief in addition be common parking areas) and the outside storage of any property are prohibited without Landlord's prior written consent, Tenant shall comply with all governmental laws, ordinances and regulations applicable to any other available remedy. The uses prohibited under this Lease shall include, without limitation, the use of the Premises or a portion thereof premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for (i) offices the correction, prevention and abatement of any agency violations or bureau of nuisances in or upon, or connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies premises, all at Tenant's sole expense. If, as a result of any foreign change in the governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalter the premises to comply, temporary employment agencies or other training facilities which are not ancillary to corporatewith such laws, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with such tenants' use of their respective premises or permit anything to be done in or about any use which would adversely affect the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants reputation of the Building building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Project, or use or allow the Premises premises to be used for any unlawful purposepurpose (including, nor shall Tenant permit without limitation, the storage of merchandise) in any nuisance or commit any waste in manner which would render the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate insurance thereon void or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrate thereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its immediately cease and desist from such use, paying all costs and expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as resulting from such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseimproper use.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease ProvisionsProvisions and for no other purpose without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. 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 relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances regulations, codes ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Building. Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to industrial hygiene, environmental protection and/or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any “Hazardous Materials” (as hereinafter defined). Tenant shall not cause or permit any hazardous wastes, toxic substances or toxic or hazardous materials (collectively, “Hazardous Materials”) to be brought upon, used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, “Hazardous Materials Activities”) without first receiving Landlord’s written consent, which consent may be withheld by Landlord in its sole and absolute discretion and may be revoked at any time. If Landlord consents to any such Hazardous Materials Activities, Tenant shall conduct them in strict compliance (at Tenant’s sole cost and expense) with all applicable Regulations, as hereinafter defined, and using all necessary and appropriate precautions. Landlord shall not be liable to Tenant for any Hazardous Materials Activities by Tenant, Tenant’s employees, agents, contractors, licensees or invitees, whether or not Tenant’s compliance will necessitate expenditures consented to by Landlord. For purposes hereof, Hazardous Materials shall include, but not be limited to substances defined as “hazardous substances”, “toxic substances”, or interfere with its use “hazardous wastes” in the Comprehensive Environmental Response, Compensation and enjoyment Liability Act of 1980; Resource Conservation and Recovery Act of 1976; Hazardous Material Transportation Act; section 25117 of the California Health and Safety Code; all other laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws (collectively “Regulations”). Prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Tenant shall provide Landlord with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy; provided, however that Tenant may use commercially available office cleaning supplies in compliance with Regulations. Tenant shall not generate, handle, store or dispose also provide Landlord with a copy of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be Hazardous Materials inventory statement required by any governmental agencyapplicable Regulation, and any update filed in accordance with any applicable Regulation. If Tenant’s activities violate or create a risk of violation of any Regulation, Tenant shall cease such activities immediately, including (but not limited to) upon notice from Landlord. Tenant shall also, from time to time upon request immediately notify Landlord both by telephone and in writing of any spill or unauthorized discharge of any Hazardous Materials or of any condition constituting an “imminent hazard” under any Regulation. Landlord, execute such affidavits concerning TenantLandlord’s best knowledge representatives and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord employees shall have the right to enter the Premises at any time to perform in the case of an assessment emergency and otherwise at reasonable times (upon reasonable advance notice), for the purpose of inspecting the environmental condition of the Premises and of Tenant’s for verifying compliance by Tenant with this Section. As part Lease and all laws, rules, regulations, ordinances and directives relating in any manner to the Premises, including but not limited to matters pertaining to the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any such assessmentHazardous Materials. Tenant shall indemnify, Landlord shall have protect, defend (with counsel acceptable to Landlord) and hold Landlord, its agents, directors, affiliates, officers, partners, managers, members, employees, lenders, and successors and assigns, and the rightPremises, upon reasonable prior notice to Tenantharmless from the against any and all loss of rents and/or damages, to enter liabilities, judgments, costs, claims liens, expenses, penalties, permit fees and inspect attorney’s and consultant’s fees arising out of or involving any Hazardous Materials brought onto, manufactured, produced or stored at, discharged or transported from, the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by for Tenant, its agents, employees, representatives, contractors, subtenants invitees, successors or licenseesassigns, or in any way under Tenant’s control. The foregoing covenants Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to any person, property or the environment created or permitted by Tenant, and the cost of investigation (including consultant’s and attorney’s fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. Landlord shall indemnify Tenant from any action by a governmental agency against Tenant regarding the presence of Hazardous Materials existing at the Building prior to the date Tenant first occupied the Premises, except to the extent such pre-existing condition was exacerbated by, or caused by, Tenant or its employees, contractors or agents. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Materials or Hazardous Materials Activities, unless specifically so agreed by Landlord in writing at the time of such agreement. Tenant acknowledges that: (a) the Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Building contain asbestos containing materials. Landlord has been advised that these materials are non-friable and do not represent a health risk. Tenant is invited to review reports concerning these matters on file at the office of the Building.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Use. Landlord represents to Tenant that Tenant may use the Premises for general business office operations without violating any of the zoning laws applicable to the Building and/or the Site. 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 Tenant, at its expense, shall be deemed to cause material procure, maintain and irreparable harm to Landlord make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment normal and customary business operations 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 Premises or the ProjectSite. Tenant shall not perform any work or conduct any business whatsoever in the Project other than within the Site. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the BuildingBuildings, the Project and/or their contentscontents (unless Tenant elects to pay such increased costs), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense (except as specifically provided to the contrary in this Lease) with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose comply at its expense with the pertinent provisions of hazardous or toxic materials the Ground Leases (as such materials may be identified in any federal, state or local law or regulationand the Development Plan referenced therein) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports and with all applicable laws. Tenant agrees that it shall promptly complete present and deliver to Landlord any disclosure form regarding hazardous future covenants, conditions, easements or toxic materials that may be required by any governmental agencyrestrictions now encumbering the Building(s) and/or Site. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of Landlord from any liability and/or expense resulting from Tenant's noncompliance. Notwithstanding the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided foregoing or anything in this Lease from any release to the contrary, Tenant shall not be required to make, and Landlord shall make, all repairs to, modifications of, or additions to the Building Structure and/or the exterior Common Areas of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licenseesthe Site except and to the extent required because of *** Confidential treatment has been requested for the redacted text of this document. The foregoing covenants shall survive confidential redacted text has been omitted and filed separately with the expiration Securities and Exchange Commission. Alterations made by Tenant or earlier termination Tenant's use of this Leaseall or a portion of the Premises for other than normal and customary business office operations.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Use. Tenant shall use the The Premises are to be used only for the general office --- purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease which shall include, without limitationbut not be limited to, employee training, employee lunch room and/or kitchen facilities (including vending machines for Tenant's use only), printing facilities and incidental storage and warehouse facilities relating thereto, meeting and conference rooms, operation of an employee cafeteria, operation of an employee delicatessen (solely for the use of Tenant's employees and guests), telecommunication facility, data processing and computer facilities and equipment and for no other business or purpose without the Premises or a portion thereof for (i) offices prior written consent of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities Landlord which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant consent shall not do be unreasonable withheld, delayed or permit anything to conditioned, provided such use is consistent with the use of similarly situated office buildings in the area. No act shall be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with 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 Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present not, without Landlord's prior consent except as outlined and future lawsspecifically agreed to within this Lease, ordinances and requirements of all governmental authorities that pertain install any equipment, machine, device, tank or vessel which is subject to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing permitting requirement. Tenant, at its expense, shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable 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 agrees that it Tenant, at its expense, shall promptly complete comply with all applicable laws, statutes, ordinances, governmental rules, regulations or requirements, and deliver the applicable provisions of any recorded documents now existing or hereafter in effect relating to Landlord any disclosure form regarding hazardous its use, operation or toxic materials that occupancy of the Premises and shall observe such reasonable rules and regulations as may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, --------- Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part 's sole cost and expense for any accommodations or alterations which need to be made to the interior of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” Americans With Disabilities Act of 1990, as amended. Landlord shall be wholly responsible at Landlord's sole cost and expense (as defined subject to reimbursement pursuant to and in accordance with the terms of Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination 3.2 of this Lease, if applicable) for any accommodations or alterations which need to be made to the exterior of the Premises and/or the Project to comply with the provisions of the Americans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, except for any accommodations or alterations required by Tenant's Work (as that term is defined in Exhibit E) or Tenant's particular use of the Premises. Notwithstanding the --------- foregoing, Landlord shall be responsible, at its sole cost and expense (not subject to any reimbursement hereunder), for the completion of the Building in compliance with all applicable laws, ordinances, rules and regulations.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Diedrich Coffee Inc

