Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 6 contracts

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

Appears in 4 contracts

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

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. For the avoidance of doubt, “Lenders” shall also include historic tax credit investors and new market tax credit investors. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written ~~consent~~consent (which shall not be unreasonably withheld, conditioned or delayed), nor shall any bottles, parcels or other articles be placed on the ~~windowsills~~windowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written ~~consent~~consent (which shall not be unreasonably withheld, conditioned or delayed). ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common ~~Areas~~ Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the ~~Building~~ Premises or that record sounds or images outside the ~~Project~~Premises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless ~~Landlord~~ from and against ~~any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements)~~ Claims arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding~~ The Premises have not undergone inspection by a Certified Access Specialist (as defined in California Civil Code Section 55.52). As of the ~~foregoing~~Execution Date, to Landlord’s actual knowledge, and without any duty to investigate, Landlord ~~shall be responsible for all liabilities, costs and expenses arising out~~ is not aware of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not any ADA violations within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall maintain temperature and humidity in any server room within the Premises in which a supplemental cooling system is installed in accordance with ASHRAE standards at all times.

Appears in 3 contracts

Samples: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)

Use. ~~10.1.~~ Tenant shall continuously occupy and use the Premises only for the ~~purpose set forth~~ Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 250 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other events of a temporary nature. Subject to the Building rules and regulations attached as Exhibit C hereto and the other provisions of this Lease, Tenant will be provided access to the Premises 24 hours per day, seven days per week. Tenant may use the Premises after normal business hours; however, such hours of operation shall not affect (i) the normal Building hours specified in Section ~~2.12~~7.1, or (ii) Tenant’s obligation to request and pay for, among other things, after-hours HVAC service as provided in Section 7.1 and all costs and expenses incurred by Landlord as a result of Tenant operating in the Premises beyond the normal Building hours specified in Section 7.1, including any additional cost and expense to provide the services contemplated by this Lease, such as any additional janitorial and day xxxxxx service to the common areas, and such costs and services shall be paid by Tenant to Landlord within 30 days following Landlord’s delivery to Tenant of an invoice therefor, and such costs shall not ~~use~~ be included in Operating Costs. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) except as expressly provided below, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, ~~or permit or suffer~~ and (b) Landlord shall bear the risk of (1) complying with the Disabilities Acts in the common areas of the Building, as well as (2) complying with the Disabilities Acts (as such Disabilities Acts are codified and interpreted as of the date of this Lease) in the Premises to the extent such non-compliance was caused by a condition which existed due to the construction of the Premises (but only if the Working Drawings complied with the Disabilities Acts) as of the date Landlord tenders possession of the Premises to Tenant, in each case in clause (1) and (2) above other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including the design of any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be ~~used~~borne by Tenant). If, however, any non-compliance with the Disabilities Acts in the Premises is due to a defect in the Architect’s Working Drawings (as each is defined in Exhibit D hereto), Tenant’s sole remedy shall be an action against the Architect, and Landlord shall have no liability therefor (however Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant in any actions against the Architect). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Project or its contents, or for the storage of any Hazardous Materials (other ~~purpose without Landlord’s prior written consent~~than de minimis quantities found in typical office supplies [e.g., ~~which consent Landlord may withhold~~ photocopier toner] and then only in ~~its sole~~ compliance with all Laws and ~~absolute discretion. 10.2~~in a reasonable and prudent manner). Tenant shall not use any substantial portion of the Premises for a “call center,” any other telemarketing use, or ~~occupy~~ any credit processing use. Tenant may use any existing wiring or cabling in the Premises in ~~violation of Applicable~~ its current “AS-IS” condition (and Landlord covenants that such existing wiring shall remain in the Premises during the Term to the extent permitted by Laws); ~~zoning ordinances;~~ however, any additional wiring or cabling installed by Tenant or modifications made to the ~~certificate of occupancy issued for~~ existing wiring or cabling shall be at Tenant’s sole cost and expense. During the ~~Building~~Term, Tenant shall leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and ~~shall~~comparable to its current condition. If, ~~upon five (5) days’ written notice from Landlord, discontinue any use~~ because of ~~the Premises that is declared~~ a Tenant Party’s acts or ~~claimed by any Governmental Authority having jurisdiction to be a violation of any of the above,~~ omissions or ~~that in Landlord’s reasonable opinion violates any of the above.~~ because Tenant ~~shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of~~ vacates the Premises, ~~impose any duty upon Tenant or Landlord with respect to~~ the ~~Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost~~ rate of ~~any fire, environmental, extended coverage or any other~~ insurance ~~policy covering~~ on the Building ~~and the Project~~or its contents increases, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for then such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks acts or ~~bolts of any kind~~ omissions shall be ~~placed upon any~~ an Event of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostDefault, Tenant shall pay to Landlord the ~~cost~~ amount of ~~replacing the same or~~ such increase on demand, and acceptance of ~~changing the lock or locks opened by~~ such ~~lost key if Landlord~~ payment shall ~~deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to~~ not waive any ~~outside wall~~ of ~~the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than~~ Landlord’s ~~standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or~~ other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyrights. Tenant shall ~~not place anything on the exterior of the corridor walls or corridor doors~~ conduct its business and control each other ~~than Landlord’s standard lettering. 10.8.~~ Tenant ~~shall cause any office equipment or machinery to be installed in the Premises~~ Party so as not to ~~reasonably prevent sounds~~ create any nuisance or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with ~~the rights of~~ other tenants or ~~occupants~~ Landlord in its management of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

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

Use. ~~10.1.~~ 13.1 Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2.~~ 13.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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 be deemed to be in default of the foregoing obligation if it has the right to appeal such directive and Tenant prosecutes such appeal in a timely fashion and in a manlier that does not impose or threaten to impose any lien, charge or other obligation on Landlord or any portion of the Project. ~~10.3.~~ 13.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the ~~Project~~Project and underwritten for building uses consistent with the Permitted Use, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ~~Project~~Project consistent with market insurance requirements, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article 13. ~~10.4.~~ 13.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5.~~ 13.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6.~~ 13.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7.~~ 13.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the ~~Premises or the~~ Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor. ~~10.8.~~ 13.8 Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 13.9 Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. ~~10.9.~~ 13.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10. Notwithstanding~~ 13.11 Landlord shall remedy at its sole cost and expense any ~~other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the~~ non-compliance of the Premises as of the Execution Date with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)~~, and Tenant~~ . Landlord shall indemnify, defend and hold harmless ~~Landlord~~ Tenant from and against any ~~loss, cost, liability or expense~~ Claims (~~including reasonable attorneys’ fees and disbursements~~as defined below) arising out of ~~any~~ Landlord’s failure ~~of such improvements~~ to comply with the ~~ADA~~preceding sentence. 13.12 Subject to the foregoing Landlord obligations. ~~Notwithstanding the foregoing, Landlord~~ Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the ~~existing structural portions and tenant improvements of the~~ Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and ~~Landlord~~ Tenant shall indemnify, defend and hold harmless ~~Tenant~~ Landlord from and against any ~~loss, cost, liability or expense~~ Claims (~~including reasonable attorneys’ fees and disbursements~~as defined below) arising out of any such failure of ~~Landlord~~ the Premises to ~~make such aspects of the Project~~ comply with the ADA~~. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~.

Appears in 3 contracts

Samples: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Use. ~~10.1.~~ (a) Tenant shall operate on the Premises the business described in Section 1(j) and shall use the Premises for no other purposes without the ~~purpose set forth~~ specific consent of Landlord, which consent may be withheld in ~~Section 2.12~~Landlord’s reasonable discretion. Tenant shall continuously and at all times actively and diligently operate its business on the Premises in a first class and reputable manner. Tenant shall employ its best business judgment, efforts and abilities to operate its business on the Premises in an efficient and businesslike manner so as to enhance the reputation and attractiveness of the Premises and the Property. (b) No use shall be made or permitted to be made of the Premises, nor any act done, which may increase the existing rates of insurance upon the buildings within which the Premises are located, or which may cause the cancellation of any insurance policy covering said buildings or any portion thereof. If any act on the part of Tenant or use of the Premises by Tenant shall cause, directly or indirectly, an increase of Landlord’s insurance expense, said additional expense shall be paid by Tenant to Landlord upon demand. Such payment by Tenant shall not limit Landlord in the exercise of any rights or remedies. Tenant, at its sole expense, shall comply with any and all requirements pertaining to the use of the Premises, or ~~permit~~ of any insurance organization or ~~suffer the Premises to be used, for any other purpose without Landlord’s prior written consent~~company, which ~~consent Landlord~~ compliance may ~~withhold in its sole~~ be necessary for maintenance of reasonable fire, extended coverage, public liability and ~~absolute discretion~~other insurance upon the buildings and the appurtenances thereto. ~~10.2.~~ (c) Tenant shall not ~~use~~ commit, or ~~occupy~~ suffer to be committed, any waste or nuisance upon the Premises. (d) Tenant shall keep the Premises ~~in violation~~ open for business within reasonable commercial business hours a minimum of ~~Applicable Laws; zoning ordinances;~~ 6 days each week during the season (March through October) or such other hours as Landlord and Tenant may mutually agree. During the ~~certificate of occupancy issued for~~ off season (November through February) Tenant may reduce its hours comparable with other marine related businesses at the ~~Building, and shall, upon five~~ Marina. (5e) ~~days’ written notice from Landlord, discontinue any use of~~ Tenant shall not vacate or abandon the Premises ~~that is declared or claimed by~~ at any ~~Governmental Authority having jurisdiction to be a violation~~ time during the term of ~~any of the above, or that in Landlord’s reasonable opinion violates any of the above~~this Lease. If Tenant shall ~~comply with any direction of any Governmental Authority having jurisdiction that shall~~abandon, ~~by reason of the nature of Tenant’s use~~ vacate or ~~occupancy of~~ surrender the Premises, ~~impose~~ or be dispossessed there from by process of law or otherwise, any ~~duty~~ personal property belonging to Tenant and left in or upon the Premises shall be deemed abandoned at the option of Landlord. (f) Tenant shall not post or ~~Landlord with respect to~~ erect any signs at the Premises or ~~with respect to~~ elsewhere at the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof Property without Landlord’s prior written consent. ~~Tenant shall, upon termination of this~~ During the Lease, ~~return~~ Landlord approves Tenant’s use of a minimum of three signs at the Property : 1) The current Xxxxxxx 00 billboard sign at Tower Park Way, 2) a sign on the roof of Shed #3, and 3) a sign at the end of the building facing the entrance (Shed #1). If Tenant wishes to add a new sign at any time, it shall submit drawings and specifications to Landlord ~~all keys to offices~~ in advance, which Landlord shall review and ~~restrooms~~ either ~~furnished to~~ approve or ~~otherwise procured by Tenant~~reject within thirty (30) days. ~~In the event any key so furnished to Tenant is lost,~~ Tenant shall pay all costs associated with installing and maintaining its signs, except that Landlord shall pay one half of all costs associated with the existing billboard facing Highway 12; provided that, if either Tenant or Landlord desires to ~~Landlord~~ change the billboard message and the other party does not, then the party initiating the change shall bear the cost of ~~replacing~~ making the ~~same or of changing~~ change. The parties shall endeavor in good faith to mutually agree to any proposed change in the ~~lock or locks opened by such lost key if Landlord shall deem it necessary~~ billboard message prior to ~~make~~ effecting any such change. All signage shall be maintained in first class condition. Damage due to extraordinary or unusual wear and tear, accidents and/or vandalism shall be promptly repaired. ~~10.6. No awnings or other projections shall be attached to any outside wall~~ (g) Tenant assumes full responsibility for the safety and security of ~~the Building. No curtains~~Tenant, ~~blinds, shades or screens shall be attached to or hung in, or used in connection with~~Tenant’s employees and customers, any ~~window or door~~ other people at the Property because of ~~the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent~~Tenant (e.g., ~~nor shall any bottles~~visitors, ~~parcels or other articles be placed on the windowsills. No equipment~~sales people, ~~furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent~~etc. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and ~~Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure~~ all of such ~~improvements to comply with~~ persons’ personal property (e.g., cars, boats, equipment) while such persons and property are at the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseProperty.

Appears in 3 contracts

Samples: Agreement for Sale and Purchase, Sale and Purchase Agreement (Tower Park Marina Investors Lp), Lease Agreement (Tower Park Marina Investors Lp)

Use. ~~10.1.~~ 11.1 Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.9, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2.~~ 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3.~~ 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase (unless Tenant pays the increase for the duration of the increase (even if after the end of the Term)) the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4.~~ 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5.~~ 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6.~~ 11.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, ~~nor~~ which shall ~~any bottles~~not be unreasonably withheld, ~~parcels~~ conditioned or ~~other articles be placed on the windowsills~~delayed. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. ~~10.7.~~ 11.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that~~ , which shall not be unreasonably withheld, conditioned or delayed. Directory and suite entry identification for Tenant shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall~~ be ~~subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed~~ provided for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard ~~lettering. 10.8~~lettering without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall ~~cause~~ have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines, including without limitation space on any ~~office~~ monument sign should one be constructed. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor. 11.8 Tenant shall use reasonable efforts consistent with a laboratory user to minimize the sounds or vibrations from equipment or machinery ~~to be~~ installed by Tenant in the Premises ~~so as to reasonably prevent sounds or vibrations therefrom from extending~~ that extend into the Common Areas or other offices in the Building. Further, Tenant shall ~~not~~ only place ~~any~~ equipment ~~weighing five hundred (500) pounds or greater~~ within the Premises ~~without~~ with floor loading consistent with the structural design of the Building (unless Tenant otherwise obtains Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed) and such equipment shall be placed in a location designed to carry the weight of such equipment. ~~10.9.~~ 11.9 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner materially adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10.~~ 11.10 Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations and warranties under this Lease (including without limitation Section 4.3) Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA. The provisions of this Section ~~10.10~~ 11.10 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Use. ~~10.1.~~ 6.1 Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12,~~ Permitted Use and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ for ~~any~~ no other purpose ~~without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use~~ or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant ~~shall, upon termination~~ shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1(e) above and no other ~~than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened~~ trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, ~~nor~~ but shall ~~any bottles~~in good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, ~~parcels~~ and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or ~~other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent~~government regulation. ~~10.7. No sign~~6.2 Tenant shall not occupy or use the Premises, ~~advertisement~~ or ~~notice shall be exhibited, painted or affixed by Tenant on~~ permit any ~~part~~ portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the ~~Building without Landlord’s prior written consent; provided~~ Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall ~~have~~ not permit any objectionable or unpleasant odors to emanate from the ~~right to install a sign with its name and corporate logo~~ Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. 6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the ~~size~~Premises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises. 6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole ~~cost and~~ expense, any permits and ~~shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively~~ licenses required for the ~~display~~ transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises ~~so as~~ and, at Tenant’s sole expense, 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 ~~reasonably prevent sounds~~ the use, condition or ~~vibrations therefrom~~ occupancy of the Premises. 6.6 Tenant shall keep all exterior electric signs lighted from ~~extending into~~ dusk until at least 12:00 A.M. every day, including Sundays and holidays. 6.7 Tenant shall include the ~~Common Areas or other offices~~ address and identity of its business activities in the ~~Building. Further,~~ Premises in all advertisements made by Tenant ~~shall not place any equipment weighing five hundred (500) pounds or greater within~~ in which the ~~Premises without Landlord’s prior written approval,~~ address and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any ~~failure~~ similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.

Appears in 3 contracts

Samples: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)

Use. ~~10.1.~~ (a) Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12~~Permitted Uses, and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~purpose. Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of ~~Applicable Laws; zoning ordinances;~~ which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or ~~the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ restrictions currently on record which will affect Tenant’s use of the Premises ~~that is declared~~ for the Permitted Uses), (ii) any law or ~~claimed by~~ ordinance or any ~~Governmental Authority having jurisdiction to be a violation~~ Certificate of ~~any of~~ Occupancy issued for the ~~above~~Building or the Premises, or ~~that in Landlord’s~~ (iii) any reasonable ~~opinion violates any~~ Rules and Regulations issued by Landlord for the Building of ~~the above~~which Tenant has been given a copy. Tenant shall comply with any ~~direction~~ directive of any ~~Governmental Authority having jurisdiction that shall, by reason of the nature of~~ governmental authority with respect to 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. 10.3~~. Tenant shall not do or permit ~~to be done~~ anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use the Premises or allow ~~the Premises~~ them to be used for ~~immoral or~~ any unlawful ~~purposes, nor~~ purpose. Tenant shall ~~Tenant knowingly~~ not cause, maintain or permit any nuisance ~~or waste~~ in, on or about the Premises, or commit or allow any waste in or upon the Premises. (b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 5.1(e)), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises. (c) Tenant shall keep the Premises equipped with all safety appliances required by law because of any use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses. (d) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant’s business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or ~~the Project. 10.10. Notwithstanding~~ to any other ~~provision herein to~~ space in the ~~contrary,~~ Building. Tenant shall be responsible for the cost of all ~~liabilities~~structural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant. (e) Tenant shall not keep or use any article in the Premises, ~~costs~~ or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and ~~expenses arising out~~ improvements similar to the Building and Leasehold Improvements, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant’s activity, a schedule issued by the organization computing the insurance rate on the Building or ~~in connection~~ the Leasehold Improvements, showing the various components of the rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the ~~compliance~~ insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises ~~with~~ by Tenant or by anyone Tenant allows on the ~~Americans with Disabilities Act~~Premises causes or threatens cancellation or reduction of any insurance carried by Landlord, ~~42 U.S.C. § 12101~~Tenant shall remedy the condition immediately upon notice thereof. Upon Tenant’s failure to do so, ~~et seq~~Landlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. ~~(together with regulations promulgated pursuant thereto, the “ADA”)~~Landlord shall not be liable for any damage or injury caused as a result of such an entry, and ~~Tenant~~ shall ~~indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ not waive its rights to declare a default because of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefailure.

Appears in 3 contracts

Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. ~~Interior~~ For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Building standard suite identification signs on (adjacent to the entry doors to the Premises) and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor (except that Landlord shall be responsible for the costs of Building standard interior suite identification signs (adjacent to the entry doors to the Premises) and the directory tablet as set forth above). ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral or~~ unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, but subject to Landlord’s obligations in connection with Subsection 5(y) above, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or~~ The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)

Appears in 3 contracts

Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC), Lease (Cyclerion Therapeutics, Inc.)

Use. ~~10.1~~13.1. Tenant shall use the Premises only for the purpose set forth in Section ~~2.12~~2.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~13.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~13.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost (unless Tenant promptly pays such increase) of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article 13. ~~10.4~~13.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~13.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent; provided, however, subject to Landlord’s consent as to the details thereof, which consent shall not be unreasonably withheld or delayed, Tenant shall be permitted to modify or add to the current security system and master key system for the Premises; provided that Landlord shall continue to have access to the Premises consistent with Landlord’s rights under this Lease. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~13.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, nor shall any bottles, parcels or other articles be placed on the windowsills~~. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent~~. ~~10.7~~13.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor. ~~10.8~~13.8. Tenant shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. Tenant shall have the right to signage that is both (a) approved in advance by Landlord and (b) in compliance with Applicable Laws, including, without limitation, City of Fremont codes, including the signage described in Exhibit H. 13.9. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. ~~10.9~~13.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~13.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend and hold Landlord harmless ~~Landlord~~ from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of ~~such improvements~~ the Premises to comply with the ADA~~. Notwithstanding the foregoing~~; provided, however, that Landlord shall ~~be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of~~ perform alterations to the Premises as required by a change in Applicable Laws (other than alterations necessitated by Tenant’s particular use of ~~the date of this Lease, the “path of travel” into and within the Building (but not within~~ the Premises, ~~except~~ which Tenant shall complete at its sole cost and expense), which Tenant shall pay (a) as ~~specifically described~~ Operating Expenses (subject to the terms of Section 10.1), if such alterations are not confined to the Premises, or (b) to Landlord within thirty (30) days after receipt of an invoice therefor, if such alterations are confined to the Premises (provided that, in ~~this sentence)~~ the case of Subsection 13.11(b), if such costs are for capital repairs or replacements to the Premises, they shall be amortized over the improvements’ useful lives in accordance with GAAP); and ~~the Project’s parking lots, walkways and landscaping areas with the ADA, and~~ provided that Tenant notifies Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects in writing of the ~~Project comply with the ADA~~need for any such alterations. The provisions of this Section ~~10.10~~ 13.11 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to ~~install a sign with its name~~ use and ~~corporate logo on~~ occupy the ~~exterior of~~ Premises for any retail purpose or for any other use or purpose permitted by the ~~Building~~applicable zoning authority and otherwise by Laws and, ~~the size~~as applicable, ~~appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted~~ any REAs or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyOverleases. Tenant shall ~~not place anything on~~ have the ~~exterior~~ right to cease operations for business (“go dark”) in up to ten percent (10%) of the ~~corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in~~ aggregate of the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) ~~do or permit anything to be done in or about~~ rentable square footage of the Premises ~~that shall in any way obstruct or interfere with~~ covered by this Lease at the ~~rights~~ time of ~~other tenants or occupants of the Building or the Project~~determination, ~~or injure or unreasonably annoy them, or~~ and (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance rentable square footage of the ~~Premises with~~ leased premises under the ~~Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto,~~ Other Lease at the ~~“ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ time of ~~any failure of such improvements to comply with the ADA~~determination. Notwithstanding the foregoing, ~~Landlord~~ (i) as to any particular Property Location, if less than fifty percent (50%) of the rentable square footage of such Property Location is not operating for business, no portion of such Property Location shall be ~~responsible~~ considered “dark”, (ii) no portion of a Property Location shall be considered “dark” unless such Property Location is “dark” for ~~all liabilities~~more than twelve (12) consecutive months, ~~costs and expenses arising out~~ (iii) no portion of or a Property Location shall be considered “dark” if Tenant ceases business operations in such Property Location in connection with a casualty, condemnation, Capital Improvement (as defined in Article 11) or Force Majeure (as defined in Section 31.10), and (iv) Tenant shall have the right to “go dark” in one (1) distribution center and such Property Location shall not count against the ten percent (10%) limitation set forth above. Tenant shall provide Landlord with written notice of a “go dark” Property Location, and an officer’s certificate of Tenant (1) certifying compliance with all of the ~~existing structural portions~~ square footage requirements set forth in the foregoing subsections (a), (b) and ~~tenant improvements~~ (i), and the other requirements or conditions set forth in the foregoing subsections (ii), (iii) and (iv), and (2) attaching a schedule of ~~the Premises as of the date of~~ square footage calculations in support thereof (provided, however, that Tenant’s failure to deliver such notice and officer’s certificate to Landlord shall not constitute a default under this Lease). Notwithstanding the foregoing, the ~~“path of travel” into~~ terms and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Lease and Tenant’s obligations hereunder (including without limitation, the payment of Base Rent and other Rent without reduction except as set forth in Articles 14 and 15, the maintenance of insurance as required under Article 6 and Tenant’s maintenance obligations under Section ~~10.10~~ 9.02) shall ~~survive the expiration or earlier termination of this Lease~~remain in full force and effect with respect to any Property Location that has gone “dark”.

Appears in 2 contracts

Samples: Master Lease (Spirit Finance Corp), Master Lease (Spirit Finance Corp)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. Landlord acknowledges that Tenant’s use of the Premises for the Permitted Use in accordance with all of the terms and conditions of this Lease shall not invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building or the Project. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the actual cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings without Landlord’s prior written consent (in Landlord’s so e and absolute discretion). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all actual costs associated with such installation within thirty (30) days after demand therefor. ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding~~ This Section (as well as any other provisions of this Lease dealing with indemnification of the ~~foregoing,~~ Landlord Indemnitees by Tenant shall be ~~responsible for all liabilities, costs and expenses arising out of or~~ deemed to be modified in ~~connection with~~ each case by the ~~compliance~~ insertion in the appropriate place of the ~~existing structural portions and tenant improvements of the Premises as of the date of this Lease, the~~ following: “~~path of travel” into and within the Building (but not within the Premises,~~ except as ~~specifically described~~ otherwise provided in ~~this sentence) and the Project’s parking lots~~Mass. G.L. Ter. Ed., ~~walkways and landscaping areas with the ADA~~C. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. Landlord hereby represents and warrants that, as of the Term Commencement Date, the Common Areas are in compliance with the ADA.

Appears in 2 contracts

Samples: Lease (EverQuote, Inc.), Lease (EverQuote, Inc.)