Use. Tenant Lessee shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 Paragraph 1.9 of the Basic Lease Provisions, or any other legal use, which is reasonably comparable thereto, and for no other purpose without Lessor’s consent. Lessee shall, at its expense, obtain any governmental permits or approvals required for the Permitted Use. The parties agree that obtaining of any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition such permits or approvals is not a condition to any other available remedy. The uses prohibited of Lessee’s obligations under this Lease shall includeLease. Lessee acknowledges that neither Lessor nor Lessor’s agent has made any representation or warranty, whether express or implied, as to the Premises, including, without limitation, the suitability of the Premises for the conduct of Lessee’s business. Lessee has been advised by Lessor to conduct its own investigation of the suitability of the Premises for Lessee’s intended use, including, without limitation, a careful inspection of the Premises, a review of all applicable laws and ordinances, and inquiries of all applicable government agencies before executing this Lease. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates waste or a portion thereof for (i) offices nuisance, or that unreasonably disturbs owners and/or occupants of, or causes damage to the Premises or neighboring premises or properties. Lessee further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises in violation of any agency or bureau the laws of the United States of America, the State of California, or any state the ordinances, regulations or political subdivision thereof; (ii) offices requirements of the local municipal or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies county governing body or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering lawful authorities having jurisdiction over the Building, the Project and/or their contents, and . Lessee shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present recorded covenants, conditions, and future lawsrestrictions, ordinances and requirements the provisions of all governmental authorities ground or underlying leases, now or hereafter affecting the Real Property if Lessor provides Lessee with a copy thereof. Lessor acknowledges that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance Lessee will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) maintain products in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be which are required by any governmental agency. Tenant shall also, from time to time upon request by Landlordfor its business in customary amounts, execute which products contain chemicals which are categorized as Hazardous Substances. Lessor agrees that the use of such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials products in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s in compliance with this Section. As part of any such assessment, Landlord all applicable laws shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in not be a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed violation by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination Lessee of this Lease.

Appears in 1 contract

Samples: Attornment Agreement (Pfenex Inc.)

Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any 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; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Landlord acknowledges that Tenant is a life sciences company engaged in developing and marketing therapeutics. Notwithstanding the foregoing, Tenant acknowledges Tenant’s use of the Premises shall be in accordance with Section 3 of Article I of this Lease. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with 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 Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities or the storage of adequate quantities of any drugs or drug candidates of Tenant for its ordinary business purposes, so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Space Lease (Intercept Pharmaceuticals Inc)

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