Use. ~~10.1.~~ 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices and, at Tenant’s option, for utilization of a kitchen for the ~~purpose set forth~~ testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose. 2.02 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in ~~Section 2.12, and shall not use~~ the Demised Premises, or ~~permit or suffer the Premises to be used, for~~ any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildingpart thereof, and ~~shall, upon five (5) days’ written notice from~~ if failure to secure such license or permit would in any way affect Landlord, ~~discontinue any use of~~ the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises Land or the Building ~~without Landlord’s prior written consent; provided that Tenant shall have~~ or the ~~right to install a sign with~~ conduct of business thereon or therein, then Tenant, as its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall duly procure and ~~shall be of a size, color~~ thereafter maintain such license or permit and ~~type acceptable to~~ submit the same for inspection by Landlord~~. The directory tablet shall be provided exclusively for the display of the name and location of tenants only~~. Tenant shall ~~not place anything on~~ at all times comply with the ~~exterior~~ terms and conditions of ~~the corridor walls~~ each such license or ~~corridor doors other than~~ permit. At no expense to Landlord~~’s standard lettering~~, Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or maintaining such license or permit. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, 2.03 Tenant shall not ~~place~~ at any ~~equipment weighing five hundred (500) pounds~~ time use or ~~greater within~~ occupy, of suffer or permit anyone to use or occupy, the ~~Premises without Landlord’s prior written approval~~Demised Premises, ~~and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a)~~ or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or ~~about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants~~ requirements of the ~~Building or~~ Department of Buildings affecting the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. 2.04 In connection with any cooking in the Demised Premises: a. Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other similar exhaust devices. b. Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests. c. Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, to emanate from the Demised Premises. Upon notification from Landlord that Landlord received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or the ~~Project~~implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and xxxx Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of a material obligation of Tenant’s tenancy hereunder. ~~10.10~~d. Tenant shall not cause any food, waste or other foreign substance to be thrown or drawn into the plumbing or waste lines. ~~Notwithstanding~~ Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any damage resulting from any violation of this Article. e. Tenant shall install and maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other ~~provision herein to~~ remedies for any such breach permitted by law or the ~~contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out~~ provisions of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingthis Lease, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless entitled to enjoin Tenant from ~~and against~~ any ~~loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ violation of ~~any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~said provisions.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Use. ~~10.1. Tenant~~ Subtenant shall use the Sublease Premises solely for the ~~purpose~~ Permitted Use set forth ~~in Section 2.12~~in, and subject to the terms and conditions of, the Master Lease. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the ~~Premises~~Sublease Premises for, or carry on, or permit ~~or suffer the Premises~~ to be ~~used~~carried on, ~~for~~ any ~~other purpose without Landlord’s prior written consent~~offensive, ~~which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use~~ noisy or ~~occupy the Premises in violation of Applicable Laws; zoning ordinances;~~ dangerous trade, business, manufacture or ~~the certificate of occupancy issued for the Building~~occupation, ~~and shall, upon five (5) days’ written notice from Landlord, discontinue~~ nor permit any ~~use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction~~ auction sale to be ~~a violation of any of~~ held or conducted on or about the ~~above, or that in Landlord’s reasonable opinion violates any of the above~~Sublease Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord upon demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 29.38.1 of the Master Lease) on, in or about the ~~Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project~~Sublease Premises, or ~~injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain~~ transport or permit the transportation of any ~~nuisance~~ such Hazardous Materials to or ~~waste in, on or about~~ from the Sublease Premises, except for limited quantities used or stored at the ~~Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs~~ Sublease Premises and ~~expenses arising out of or~~ required in connection with the ~~compliance~~ routine cleaning and maintenance of the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)~~Sublease Premises, and ~~Tenant shall indemnify, defend~~ then only upon the written consent of Master Landlord and ~~hold harmless Landlord from~~ Sublandlord and ~~against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply~~ in compliance with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseapplicable laws.

Appears in 2 contracts

Samples: Sublease (Credo Technology Group Holding LTD), Sublease (Credo Technology Group Holding LTD)

Use. ~~10.1.~~ 6.1 Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12,~~ Permitted Use and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ for ~~any~~ no other purpose ~~without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use~~ or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof purposes without Landlord’s prior written consent. Tenant ~~shall, upon termination~~ shall use in the transaction of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of business from the Premises the trade name specified in Section 1.1 (e) above and no other ~~than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened~~ trade name without Landlord’s prior written consent. Tenant shall not at any time leave the Premises vacant, ~~nor~~ but shall ~~any bottles~~in good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. Tenant shall operate its business with a complete menu of all items offered by other Chuy’s Comida Deluxe locations, ~~parcels~~ and with sufficient foods and beverages of a fresh, first class quality, and in an efficient, high class and reputable manner so as to produce the maximum amount of sales from the Premises consistent with good business practices, and shall, except during reasonable periods for repairing, cleaning and decorating, keep the Premises open to the public for business with adequate and competent personnel in attendance on all days (except for holidays approved in writing by Landlord) and during all hours (including evenings) established by Tenant from time to time as Tenant’s business hours, except to the extent Tenant may be prohibited from being open for business by applicable law, ordinance or ~~other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent~~government regulation. ~~10.7. No sign~~6.2 Tenant shall not occupy or use the Premises, ~~advertisement~~ or ~~notice shall be exhibited, painted or affixed by Tenant on~~ permit any ~~part~~ portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the ~~Building without Landlord’s prior written consent; provided~~ Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall ~~have~~ not permit any objectionable or unpleasant odors to emanate from the ~~right to install a sign with its name and corporate logo~~ Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. 6.4 Tenant shall maintain the Premises in a clean, healthful and safe condition. Tenant shall store all trash and garbage on the ~~size~~Premises in a neat and sanitary manner and arrange for the regular pick-up of such trash and garbage at Tenant’s expense. Tenant shall not operate an incinerator or burn trash or garbage upon the Premises. 6.5 Tenant shall procure, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole ~~cost and~~ expense, any permits and ~~shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively~~ licenses required for the ~~display~~ transaction of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed business in the Premises ~~so as~~ and, at Tenant’s sole expense, 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 ~~reasonably prevent sounds~~ the use, condition or ~~vibrations therefrom~~ occupancy of the Premises. 6.6 Tenant shall keep all exterior electric signs lighted from ~~extending into~~ dusk until at least 12:00 A.M. every day, including Sundays and holidays. 6.7 Tenant shall include the ~~Common Areas or other offices~~ address and identity of its business activities in the ~~Building. Further,~~ Premises in all advertisements made by Tenant ~~shall not place any equipment weighing five hundred (500) pounds or greater within~~ in which the ~~Premises without Landlord’s prior written approval,~~ address and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out identity of any ~~failure~~ similar local business activity of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseis mentioned.

Appears in 2 contracts

Samples: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)

Appears in 2 contracts

Samples: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Use. ~~10.1.~~ 11.1 Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s 's prior written consent, which consent Landlord may withhold in its sole ~~and absolute~~ but reasonable discretion. ~~10.2.~~ 11.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Buildings or the Project, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above~~, or that in Landlord’s reasonable opinion violates any of the above~~. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s '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. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings in accordance with Applicable Laws if Tenant's failure to comply therewith neither creates any risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any risk of damage to the Premises, nor creates any risk to Landlord's title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. ~~10.3.~~ 11.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and~~ Buildings or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building~~ Buildings and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this ~~Section~~Article. ~~10.4.~~ 11.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5.~~ 11.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s 's prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6.~~ 11.6 No awnings or other projections shall be attached to any outside wall of the ~~Building~~Buildings without prior written consent from Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises visible from the exterior of the Building other than Landlord’s 's standard window ~~coverings~~coverings without Landlord's prior written approval, which approval shall not be unreasonably withheld. Neither the interior nor exterior of any windows shall be coated or otherwise ~~sunscreened~~ screened without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s 's prior written consent, which approval shall not be unreasonably withheld. ~~10.7~~11.7 Subject to the approval of all applicable governmental and quasi-governmental entities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, (i) Landlord hereby grants Tenant the non-exclusive right to install one (1) exterior sign on the face of the Building ("Tenant's Fascia Sign"), and (ii) the non-exclusive right to install Tenant's name ("Tenant's Name Sign") on the top or most prominent, available panel on the existing monument sign serving the Project. ~~No sign~~Tenant's Name Sign and Tenant's Fascia Sign may collectively be referred to herein as "Tenant's Exterior Signage." The design, ~~advertisement or notice~~ size, specifications, graphics, materials, manner of affixing, exact location, colors and lighting (if applicable) of Tenant's Exterior Signage shall be ~~exhibited, painted or affixed by Tenant on any part~~ (i) consistent with the quality and appearance of the ~~Premises~~ Project, (ii) subject to the approval of all applicable governmental and quasi-governmental authorities, and subject to any covenants, conditions and restrictions and all applicable governmental and quasi-governmental laws, rules, regulations and codes, and (iii) subject to Landlord's reasonable approval. Tenant's Exterior Signage shall be installed at Tenant's sole cost and expense. In addition, Tenant shall be responsible for all other costs attributable to the fabrication, insurance, lighting (if applicable), maintenance, repair and removal of Tenant's Exterior Signage. The signage rights granted to Tenant under this Section 11.7 is personal to the Original Tenant and any Affiliate Assignee and may not be exercised or used by or assigned to any other person or entity (unless Landlord reasonably consents to the ~~Building without Landlord’s prior written consent; provided that~~ assignment of such rights in connection with its approval of an assignment of this Lease). In addition, Original Tenant or such Affiliate Assignee shall no longer have any right to Tenant's Name Sign if at any time during the Term the Original Tenant, such Affiliate Assignee does not lease and occupy the entire Premises. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant's signage rights under this Section 11.7, Landlord shall have the right to ~~install a sign with its name~~ permanently remove Tenant's Exterior Signage, and ~~corporate logo on~~ to repair all damage to the ~~exterior of~~ Project resulting from such removal, and Tenant shall reimburse Landlord for the ~~Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent~~actual out-of-pocket costs thereof. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s 's sole cost and ~~expense~~expense (provided Landlord will charge its actual out-of-pocket cost for such signage), and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s 's standard lettering. ~~10.8.~~ 11.8 Tenant shall ~~cause any office~~ only place equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises ~~without Landlord’s prior written approval~~with floor loading consistent with the Buildings' structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment. ~~10.9.~~ 11.9 Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent or minimize sounds or vibrations therefrom from extending into the Common Areas or other offices in the Project. 11.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, ~~or injure or unreasonably annoy them, or~~ (b) use or allow the Premises to be used for immoral, unlawful or objectionable purposes (provided that scientific research of any kind will not be deemed immoral or ~~unlawful purposes~~objectionable for purposes of this section), ~~nor shall Tenant knowingly~~ or (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building or the~~ Project. ~~10.10.~~ 11.11 Notwithstanding any other provision herein to the contrary, from and after the date of Substantial Completion of the Improvements, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § ~~12101~~1210 I, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “"ADA”"). 11.12 Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld and ~~Tenant shall indemnify~~Tenant's compliance with all applicable laws and any covenants, ~~defend~~ conditions and ~~hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with~~ restrictions affecting the ~~ADA. Notwithstanding the foregoing~~Project, Landlord shall permit Tenant to install and maintain, at Tenant's sole cost and expense, a backup diesel-powered generator at a location designated by Landlord. Such backup generator shall be ~~responsible~~ used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project, which generator may be a "plug in" portable type generator. Tenant shall be entitled to operate the generator for ~~all liabilities~~testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, ~~costs~~ operation, installation and ~~expenses arising out of or in connection with the compliance~~ maintenance of the ~~existing~~ backup generator for Landlord's consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's structural ~~portions~~ and ~~tenant improvements~~ mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Article 20 will apply to Tenant's use of the ~~Premises as of~~ backup generator. In the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects event another tenant of the Project ~~comply with~~ or of a neighboring project complains of problems caused by the ~~ADA~~generator, Tenant shall take reasonable steps as necessary to remedy the problem complained of. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. The ~~provisions~~ vent for the generator must be higher than the roof line of ~~this Section 10.10~~ the Project. Any repairs and maintenance of such generator shall ~~survive~~ be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant's sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Project resulting from such removal; provided that Tenant will at all times have the right to remove the generator if the generator is rented from or otherwise owned by a third party. Such generator shall be deemed to be a part of the Premises for purposes of Articles 22 and 27 of this Lease.

Appears in 2 contracts

Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not knowingly do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and the Project~~Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building and the Project~~Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. 10.5. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No additional sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the ~~Premises or~~ exterior of the Building or on the Property without Landlord’s prior written consent~~; provided that Tenant shall have~~ , which will not be unreasonably withheld. By executing this Lease, Landlord hereby approves the ~~right to install a sign with its name and corporate logo~~ signage currently existing on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyPremises. 10.6. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral or~~ unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises~~, the Building or the Project~~. ~~10.10~~10.7. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA. The provisions of this Section ~~10.10~~ 10.7 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Array Biopharma Inc), Lease (Array Biopharma Inc)

Use. ~~10.1.~~ 8.1 Tenant shall use the Premises for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the ~~purpose set forth~~ operation and occupancy of a technology company headquarters in ~~Section 2.12~~the South of Market District, and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written ~~consent~~approval of plans therefore, ~~which consent Landlord may withhold~~ Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant 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 ~~absolute discretion. 10.2~~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 necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or other air-removal/circulation system, and any 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 Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the ~~certificate~~ Certificate of ~~occupancy~~ Occupancy issued for the Building~~, and shall, upon~~ . Upon five (5) ~~days’~~ business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ 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 ~~above~~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 ~~reasonable opinion violates any~~ 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 ~~above~~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~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s specific use or ~~occupancy~~ 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~~. 10.3~~. Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or increase the cost of any fire, ~~environmental,~~ extended coverage or any other insurance policy covering the ~~Building and~~ Site, the ~~Project~~Building, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the ~~insurers of the Building and the Project~~Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, ~~and~~ Tenant shall ~~promptly, upon demand,~~ 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 Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 8. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Site, the Building, and/or the Premises ~~that shall in any way~~ which will unreasonably obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use or allow the Premises to be used for ~~immoral or~~ any unlawful ~~purposes, nor~~ purpose. Tenant shall ~~Tenant knowingly~~ not cause, maintain or permit any nuisance ~~or waste~~ in, on or about the ~~Premises~~Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the ~~Project. 10.10~~Site, the Building and/or the Premises. ~~Notwithstanding~~ Tenant shall not commit or suffer to be committed any waste in or upon the Site, the 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, with the partitions to be considered a part of the live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, 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 noise that may be transmitted to the Building structure or to any other ~~provision herein~~ space in the Building shall be so installed, maintained and used by Tenant as to ~~the contrary,~~ eliminate such vibration or noise. Tenant shall be responsible for all ~~liabilities~~structural engineering required to determine structural load. Tenant shall fasten all files, ~~costs~~ bookcases and ~~expenses arising out~~ like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events. 8.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in ~~connection~~ amounts commensurate with ~~the compliance~~ Tenant’s permitted use and occupancy of the ~~Premises with~~ Premises, Tenant shall not use, introduce to the ~~Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto~~Site, the ~~“ADA”)~~Building and/or the Premises, ~~and~~ generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below in this Paragraph 8.2) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall ~~indemnify~~not permit the Premises to be in violation of any laws regarding Hazardous Materials brought onto the Premises by Tenant, ~~defend~~ its employees, agents or contractors; provided however that nothing in this Lease shall be construed to impose responsibility on Tenant for the remediation of Hazardous Materials that (i) were present in, on or under the Building on the Lease Commencement Date, (ii) are introduced into the Premises by Landlord’ its employees, agents or contractors, or (iii) which may migrate to the Premises through the air, water or soil through no fault of Tenant, its employees, agents or contractors. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations, of which Tenant has notice. Landlord shall give immediate written notice to Tenant of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Landlord’s operations, of which Landlord has notice. (a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, managers, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any ~~loss~~and all claims arising from Tenant’s use, ~~cost~~generation, ~~liability~~ manufacture, production, storage, release, discharge or ~~expense~~ disposal of Hazardous Materials on the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of this Paragraph 8. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation,’ (a) all actual damages; and (b) the costs of any cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof, including ~~reasonable attorneys’~~ without limitation all costs of monitoring and all fees and ~~disbursements) arising out~~ expenses of ~~any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs~~ consultants and ~~expenses arising out of or in connection with the compliance~~ experts retained by and of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAParties. ~~The provisions of this Section 10.10~~ This indemnity shall survive the expiration or ~~earlier~~ termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party. Landlord shall indemnify and hold harmless Tenant, its directors, officers, members, employees, agents, successors and assigns (collectively “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from the use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises occurring prior to the Lease Commencement Date or during the Lease Term as a result of Landlord’s or Landlord Parties’ use, generation, manufacture, production, storage, release, discharge or disposal of Hazardous Materials on the Site, the Building and/or the Premises. (b) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term “Hazardous Material” shall include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall be amended from time to time, petroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of petroleum or petroleum-related substances, asbestos, and any other materials requiring remediation now or in the future under federal, state or local statutes, ordinances, regulations or policies.

Appears in 2 contracts

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

Appears in 2 contracts

Samples: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Use. ~~10.1.~~ A. Tenant shall use the Leased Premises solely for ~~the purpose set forth in Section 2.12~~general office use, and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ for ~~any~~ no other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion~~purpose. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. B. Tenant shall comply with ~~any direction of any Governmental Authority having jurisdiction that shall~~all statutes, ~~by reason of the nature of Tenant’s use or occupancy of the Premises~~laws, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and ~~requirements~~ ordinances affecting the Leased Premises or relating to the use or occupancy thereof and all the orders or recommendations of ~~the insurers of the Building and the Project~~any insurance underwriters, safety engineers, and ~~Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy~~ loss prevention consultants as may from time to time be consulted by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord~~’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant~~. In ~~the event any key so furnished to Tenant is lost~~addition, ~~Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key~~ if Landlord ~~shall deem it necessary~~ makes any alteration to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant or in order to comply with any requirement of any statutes, laws, rules, orders, regulations and ordinances and such requirement is a result of Tenant’s particular business or use of the ~~Building without Landlord’s prior written consent; provided that~~ Leased Premises (as opposed to general office use), then Tenant shall ~~have~~ reimburse Landlord upon demand for the ~~right~~ cost thereof. In no event shall Tenant use the Leased Premises for purposes which are prohibited by zoning or similar laws or regulations, or covenants, conditions or restrictions of record. Tenant acknowledges and agrees it is solely responsible for determining if its business complies with the applicable zoning regulations, and that Landlord makes no representation (explicit or implied) concerning such zoning regulations. C. Tenant shall, at its sole expense: (i) keep the Leased Premises in a good order and condition consistent with the operation of a first-class office building; (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the use of any portion of the Leased Premises for any unlawful purpose; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to ~~install a sign~~ carry in accordance with ~~its name~~ the plans and ~~corporate logo on the exterior~~ specifications of the Building, and not install, operate or maintain in the ~~size~~Leased Premises any heavy item of equipment except in such manner as to achieve a proper distribution of weight; (vi) not strip, ~~appearance~~ overload, damage or deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building, or the fixtures therein or used therewith, nor permit any hole to be made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and ~~characteristics~~ in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises any electrical heating, air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the amount of electricity required for use of the Leased Premises as general office space (other than ordinary office equipment such as personal computers, printers, copiers and the like) without first obtaining the written consent of Landlord, which shall not be ~~subject~~ unreasonably withheld; (ix) not install any other equipment of any kind or nature which will or may necessitate any changes, replacements or additions to, or in the use of, the water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the written consent of Landlord. D. In addition to ~~Landlord’s prior written consent. Interior signs~~ and not in limitation of the other restrictions on ~~doors and~~ use of the ~~directory tablet~~ Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the following uses of the Leased Premises shall not be ~~inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense,~~ considered to be “office use” and shall not be permitted: (1) any use of the Leased Premises by an organization or person enjoying sovereign or diplomatic immunity; (2) any use of the Leased Premises by or for any medical, mental health or dental practice; (3) any use of the Leased Premises by or for an employment agency or bureau; (4) any use of the Leased Premises for classroom purposes (other than internal or, on an infrequent basis, customer training purposes); (5) any use of the Leased Premises by or for any user which distributes governmental or other payments, benefits or information to persons that personally appear at the Leased Premises; (6) any other use of the Leased Premises or any portion of the Building by any user that will attract a volume, frequency or type of visitor or employee to the Leased Premises or any portion of the Building which is not consistent with the standards of a ~~size~~high quality, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any first-class office ~~equipment or machinery to be installed~~ building in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants general area of the Building or that will in any way impose an excessive demand or use on the ~~Project,~~ facilities or ~~injure or unreasonably annoy them, or (b) use or allow~~ services of the Leased Premises ~~to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building~~ or the ~~Project~~Building. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.8, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) business days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ~~Project~~Project (provided that Landlord has given written notice of such rules to Tenant), and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings, except as approved in writing by Landlord in advance. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. Tenant shall have the right to monument signage on the Premises; provided, however, that (a) no such monument signage shall be installed without Landlord’s prior written consent, (b) the design, installation, maintenance, repair, restoration and removal (including restoration of the Property upon which the same was located) of the monument signage shall be at Tenant’s sole cost and expense, (c) any such monument signage must be in full compliance with all Applicable Laws and any covenants, conditions or restrictions that encumber the Property (“CC&Rs”), and (d) Tenant shall be solely responsible for obtaining any governmental permits or approvals, and approvals under the CC&Rs, that are required to install and maintain such monument signage. In the event of a violation of the foregoing by Tenant, Landlord shall remove the same without any liability, and may charge the expense incurred in such removal to Tenant. 10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall ~~not~~ only place ~~any~~ equipment ~~weighing five hundred (500) pounds or greater~~ within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of ~~such improvements~~ the Premises to comply with the ADA; provided that Tenant shall not be responsible for the TI Allowance or the Additional TI Allowance or for performing the Tenant Improvements. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall agrees to indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense ~~(including reasonable attorneys’ fees and disbursements)~~ arising out of any failure of ~~Landlord~~ the Premises to ~~make such aspects of the Project~~ comply with the ~~ADA~~ADA prior to the Term Commencement Date. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Appears in 2 contracts

Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Use. ~~10.1.~~ Section 21.1 The Tenant shall use the Premises and the Personal Property solely for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation production of ~~Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five~~ Joint Venture Products (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed as defined in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500Contribution Agreement) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the ~~compliance~~ conduct of the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”),~~ Business and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADAno other purpose. The provisions of this Section ~~10.10~~ 21.1 shall ~~survive~~ not prohibit any new uses which become part of the ~~expiration~~ Business, provided that the same: (a) are of the same nature as the current uses of the Demised Premises and the Personal Property; (b) are permitted under the certificate of occupancy (or ~~earlier termination~~ the certificate of ~~this Lease~~occupancy is amended to permit such use); and (c) are approved by the Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall not use, treat, or dispose of any Hazardous Substances (as defined in the Contribution Agreement) in connection with the use of the Premises for the production of Joint Venture Products without first obtaining the prior consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Section 21.2 Pursuant to the Contribution Agreement, the Landlord may have transferred to, or made available for use by, the Tenant, certain Governmental Authorizations (as defined in the Contribution Agreement) required for the use and occupancy of, and conduct of the Business at, the Demised Premises. The Tenant shall obtain (to the extent not transferred or made available to the Tenant as provided above) and thereafter shall maintain in full force and effect, any permit, approval or license which is required by any governmental or nongovernmental agency or insurance regulatory body for the operation and maintenance of the Demised Premises and the use thereof in connection with the Business (including, without limitation, the Governmental Authorizations transferred to or made available to the Tenant pursuant to the Contribution Agreement), and shall promptly furnish the Landlord with a copy of same. The Tenant shall not use or allow the Premises or any part thereof to be used or occupied for any unlawful purpose. Section 21.3 In furtherance and not in limitation of the foregoing, the Tenant's use of the Premises and the Personal Property shall at all times be subject to the Landlord's reasonable health, safety and operating regulations and guidelines from time to time which are applicable to the Premises, the Personal Property and/or the Tenant's use thereof, to the extent the same have been furnished to the Tenant by the Landlord.

Appears in 2 contracts

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

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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, and shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during or after the Term as a result of Tenant’s breach of this Section. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall not be responsible for compliance with Applicable Laws for any work performed in the Premises by or at the direction of anyone other than a Tenant Party. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any ~~kind~~ kind, shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the ~~windowsills~~windowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. ~~Interior~~ For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Initial interior signs on ~~doors and~~ the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord; provided, however, that Tenant shall be responsible for all costs and expenses incurred by Landlord for any changes to Tenant’s listing in such directory tablet requested by Tenant from and after the Term Commencement Date (excluding any changes on account of improvements to the directory tablet initiated by Landlord). The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common ~~Areas~~ Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral or~~ unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the ~~Building~~ Premises or that record sounds or images outside the ~~Project~~Premises without Landlord’s prior written consent, which Landlord may withhold in its sole and absolute discretion. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, ; costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”)) from and after the Term Commencement Date, and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless ~~Landlord~~ from and against ~~any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements)~~ Claims arising out of any such failure of ~~such improvements~~ the Premises to comply with the ~~ADA~~ADA from and after the Term Commencement Date. ~~Notwithstanding~~ This Section (as well as any other provisions of this Lease dealing with indemnification of the ~~foregoing,~~ Landlord Indemnitees by Tenant) shall be ~~responsible for all liabilities, costs and expenses arising out of or~~ deemed to be modified in ~~connection with~~ each case by the ~~compliance~~ insertion in the appropriate place of the ~~existing structural portions and tenant improvements of the Premises as of the date of this Lease, the~~ following: “~~path of travel” into and within the Building (but not within the Premises,~~ except as ~~specifically described~~ otherwise provided in ~~this sentence) and the Project’s parking lots~~Mass. G.L. Ter. Ed., ~~walkways and landscaping areas with the ADA~~C. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times (subject to Landlord’s compliance with its obligation with respect to base Building HVAC systems under Sections 16.9 and 18.1 of this Lease). 12.13. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within thirty (30) days after demand for any costs incurred by Landlord pursuant to this Section. In the event that Landlord has not obtained the MWRA Permit by the Expense Trigger Date and Tenant is consequently not permitted to use the Acid Neutralization Tank, Landlord shall reimburse Tenant for the reasonable third-party out-of-pocket costs of wastewater disposal that are incurred by Tenant to dispose of wastewater in the absence of the MWRA Permit within thirty (30) days after the delivery to Landlord of invoices therefor by Tenant, which invoices shall be accompanied by supporting materials that are reasonably acceptable to Landlord; provided, however, that Landlord’s obligation to reimburse Tenant for such costs shall terminate from and after the date that Landlord subsequently secures the XXXX Xxxxxx.

Appears in 2 contracts

Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Use. ~~10.1.~~ Tenant shall use the Leased Premises for ~~the purpose set forth in Section 2.12~~general office purposes, and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ for ~~any~~ no other purpose without ~~Landlord’s~~ the prior written ~~consent, which~~ consent ~~Landlord may withhold in its sole and absolute discretion. 10.2~~of Landlord. Tenant ~~shall~~ will not use or occupy the Leased Premises ~~in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued~~ for ~~the Building~~any unlawful purpose, and ~~shall~~will comply with all present and future laws, ~~upon five (5) days’ written notice from Landlord~~ordinances, ~~discontinue any use~~ regulations, and orders of the United States of America, the state in which the Leased Premises ~~that is declared~~ are located, and all other governmental units or ~~claimed by any Governmental Authority~~ agencies having jurisdiction ~~to be a violation of any of~~ over the ~~above, or that in Landlord’s reasonable opinion violates any of~~ Property and the ~~above~~Leased Premises. Tenant ~~shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of~~ agrees to operate its business in the ~~nature of Tenant’s use or occupancy of~~ Leased Premises during the ~~Premises, impose any duty upon Tenant or Landlord with respect~~ entire Term and to ~~the Premises or with respect to the use or occupation thereof. 10.3~~conduct its business in a reputable manner. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any ~~nuisance or waste in,~~ outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, nor acts done, which will increase the existing rate of insurance upon the Building or cause the ~~Project. 10.10~~cancellation of any insurance policy covering the Building, or any part thereof. ~~Notwithstanding~~ Tenant shall not sell, or permit to be kept, used, in or about the Leased Premises, any ~~other provision herein~~ article, which may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the ~~contrary~~Leased Premises, of any insurance organization or company, necessary for the maintenance or reasonable fire and public liability insurance covering the Leased Premises, Building and appurtenances. Tenant shall ~~be responsible for all liabilities~~restrict the number of employees, ~~costs and expenses arising out of or~~ including temporary workers, permitted in ~~connection with~~ the ~~compliance of~~ Leased Premises to no more than allowed by the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq~~prevailing building code at any given time. ~~(together with regulations promulgated pursuant thereto, the “ADA”), and~~ Tenant shall ~~indemnify~~not place on any floor a load exceeding the floor load per square foot, ~~defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of~~ which such ~~improvements~~ floor was designed to ~~comply with the ADA~~carry. ~~Notwithstanding the foregoing,~~ Landlord shall ~~be responsible for all liabilities~~have the right to prescribe the weight, ~~costs~~ position and ~~expenses arising out~~ manner of ~~or in connection with the compliance~~ installation of ~~the existing structural portions~~ safes and ~~tenant improvements of the Premises as of the date of this Lease, the “path of travel” into~~ other heavy equipment and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefixtures.

Appears in 2 contracts

Samples: Standard Service Center Lease Agreement (Quality Systems Inc), Standard Service Center Lease Agreement (Quality Systems Inc)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of ~~any of the above, or that in Landlord’s reasonable opinion violates~~ any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. Landlord represents to Tenant as of the Effective Date that, to the best of Landlord’s knowledge, office and general laboratory uses are permitted in the Building under applicable zoning ordinances. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ~~Project~~Project applicable to the Tenant’s Improvements and Tenant’s use and occupancy of the Premises, and Tenant shall promptly, upon ~~demand~~demand (accompanied by reasonable supporting documentation evidencing that such increase is due to Tenant’s failure to comply with this Section), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. Landlord represents to Tenant as of the Effective Date, to the best of Landlord’s knowledge, the use and occupancy of the Premises for office and general laboratory uses will not invalidate or increase the cost of Landlord’s commercial property insurance covering the Building. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written ~~consent~~consent except as otherwise approved by Landlord in the Approved Plans (it being understood that Tenant intends to install a key-card access system to the Premises as depicted in the Approved Plans). Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings except as otherwise approved by Landlord in the Approved Plans (it being understood that certain windows in the Premises will require specialized window coverings as depicted in the Approved Plans). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. ~~Interior~~ For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage not removed by Tenant upon the expiration or earlier termination of the Lease. Notwithstanding the foregoing, building-standard interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant may place such equipment only in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure ~~or unreasonably annoy~~ them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, Wexford-UCSC Joint Venture, LLC, University City Science Center, Wexford Science & Technology, LLC, Wexford Development, LLC and Wexford Science Center 2, LLC, any lender, mortgagee or beneficiary (each, a “Lender”), the Association and their respective affiliates, employees, agents and contractors (all of the foregoing are collectively the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding~~ In addition, Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the ~~foregoing~~cost of, ADA Title III “path of travel” requirements triggered by alterations within the Premises made subsequent to the Actual Access Date by, or at the request of, Tenant. Except as provided in the preceding sentence, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the ~~existing structural portions~~ Building Common Areas and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectLandlord’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply Work with the ADA. The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12. In addition to the general requirements set forth above, Tenant shall not use, operate, maintain or alter the Premises, or allow or suffer the actions of third parties in their use, operation, maintenance or alteration of the Premises, so as to violate the Tax Credit Requirements, as defined and set forth below. (a) The terms that follow have the indicated definitions:

Appears in 2 contracts

Samples: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)

Use. ~~10.1. Tenant~~ Subtenant shall use the Sublease Premises solely for ~~the purpose set forth in Section 2.12~~general office use, dry laboratory (engineering), storage of dry goods only, research and development and other lawful uses reasonably related to or incidental to such specified uses, and otherwise subject to the terms and conditions of the Master Lease. Such permitted uses referred to in the immediately preceding sentence must be consistent with first class life sciences project in Redwood City, California and in compliance with, and subject to, applicable laws. As and where the phrases “Permitted Use” and/or “First Class Life Sciences Projects” is/are used in the Master Lease, the same shall be deemed to refer to the uses referred to in the first sentence of this Section 3.2. Subtenant shall not store or use any reagents in the Sublease Premises. Subtenant’s business shall be established and conducted throughout the term hereof in a first-class manner. Subtenant shall not use the ~~Premises~~Sublease Premises for, or carry on, or permit ~~or suffer the Premises~~ to be ~~used~~carried on, ~~for~~ any ~~other purpose without Landlord’s prior written consent~~offensive, ~~which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use~~ noisy or ~~occupy the Premises in violation of Applicable Laws; zoning ordinances;~~ dangerous trade, business, manufacture or ~~the certificate of occupancy issued for the Building~~occupation, ~~and shall, upon five (5) days’ written notice from Landlord, discontinue~~ nor permit any ~~use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction~~ auction sale to be ~~a violation of any of~~ held or conducted on or about the ~~above, or that in Landlord’s reasonable opinion violates any of the above~~Sublease Premises. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant Subtenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord within ten (10) days of Sublandlord’s demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the contrary contained in the Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in Section 5.3.1.1 of the Master Lease) on, in or about the ~~Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project~~Sublease Premises, or ~~injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain~~ transport or permit the transportation of any ~~nuisance~~ such Hazardous Materials to or ~~waste in, on or about~~ from the Sublease Premises, except for limited quantities used or stored at the ~~Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs~~ Sublease Premises and ~~expenses arising out of or~~ required in connection with the ~~compliance~~ routine cleaning and maintenance of the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)~~Sublease Premises, and ~~Tenant shall indemnify, defend~~ then only upon the written consent of Master Landlord and ~~hold harmless Landlord from~~ Sublandlord and ~~against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply~~ in compliance with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseapplicable laws.

Appears in 2 contracts

Samples: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Appears in 2 contracts

Samples: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)

Use. ~~10.1.~~ Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the ~~purpose set forth in Section 2.12, and~~ Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or ~~permit or suffer~~ restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be ~~used~~obligated (nor shall Landlord) to make any material capital improvements required by such laws, ~~for~~ ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any ~~other purpose without Landlord’s prior written consent~~capital improvement, ~~which consent Landlord may withhold~~ or series of capital improvements within any calendar year, costing in ~~its sole and absolute discretion. 10.2~~excess of $25,000. Tenant shall not use or ~~occupy~~ permit the ~~Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ use of the Premises in any manner that ~~is declared~~ will tend to create waste or ~~claimed by any Governmental Authority having jurisdiction to~~ a nuisance or, if there shall be ~~a violation of any~~ more than one tenant of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of building containing the Premises, ~~impose~~ which shall unreasonably disturb any ~~duty upon~~ other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or ~~Landlord with respect~~ warranty to Tenant as to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door suitability of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the ~~display~~ conduct of ~~the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering~~Tenant's business. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

Use. ~~10.1. Tenant~~ The Premises shall ~~use the Premises~~ be used solely for the ~~purpose~~ Permitted Use set forth in the basic lease provisions in Section ~~2.12~~1.1 of this Lease, and ~~shall not use~~ in compliance with all Legal Requirements now or hereafter applicable to the Premises, ~~or permit or suffer~~ and to the ~~Premises to be used~~use and occupancy thereof, ~~for any other purpose~~ including, without ~~Landlord’s prior written consent~~limitation, ~~which consent Landlord may withhold in its sole and absolute discretion. 10.2~~the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant ~~shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and~~ shall, upon ~~five (5)~~ 5 days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ 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 permit the Premises to be used for any of purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the ~~above~~insurance cost, or ~~that in Landlord’s reasonable opinion violates~~ cause the disallowance of any ~~of the above~~sprinkler or other credits. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord 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. 10.4~~Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant ~~shall keep all doors opening onto public corridors closed~~will use the Premises in a careful, ~~except when in use for ingress~~ safe and ~~egress. 10.5. No additional locks~~ proper manner and will not commit or ~~bolts of any kind shall be placed upon any~~ permit waste, overload the floor or structure of the ~~doors or windows by Tenant~~Premises, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of subject the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of to use that would damage the Premises or obstruct or interfere with the ~~Building without Landlord’s prior written consent; provided that Tenant shall have~~ rights of Landlord or other tenants or occupants of the ~~right to install a sign with its name and corporate logo~~ Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the ~~exterior of~~ Premises, or using or allowing the ~~Building, the size, appearance and characteristics of which shall~~ Premises to be ~~subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed~~ used for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8any unlawful purpose. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations ~~therefrom~~ from the Premises from extending into ~~the~~ Common ~~Areas~~ Areas, or other ~~offices~~ space in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9Project. Tenant shall ~~not (a) do or permit anything to be done in or about~~ not, without the prior written consent of Landlord use the Premises ~~that shall~~ in any ~~way obstruct~~ manner which will require ventilation, air exchange, heating, gas, steam, electricity or ~~interfere~~ 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 are required by Legal Requirements (including, without limitation, compliance of the Premises with the ~~rights of other tenants~~ ADA) related to Tenant’s use or ~~occupants~~ occupancy of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises~~, the Building or the Project. 10.10~~. 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 ~~and expenses~~ of suit) (collectively, “Claims”) arising out of or in connection with ~~the compliance~~ Legal Requirements related to Tenant’s use or occupancy of the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”)~~Premises, and Tenant shall indemnify, ~~defend~~ defend, hold and ~~hold~~ save Landlord harmless ~~Landlord~~ from and against any ~~loss, cost, liability or expense (including reasonable attorneys’ fees~~ and ~~disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for~~ all ~~liabilities, costs and expenses~~ Claims arising out of or in connection with ~~the compliance of the existing structural portions and tenant improvements~~ any failure of the Premises ~~as of~~ to comply with any Legal Requirement (to the ~~date of this Lease,~~ extent that such Claims do not arise from the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of ~~Landlord~~ Landlord’s Work to ~~make such aspects of the Project~~ comply with ~~the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~any Legal Requirements).

Appears in 2 contracts

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

Use. ~~10.1~~Premises -------- The Premises shall be used only for the permitted Use as stated in the Basic Lease Information. ~~Tenant shall~~ No other use of the Premises ~~for the purpose set forth in Section 2.12~~may be made without Landlord's prior written approval, ~~and~~ which shall be granted or 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~~Premises to receive, store, or ~~permit~~ handle any product, material, or ~~suffer~~ merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all laws applicable to the ~~Premises to be used~~Use, ~~for any other purpose without Landlord’s prior written consent~~occupancy, ~~which consent Landlord may withhold in its sole~~ and ~~absolute discretion. 10.2~~condition of the Premises. Tenant shall not ~~use~~ permit any objectionable or ~~occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building~~unpleasant odors, ~~and shall~~smoke, ~~upon five (5) days’ written notice from Landlord~~dust, ~~discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above~~gas, light, noise, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, ~~impose any duty upon Tenant~~ unreasonably interfere with, or endanger Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, person; nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ any purpose or ~~unlawful~~ in any manner that would 1) void any insurance on the Premises or the Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred 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, ~~nor~~ and not for personal, family, or household purposes. Parking Areas ------------- Tenant and its employees and invitees shall ~~Tenant knowingly cause~~have the non-exclusive right to use, ~~maintain or permit~~ in common with others, any ~~nuisance or waste in~~parking areas associated with the Premises which Landlord may from time-to-time designate for such use, ~~on or about~~ at an allocation of no less than one parking spaces per 1500 square feet of the Premises, ~~the Building or the Project. 10.10~~subject to 1) such reasonable rules and regulations as Landlord may promulgate from time to time, and 2) rights of ingress and egress of other tenants and their employees, agents, and invitees. ~~Notwithstanding any other provision herein to the contrary, Tenant~~ Landlord shall not be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and enforcing Tenant's parking rights against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasethird parties.

Appears in 2 contracts

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

Use. ~~10.1.~~ Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the ~~purpose~~ Permitted Use in accordance with applicable Law and all insurance requirements. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in ~~Section 2.12~~Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the ~~Premises~~Premises for a “call center”, any other telemarketing use, or ~~permit or suffer~~ any credit processing use. In addition, the Premises to shall not be ~~used,~~ used for any ~~other~~ purpose ~~without Landlord’s prior written consent~~which creates strong, unusual, or offensive odors, fumes, dust or vapors; which ~~consent Landlord may withhold in its sole and absolute discretion. 10.2~~emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall not use or ~~occupy~~ permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Premises other than such materials and in ~~violation~~ such quantities which are normal and customary in office space of ~~Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building,~~ this type and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in ~~Landlord’s reasonable opinion violates any of the above~~compliance with all applicable Laws and insurance requirements. Tenant shall ~~comply~~ conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with ~~any direction of any Governmental Authority having jurisdiction that shall, by reason~~ other tenants or Landlord in its management of the ~~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. 10.3~~Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises ~~so as to reasonably prevent sounds~~ any activity, or ~~vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not~~ place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building~~ or the ~~Project~~Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or ~~injure~~ any act or ~~unreasonably annoy them~~omission by Tenant, or ~~(b) use~~ its agents, employees, representatives, or ~~allow~~ contractors, such statement or threat shall be conclusive evidence that the ~~Premises~~ increase in such rate is due to ~~be used for immoral~~ such act of Tenant or ~~unlawful purposes, nor shall Tenant knowingly cause, maintain~~ the contents or ~~permit any nuisance or waste in, on~~ equipment in or about the Premises, ~~the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary~~and, as a result thereof, Tenant shall be ~~responsible~~ liable for ~~all liabilities, costs~~ such increase and ~~expenses arising out of or in connection~~ shall be considered Additional Rent payable with the ~~compliance~~ next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into ~~and within~~ the Building ~~(but not within the Premises~~any dangerous, ~~except as specifically described in this sentence) and the Project’s parking lots~~noxious, ~~walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability~~ radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

Use. ~~10.1. Tenant~~ (a) The Premises shall ~~use the Premises~~ be used for ~~the purpose set forth in Section 2.12~~general office, administrative, call center use, storage and ~~shall not use the Premises, or permit or suffer the Premises to be used, for any~~ all other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five legal uses (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3~~Use”). Tenant shall not do or permit to be done ~~anything that will invalidate~~ in or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of about the Premises or the Building ~~without Landlord’s prior written consent; provided that Tenant shall have~~ anything which is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the ~~right to install~~ standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises or the Building or any of its contents, or cause a ~~sign with~~ cancellation of any insurance policy covering the Premises or the Building or any part thereof or any of its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlycontents. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants ~~or occupants of~~ in the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use or allow the Premises or the Building to be used for any immoral or unlawful ~~purposes~~purpose, nor shall Tenant ~~knowingly~~ cause, maintain or permit any ~~nuisance~~ nuisance, in, on or about the Premises or the Building or commit or suffer to be committed any waste in, on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with Tenants’ permitted use of the Premises, . Tenant shall have access to the Building ~~or the Project. 10.10~~and Premises on a 24 hour/7 day a week basis. ~~Notwithstanding any other provision herein to the contrary~~Building hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., except holidays. Tenant shall be responsible for ~~all liabilities~~and shall pay for any increased building security costs, HVAC costs and ~~expenses arising out~~ utilities due to Tenant’s occupancy and the operation of or HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that Tenant shall have the right to audit such costs in the same manner as Tenant’s right to audit Operating Expenses pursuant to Article 7 of this Lease. (b) Tenant shall not use the name of the Building in which the Premises are located, in connection with any business carried on in the ~~compliance~~ Premises (except as Tenant’s address) without written consent of Landlord. (c) Tenant shall not manufacture, assemble or store materials inside the Common Areas outside of Building. (d) Hazardous material. Tenant shall not bring or permit its agents, employees or contractors to bring on the Premises any asbestos, lead, PCBs, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local law or regulation, excluding normal office and janitorial supplies (“Hazardous Materials”) unless licensed by the state of Utah and approved by Landlord. Tenant’s violation of the ~~Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”),~~ foregoing prohibition shall constitute a material breach and Tenant Event of Default under Section 18 of this Lease Tenant shall indemnify, ~~defend and~~ hold harmless and defend Landlord from and against any ~~loss~~claims, ~~cost~~damages, ~~liability or expense~~ penalties, liabilities, and costs (including reasonable attorneys’ fees and ~~disbursements~~court costs) caused by or arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance (i) a violation of the ~~existing structural portions~~ foregoing prohibition or (ii) the use or any release of any Hazardous Materials by Tenant or its agents, employees, contractors, or customers on, under, or about the Premises during Tenant’s occupancy or control of the Premises. Tenant shall clean up, remove, remediate and ~~tenant improvements~~ repair any soil or ground water contamination and damage caused by the presence or release by Tenant or its agents, employees, contractors, or customers of any Hazardous Materials in, on, under, or about the Premises during Tenant’s occupancy of the Premises as in conformance with the requirements of applicable law. Tenant shall immediately give Landlord written notice of any suspected breach of this Paragraph, upon learning of the ~~date~~ presence or any release of ~~this Lease~~any Hazardous Materials, ~~the “path of travel” into~~ and ~~within the Building (but not within~~ upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The ~~provisions~~ obligations of ~~this Section 10.10~~ Tenant hereunder shall survive the expiration or earlier ~~termination~~ termination, for any reason, of this Lease.

Appears in 2 contracts

Samples: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)

Use. ~~10.1.~~ Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the ~~purpose~~ Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (250) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in ~~Section 2.12~~Exhibit B), ~~and shall not~~ other than compliance that is necessitated by the use ~~the Premises, or permit or suffer~~ of the Premises to for other than the Permitted Use or as a result of any Alterations made by Tenant (which risk and responsibility shall be ~~used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any ~~use~~ substantial portion of the Premises ~~that is declared or claimed by~~ for a “call center”, any ~~Governmental Authority having jurisdiction to be a violation of any of the above~~other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that ~~in Landlord’s reasonable opinion violates any of the above~~are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall ~~comply~~ conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with ~~any direction of any Governmental Authority having jurisdiction that shall, by reason~~ other tenants or Landlord in its management of the ~~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. 10.3~~Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises ~~so as to reasonably prevent sounds~~ any activity, or ~~vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not~~ place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building~~ or the ~~Project~~Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or ~~injure~~ any act or ~~unreasonably annoy them~~omission by Tenant, or ~~(b) use~~ its agents, employees, representatives, or ~~allow~~ contractors, such statement or threat shall be conclusive evidence that the ~~Premises~~ increase in such rate is due to ~~be used for immoral~~ such act of Tenant or ~~unlawful purposes, nor shall Tenant knowingly cause, maintain~~ the contents or ~~permit any nuisance or waste in, on~~ equipment in or about the Premises, ~~the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary~~and, as a result thereof, Tenant shall be ~~responsible~~ liable for ~~all liabilities, costs~~ such increase and ~~expenses arising out of or in connection~~ such increase shall be considered Additional Rent payable with the ~~compliance~~ next monthly installment of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the ~~“path of travel”~~ Premises or brought into ~~and within~~ the Building ~~(but not within the Premises~~any dangerous, ~~except as specifically described in this sentence) and the Project’s parking lots~~noxious, ~~walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability~~ radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Use. ~~10.1~~The Demised Premises shall be used and occupied by Tenant solely for the purposes of medical products manufacturing, associated warehousing and general office/R&D uses, and any other lawful purpose to which Landlord consents in writing (which consent will not be unreasonably withheld), so long as such use is in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Property. Tenant shall ~~use~~ occupy the ~~Premises for the purpose set forth in Section 2.12, and shall not use the~~ Demised Premises, or conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable and will not permit or ~~suffer the Premises to be used~~create any nuisance, ~~for~~ noise, odor, or otherwise interfere with, annoy or disturb any other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold~~ tenant in the Building in its ~~sole and absolute discretion. 10.2. Tenant shall not use~~ normal business operations or ~~occupy the Premises~~ Landlord in ~~violation~~ its management of ~~Applicable Laws; zoning ordinances; or the certificate of occupancy issued for~~ the Building~~, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ . Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Property, provided that ~~is declared or claimed by any Governmental Authority having jurisdiction to be a violation~~ such rules and regulations do not unreasonably interfere with Tenant's lawful use of the Demised Premises. Outside storage on the Property of any type of equipment, property or materials owned or used on the ~~above,~~ Property by Tenant or ~~that in Landlord’s reasonable opinion violates any of the above~~its customers and suppliers shall not be permitted. Tenant shall comply with all federal, state and municipal laws, ordinances, standards and regulations in effect from time to time governing the operation of Tenant's business including but not limited to federal regulations on occupational exposure to bloodborne pathogens (29 CFR ss. 1910.1030) and ionizing radiation (29 CFR ss. 1910.1096); any ~~direction~~ applicable Standards of Practice promulgated by the Centers for Disease Control; and all laws, ordinances, standards and regulations governing the transportation, use, storage and disposal of infectious or potentially infectious substances and wastes. Notwithstanding anything in this Lease to the contrary, Tenant, and not Landlord, shall be responsible and shall pay for all costs of segregating, packaging, treating, transporting and disposing of all infectious waste (if any) generated by Tenant, its employees, agents, invitees and visitors at or from the Property. All infectious waste shall be identified, segregated, measured, stored and disposed of by Tenant in a manner that complies with all federal, state and local laws, ordinances, standards and regulations applicable to infectious waste. None of the Common Areas may be used by Tenant for the storage or disposal of infectious waste. As used herein, "infectious waste" means any infectious waste or pathological waste as defined by Minn. Rules ss. 7035.9110, subpp. 10, 16, any infectious substance, biological product, diagnostic specimen or regulated medical waste as defined by 49 CFR ss. 173.134, or any other substance defined or regulated by any of said applicable laws, ordinances, standards or regulations as an infectious waste, pathological waste, etiologic agent, hospital waste, medical waste, regulated waste, sterilized waste, or mixed waste. Tenant will indemnify and defend Landlord against all damages, penalties, or other charges or costs (including reasonable attorney's fees) imposed or incurred in connection with any violation or alleged violation of any ~~Governmental Authority having jurisdiction that shall~~such applicable laws, ordinances, standards and regulations whether occasioned by ~~reason of~~ Tenant, its agents, employees, invitees and visitors or any other persons using or present upon the ~~nature of~~ Demised Premises; and Tenant will indemnify and defend Landlord against all liability (including reasonable attorney's fees) for damages to any person due to communicable diseases caused or allegedly caused by any act, event, condition, matter or thing occurring, existing, or failing to occur or exist in connection with Tenant~~’s use or~~ 's occupancy of the Demised Premises~~, impose any duty upon Tenant~~ . The foregoing indemnities shall survive expiration or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease~~, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant~~. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.ACCESS TO DEMISED PREMISES:

Appears in 2 contracts

Samples: Office/Warehouse Lease (Possis Medical Inc), Office/Warehouse Lease (Possis Medical Inc)

Use. ~~10.1~~9.1. Tenant shall use the Premises for the ~~purpose~~ purposes set forth in Section ~~2.12~~2.7 (or any one, or any combination of, such purposes), and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~9.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ if such use is in violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of the any Alterations to the Premises): (a) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any orders, regulations, directions, rules, laws, ordinances or requirement that it is contesting in ~~Landlord’s reasonable opinion violates any of the above. Tenant shall comply~~ accordance with this Section 9.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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 comply with all safety, fire protection and evacuation procedures and regulations established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. ~~10.3~~9.3. Tenant shall not do or permit to be done anything that will invalidate ~~or increase~~ the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and the Project~~Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building and the Project~~Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent9.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~9.5. No awnings or other projections shall be attached to any outside wall of the ~~Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used~~ Building in ~~connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior~~ violation of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentApplicable Laws. ~~10.7~~9.6. ~~No sign~~Tenant shall, ~~advertisement or notice shall be exhibited~~at Tenant’s sole cost and expense, ~~painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall~~ have the right to install ~~a sign with its name and corporate logo~~ legally permitted signage on the ~~exterior of the Building~~Premises (including any building thereon) (“Signage”), ~~the size, appearance and characteristics of~~ which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. ~~Interior signs on doors~~ Tenant shall keep the Signage in good condition and ~~the directory tablet~~ repair. The size, design, and other physical aspects of any sign shall be ~~inscribed~~subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the permitting, installation, maintenance and removal thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), or if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Building and any other portions of the Building that Landlord reasonably determines in good faith shall be painted ~~or affixed~~ so that repainting the damaged portion of the Building does not adversely affect the visual appearance of the Building, if required by Landlord), Landlord may do so at Tenant’s expense. Tenant shall reimburse Landlord within twenty (20) days after written demand for ~~Tenant~~ all reasonable costs incurred by Landlord to effect such maintenance, removal or repair, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to such existing signage, so long as such repairs and replacements: (a) are consistent with the size, design, quality and other physical aspects of the existing signage, (b) are in compliance with Applicable Laws, (c) are paid for at Tenant’s sole cost and expense, and ~~shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for~~ (d) do not adversely affect the ~~display~~ visual appearance of the ~~name~~ Building. In addition, Tenant shall have the right to incorporate its company logo and ~~location~~ trademarks as part of ~~tenants only~~the design of its Signage. 9.7. Tenant shall ~~not~~ only place ~~anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Building, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof. ~~10.9~~9.8. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ unlawful purposes or ~~unlawful purposes, nor shall Tenant knowingly~~ (b) cause, maintain or permit any ~~nuisance or~~ waste in, on or about the Premises~~, the Building or the Project~~. ~~10.10~~9.9. Notwithstanding any other provision herein to the ~~contrary~~contrary but subject to Section 9.2 hereof, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance during the Term of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Arena Pharmaceuticals Inc), Lease (Arena Pharmaceuticals Inc)

Use. ~~10.1.~~ Tenant shall use the Premises for only the ~~purpose set forth~~ following use and purpose: general office purposes. Contemporaneously with the execution of this Lease, Tenant shall provide Landlord with a letter in ~~Section 2.12,~~ the form of Exhibit B attached hereto and ~~shall not~~ made a part hereof. Tenant acknowledges that Tenant has determined and verified that such use is permitted by applicable zoning and other laws. Landlord will obtain an occupancy permit from the City of Middleburg Heights for Tenant’s use of the Premises~~, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~. Tenant shall ~~not~~ use or and occupy the Premises in ~~violation of Applicable Laws; zoning ordinances;~~ a safe and careful manner, without committing or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Projectpermitting waste, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, conform to and ~~shall be~~ obey all laws, ordinances, rules, regulations and orders of ~~a size, color~~ any governmental bodies having jurisdiction over the Premises applicable to the use and ~~type acceptable to Landlord. The directory tablet shall be provided exclusively for the display~~ occupancy of the ~~name~~ Premises and ~~location of tenants only. Tenant shall not place anything~~ any repairs or work performed on the ~~exterior~~ Premises by Tenant or at the request of ~~the corridor walls or corridor doors other than Landlord~~Tenant. If Tenant’s ~~standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in~~ activities on the Premises ~~so as~~ produce gases, vapors, odors, smoke or residuary material disturbing to ~~reasonably prevent sounds~~ Landlord or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of Landlord’s Property, then upon Landlord’s request, Tenant shall immediately cease such activity or install ventilating or other equipment sufficient, in Landlord’s reasonable judgment, to eliminate the ~~Building~~ disturbance. If Tenant’s use of the Premises increases the cost of Landlord’s Insurance (as hereinafter defined) with respect to Landlord’s Property or the ~~Project~~cost of insurance for any other tenant of Landlord’s Property, then Tenant shall reimburse Landlord or such other tenant, as the case may be, for such additional cost upon demand. Tenant shall not display or store any merchandise outside of the Premises or in any way obstruct the sidewalks adjacent thereto, or ~~injure~~ burn or ~~unreasonably annoy them~~place garbage, rubbish, trash, merchandise, containers or any other items outside of the Premises, except in suitable containers therefor in the areas designated for rubbish removal by Landlord. Unless Landlord provides rubbish removal services, in which event Tenant shall reimburse Landlord for the cost thereof within ten (b10) ~~use or allow~~ days after demand, Tenant shall, at its sole cost and expense, provide for the removal of its rubbish as and when necessary as required to keep the Premises in a clean, safe and healthy condition, but in any event at least one (1) time per week. If Tenant fails to provide for the removal of its rubbish, then Landlord may cause the same to be removed and Tenant shall reimburse Landlord for the cost thereof immediately upon demand. Tenant will not permit the Premises to be vacant or abandoned or be used ~~for immoral~~ in any way which may be a nuisance, annoyance or ~~unlawful purposes, nor shall Tenant knowingly cause, maintain~~ inconvenience or ~~permit any nuisance~~ which may result in damage to Landlord or ~~waste in, on or about the Premises, the Building or the Project~~other tenants of Landlord’s Property. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (U-Store-It Trust), Lease (U-Store-It Trust)

Use. ~~10.1.~~ Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the ~~purpose~~ Permitted Use in accordance with applicable Law. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in ~~Section 2.12~~Exhibit C), ~~and shall not~~ other than compliance that is necessitated by the use ~~the Premises, or permit or suffer~~ of the Premises to for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be ~~used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any ~~use~~ substantial portion of the Premises ~~that is declared or claimed by~~ for a “call center”, any ~~Governmental Authority having jurisdiction to be a violation of any of the above~~other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that ~~in Landlord’s reasonable opinion violates any of the above~~are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall ~~comply~~ conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with ~~any direction of any Governmental Authority having jurisdiction that shall, by reason~~ other tenants or Landlord in its management of the ~~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. 10.3~~Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises ~~so as to reasonably prevent sounds~~ any activity, or ~~vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not~~ place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building~~ or the ~~Project~~Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. if any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or ~~injure~~ any act or ~~unreasonably annoy them~~omission by Tenant, or ~~(b) use~~ its agents, employees, representatives, or ~~allow~~ contractors, such statement or threat shall be conclusive evidence that the ~~Premises~~ increase in such rate is due to ~~be used for immoral~~ such act of Tenant or ~~unlawful purposes, nor shall Tenant knowingly cause, maintain~~ the contents or ~~permit any nuisance or waste in, on~~ equipment in or about the Premises, ~~the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary~~and, as a result thereof, Tenant shall be ~~responsible~~ liable for ~~all liabilities, costs~~ such increase and ~~expenses arising out of or in connection~~ shall be considered Additional Rent payable with the ~~compliance~~ next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into ~~and within~~ the Building ~~(but not within the Premises~~any dangerous, ~~except as specifically described in this sentence) and the Project’s parking lots~~noxious, ~~walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability~~ radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Use. ~~10.1. Tenant~~ (a) The Site shall ~~use the Premises~~ be used only for the ~~purpose~~ placement of the Home and for a private residence in the Home for all named Tenants and all named minor dependents of Tenant as set forth ~~in Section 2.12,~~ on Tenant's application and this Rental Agreement. Any person other than listed on the Rental Agreement shall ~~not use~~ be considered a guest. Without the ~~Premises, or permit or suffer the Premises to be used, for any other purpose without~~ Landlord’s ~~prior~~ written consent, ~~which consent~~ any guest's stay shall not exceed a total of fourteen days within any twelve-month period commencing with the first day of the guest’s presence. If Landlord ~~may withhold in its sole and absolute discretion.~~grants written permission to extend the stay beyond fourteen days, Tenant shall pay ~~10.2.~~ (b) Tenant shall not use or ~~occupy~~ permit the ~~Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ use of the ~~Premises~~ Site for (1) any business enterprise including daycare unless authorized in writing by Landlord, (2) any unlawful purpose, or (3) any purpose that ~~is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any~~ will adversely affect reputation of the ~~above~~Landlord, the Community or its residents. (c) Tenant shall not use or keep in, on, or ~~that in Landlord’s reasonable opinion violates any~~ about the Site anything which would adversely affect insurance coverage of the ~~above.~~ Home or the Community. (d) Tenant shall ~~comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of~~ not make excessive noise or engage in activities which unduly disturb neighbors or other Tenants within the ~~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. 10.3~~Community. Tenant shall not do disturb either the Landlord’s or ~~permit~~ other Tenant’s right to ~~be done anything that will invalidate or increase~~ the ~~cost of any fire, environmental, extended coverage or any other insurance policy covering the Building~~ use and ~~the Project, and shall comply with all rules, orders, regulations and requirements~~ enjoyment of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Sectionproperty or create a nuisance. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. (e) Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done keep in or about the ~~Premises that~~ Site any pet unless specifically approved in writing by Landlord and registered with the Community management. Landlord will administer this paragraph in conformance with Xxxxxx’s rights under the American’s with Disabilities Act, Fair Housing Act and Wisconsin’s Open Housing Law. (f) Tenant shall in ~~any way obstruct or interfere~~ every respect comply with the ~~rights of other tenants or occupants~~ ordinances of the ~~Building or~~ municipality in which the ~~Project~~Site is located and shall obey all lawful orders, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10rules and regulations of all governmental authorities. ~~Notwithstanding any other provision herein to the contrary,~~ Tenant shall be responsible for ~~all liabilities, costs and expenses arising out~~ any fines or other charges imposed on the manufactured home community or imposed by any level of ~~or in connection with the compliance~~ government as a result of the ~~Premises~~ Tenant’s actions or inactions. (g) Tenant shall not attach or affix anything to the exterior of the Home or construct any accessory structure on the Site, including any garage, shed, broadcast antennae greater than twelve feet high, satellite dish with a diameter greater than one-meter, solar panel or wind turbine, exterior wood burning furnace or similar heating source, or other device without the ~~Americans~~ prior written consent of Landlord. If Landlord consents, work shall be done in accordance with ~~Disabilities Act, 42 U.S.C. § 12101, et seq~~all applicable codes and regulations. Tenant shall not make any change to the exterior color of the Home or to any accessory structure on the Site without the prior written consent of Landlord. Tenant acknowledges that most construction requires a building permit. Tenant will obtain all required permits. The Site as described ends at the roof line. The Rental Agreement does not include an easement for light or solar access as this matter is specifically reserved by Landlord. (~~together with regulations promulgated pursuant thereto,~~ h) Any accessory building that is not affixed to the ~~“ADA”),~~ ground is considered personal property and Tenant shall ~~indemnify~~remove the accessory building upon removal of the Home unless there is a separate agreement to the contrary. If the accessory building is affixed to the ground, ~~defend~~ it is considered a fixture and ~~hold harmless~~ shall not be removed and becomes property of Landlord ~~from and against any loss~~when Tenant vacates. (i) Tenant shall, ~~cost~~within 15 days after the installation of the Home on the Site, ~~liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ install a "skirt" around the full perimeter of ~~any failure of such improvements to comply~~ the Home which shall be first approved by Landlord. Skirting around the Home shall be properly maintained by Tenant during the entire Rental Agreement term in accordance with the ~~ADA~~standards at the time of original installation. (j) Home shall be installed by a licensed and insured installer to applicable state standards. (k) Except as otherwise stated in this paragraph, Tenant shall not cause or permit any flammable or explosive material, oil, radioactive material or hazardous or toxic waste or substance to be brought upon, used, stored or dumped on the Site or the Community. ~~Notwithstanding the foregoing, Landlord~~ Tenant shall be responsible for ~~all liabilities~~any required repair, ~~costs and expenses arising out of~~ clean-up or ~~in connection with the compliance~~ detoxification of the ~~existing structural portions~~ Site caused by Tenant and ~~tenant improvements~~ shall indemnify Landlord from any liability, claim or expense. Proper use and storage of ~~the Premises as of the date of this Lease~~gasoline, ~~the “path of travel” into and within the Building (but not within the Premises~~gas cans, ~~except as specifically described in this sentence) and the Project’s parking lots~~oil, ~~walkways and landscaping areas with the ADA~~lighter fluid, ~~and Landlord shall indemnify~~other flammables, ~~defend and hold harmless Tenant from and against any loss, cost, liability~~ or ~~expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA~~LP tanks is required. The ~~provisions of this Section 10.10~~ foregoing covenant and indemnity shall survive the ~~expiration or earlier~~ termination of this ~~Lease~~Rental Agreement. (l) Upon the termination of this Rental Agreement, all trees, shrubs and plants placed upon the Site by Tenant and all additions and improvements to the Site by Tenant shall remain upon the Site and shall be the property of Landlord unless there is a separate written agreement to the contrary. (m) The Rental Agreement is predicated upon an agreement between Landlord and Tenant(s) regarding who owns and occupies the home; therefore, Tenant shall not either intentionally or unintentionally alter or change the identity of, or increase or decrease the number of occupant(s) and/or owners of the Home from those who were listed on the initial or any subsequent Rental Agreement. Written approval of Landlord is needed prior to any change in ownership or occupancy of the Home.

Appears in 1 contract

Samples: Residential Rental Agreement

Use. ~~10.1.~~ 10.1 Tenant shall use the First Floor Premises solely for general office use consistent with a first-class suburban, science park office building and Tenant shall not use or permit the First Floor Premises to be used for any other purpose or purposes whatsoever without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, exercised in good faith. With regard to the Third Floor Premises, Tenant may use the Third Floor Premises for any of those purposes, and only those purposes, allowed by (i) the ~~purpose set forth~~ City of San Diego Scientific Research Zone Ordinance in effect from time to time and as applicable to the Third Floor Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Project, and (iii) all covenants, conditions and restrictions in the Project Documents (defined in the following Section ~~2.12~~10.2) or otherwise recorded against the Project, and shall not use the Third Floor Premises, or permit or suffer the Third Floor Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord, which consent may be withheld in Landlord’s sole discretion, exercised in good faith. Landlord acknowledges that Tenant’s activities may ~~withhold~~ include scientific research and development pertaining to pharmaceuticals (including radio-active materials and other regulated substances), corporate and other office space, ancillary manufacturing capabilities, and a vivarium, subject to the terms, conditions and restrictions set forth in Article 33. Tenant may change the use of the Third Floor Premises from time to time as long as such changed use is authorized by this Section 10.1, such use is legally permissible, and Tenant first obtains the written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, exercised in good faith. Tenant shall be responsible, at its sole cost and ~~absolute discretion~~expense, for obtaining all operating permits, licenses and governmental approvals necessary for the operation of the uses permitted hereunder (the “Permitted Uses”) from the Premises and for determining that the Premises and Building are suitable for the Permitted Use. Tenant shall deliver copies of all such operating permits, licenses and governmental approvals to Landlord prior to using the Premises for any purpose for which any such permit, license or approval is required and upon any renewal or replacement thereof. ~~10.2~~10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, regulations, requirements, permits and approvals applicable to the Premises, and the Project Documents described below. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws; zoning~~ any law or regulation. Tenant shall immediately deliver to Landlord copies of all written notices pertaining to any alleged violation of federal, state or local laws, regulations, ordinances; , requirements, permits, approvals or ~~the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue~~ any ~~use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a~~ alleged violation of any of the ~~above, or that in Landlord’s reasonable opinion violates any of the above~~Project Documents. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the 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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. This Lease, and any sublease or assignment entered into by Tenant under the provisions of this Lease, shall be subject and subordinate to any of the Project Documents affecting the Property which may be amended or modified from time to time in a manner consistent. with the terms and intent of such Project Documents. The “Project Documents” include the Hazardous Material Documents, as such are defined in Section 33.4, as they may be amended from time to time. ~~10.3.~~ 10.3 Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or increase the cost of any fire, ~~environmental,~~ extended coverage or any other insurance policy covering the ~~Building~~ Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and ~~the Project~~conditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building~~ Premises. 10.4 Subject to the terms of the Tenant Work Letter attached hereto as Exhibit B, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the ~~Project~~regulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall ~~promptly~~be exclusively that of Tenant and not of Landlord (subject, ~~upon demand~~however, ~~reimburse Landlord~~ to the terms of Section 1.1 of the Tenant Work Letter), including any duty to make structural or capital improvements (as set forth in Section 7.2 above), alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for ~~any additional premium charged for~~ the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17 of this Lease; provided, that Landlord’s consent to such ~~policy by reason~~ alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s ~~failure to~~ responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this ~~Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind~~ Lease shall be ~~placed upon any~~ construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until Landlord or Tenant has received written notice of the ~~doors~~ need for such capital improvements, alterations, repairs or ~~windows by Tenant~~replacements from a court of law exercising proper jurisdiction with regard thereto, ~~nor shall~~ or from any ~~changes be made to existing locks or~~ government entity. Notwithstanding the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostforegoing, Tenant shall ~~pay~~ have the right to object to and defend against any such notice from a governmental entity, provided that (a) Tenant has good faith belief that such improvements, alterations, repairs or replacements are unnecessary and not required to comply with ADA and (b) Tenant agrees to indemnify and defend Landlord ~~the cost~~ against and save Landlord harmless from all demands, claims, causes of ~~replacing~~ action and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), relating to Tenant’s objection or ~~of changing the lock or locks opened by~~ defense against any such ~~lost key if Landlord shall deem it necessary to make such change~~notice from a governmental entity. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. 10.5 No sign, ~~advertisement~~ advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises which is visible from outside the Building, or ~~the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on~~ any part of the exterior of the ~~Building~~Building or elsewhere in the Premises, without the ~~size~~prior written consent of Landlord, ~~appearance~~ which consent may be withheld in Landlord’s reasonable discretion. The expense of design, permits, purchase and ~~characteristics~~ installation of ~~which~~ any signs shall be ~~subject to Landlord’s prior written consent. Interior signs on doors~~ the responsibility of Tenant and the ~~directory tablet~~ cost thereof shall be ~~inscribed~~borne by Tenant. Tenant’s identifying signage shall be provided by Landlord, ~~painted or affixed for Tenant by Landlord~~ at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approvalcost, and such signage shall be comparable to that used by Landlord for other similar floors in the Building and shall comply with Landlord’s Building standard signage program. At the termination of the Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, subject to the provisions of Article 28. 10.6 No equipment shall be placed in at a location within the Building other than a location designed to carry the ~~weight~~ load of ~~such~~ the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. ~~10.9.~~ 10.7 Tenant covenants and agrees that Tenant shall not ~~(a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project~~use, or ~~injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain~~ suffer or permit any ~~nuisance~~ person or ~~waste in, on or about the Premises~~persons to use, the ~~Building~~ Premises or ~~the Project. 10.10. Notwithstanding~~ any ~~other provision herein~~ part thereof for any use or purpose contrary to the ~~contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance~~ provisions of the ~~Premises with the Americans with Disabilities Act~~rules and regulations set forth in Exhibit D, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseattached hereto.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ , which consent shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building~~not be unreasonably withheld, ~~the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent~~conditioned or delayed. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Notwithstanding the foregoing, Tenant shall be entitled to Tenant’s Pro Rata Share of building signage consistent in quality with that of other tenants, and, subject to (a) Landlord’s prior written approval, which Landlord shall not unreasonably withhold, condition or delay, and (b) the requirements of Applicable Laws. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (CardioVascular BioTherapeutics, Inc.)

Use. ~~10.1.~~ Tenant shall use the Premises for ~~the purpose set forth in Section 2.12~~general office purposes and purposes incident thereto, and all other lawful non-retail uses compatible with a first-class headquarters office building, and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord (except that retail uses may be made of the ground floor by Carnation Company with respect to its business operations and products). In addition, ~~which consent Landlord~~ retail uses may ~~withhold~~ be made of the ground floor by an assignee or sublessees of Tenant provided such uses are consistent with ground floor uses permitted by other first-class institutional quality prestige office buildings in ~~its sole and absolute discretion. 10.2~~the Glendale-Pasadena area. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any recorded covenants, conditions and restrictions affecting the Site or of any law or of the ~~certificate~~ Certificate of ~~occupancy~~ Occupancy, or TCO or its equivalent, issued for the ~~Building~~Building of which the Premises are a part, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of ~~the above~~any law or of said Certificate of Occupancy, or ~~that~~ TCO or its equivalent. Tenant shall not interfere with radio or television broadcasting or reception from or in ~~Landlord’s reasonable opinion violates any of~~ the ~~above~~Building or elsewhere. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the 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~~. 10.3~~. Tenant shall not do or permit to be done anything ~~that~~ which will invalidate ~~or increase~~ the cost of any fire~~, environmental~~, extended coverage or any other insurance policy covering the Building ~~and the Project,~~ and/or property located therein and shall comply with all rules, orders, regulations and requirements of the ~~insurers of the Building and the Project, and~~ Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall ~~promptly, upon demand,~~ promptly within ten (10) days after demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section. 10.4. Tenant shall keep all doors opening onto public corridors closed~~Section 8, ~~except when in~~ or if Tenant’s use ~~for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of~~ does not invalidate, but instead increases the ~~doors or windows by Tenant~~cost of, ~~nor shall any changes be made to existing locks or~~ the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lostinsurance, Tenant shall pay ~~to Landlord the cost of replacing the same or of changing the lock or locks opened by~~ for such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyincreased cost. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ which will in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure or ~~unreasonably~~ annoy them, or ~~(b)~~ use or allow the Premises to be used for ~~immoral~~ any improper, immoral, unlawful or ~~unlawful purposes~~objectionable purpose, nor shall Tenant ~~knowingly~~ cause, maintain or permit any nuisance ~~or waste~~ in, on or about the Premises, . Tenant shall not commit 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 place a load upon the Premises exceeding the average pounds of live load per square foot of floor area (“Excess Load”) specified for the Building by Landlord’s architect or engineer, with the ~~Project. 10.10~~partitions to be considered a part of the live load. ~~Notwithstanding~~ Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other ~~provision herein~~ space in the Building shall be so installed, maintained and used by Tenant as to ~~the contrary,~~ eliminate such vibration or noise. Tenant shall be responsible for the cost of all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements structural engineering required to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasedetermine Excess Load.

Appears in 1 contract

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

Use. ~~10.1~~5.01. ~~Tenant~~ The Demised Premises shall ~~use the Premises~~ be used solely as and for ~~the purpose set forth in Section 2.12,~~ executive and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ general offices and for ~~any~~ no other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion~~purpose. ~~10.2~~5.02. Tenant shall not use or ~~occupy~~ permit the use of the Demised Premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of ~~Applicable Laws; zoning ordinances;~~ the Certificate of Occupancy for the Demised Premises or ~~the certificate of occupancy issued for~~ the Building, and Tenant shall not permit the Demised Premises or any part thereof to be used in any manner or anything to be done, brought into or kept therein which, in Landlord's reasonable judgment shall, ~~upon five~~ or tend to, impair or interfere with (5i) ~~days’ written notice from Landlord~~the character, ~~discontinue any use~~ reputation or appearance of the ~~Premises that is declared~~ Building as a high quality office building, (ii) any of the Building services or ~~claimed by any Governmental Authority having jurisdiction to be a violation~~ the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the Demised Premises, or (iii) the use of any of the ~~above~~other areas of the Building by, or ~~that in Landlord’s reasonable opinion violates~~ occasion discomfort, inconvenience or annoyance to, any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building~~ Building. 5.03. If any governmental license or permit (other than a certificate of occupancy for the ~~Project~~entire Building) shall be required for the proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit a copy of the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Additionally, should Tenant's alterations or Tenant's use of the Demised Premises require any modification or amendment of any certificate of occupancy for the Building, Tenant shall, at its expense, take all actions reasonably requested by Landlord in order to procure any such modification or amendment and shall reimburse Landlord (as additional rent) for all reasonable costs and expenses Landlord incurs in effecting said modifications or amendments. The foregoing provisions are not intended to be deemed Landlord's consent to any alterations or to a use of the Demised Premises not otherwise permitted hereunder nor to require Landlord to effect such modifications or amendments of any certificate of occupancy. 5.04. Tenant shall not use, or ~~injure~~ suffer or ~~unreasonably annoy~~ permit anyone to use, the Demised Premises or any part thereof, for (a) a restaurant and/or bar and/or the sale of confectionery and/or soda and/or beverages and/or sandwiches and/or ice cream and/or baked goods (except vending machines exclusively for the use of Tenant's employees), (b) the business of photographic reproductions and/or offset printing (except that Tenant may use part of the Demised Premises for photographic reproductions and/or offset printing in connection with, either directly or indirectly, its own business and/or activities), (c) an employment or travel agency, (d) a school or classroom, (e) medical or psychiatric offices, (f) conduct of an auction, (g) gambling activities or (h) the conduct of obscene, pornographic or similar disreputable activities. Further, the Demised Premises may not be used by (i) an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (ii) any charitable, religious, union or other not-for-profit organization, or (biii) ~~use or allow~~ any tax exempt entity within the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out meaning of ~~or in connection with the compliance~~ Section 168(j)(4)(A) of the ~~Premises with the Americans with Disabilities Act~~Internal Revenue Code of 1986, ~~42 U.S.C. § 12101~~as amended, ~~et seq.~~ or any successor or substitute statute, or rule or regulation applicable thereto (~~together with regulations promulgated pursuant thereto, the “ADA”~~as same may be amended), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease and License Agreement (Integrated Information Systems Inc)

Use. ~~10.1. Tenant~~ Sublessee shall use the Premises for general warehouse use and purposes related to the ~~purpose set forth~~ distribution and assembly of computers and for no other purpose, without the prior wirtten consent of Sublessor. Sublessee's business shall be established and conducted throughout the term hereof in ~~Section 2.12, and~~ a first class manner. Sublessee shall not use the ~~Premises~~Premises for, or ~~permit or suffer the Premises to be used~~carry on, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection withcarried on, any ~~window~~ offensive, noisy or ~~door of the Premises other than Landlord’s standard window coverings. Neither the interior~~ dangerous trade, business, manufacture or occupation nor ~~exterior of~~ permit any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery auction sale to be ~~installed in the Premises so as to reasonably prevent sounds~~ held or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, conducted on or about the Premises, . Sublessee shall not do or suffer anything to be done upon the ~~Building~~ Premises which will cause structural injury to the premiss or the ~~Project. 10.10~~building of which the same form a part. ~~Notwithstanding any~~ The Premises shall not be overloaded and no machinery, apparatus or other ~~provision herein to the contrary, Tenant~~ appliance shall be ~~responsible for all liabilities~~used or operated upon the Premises which will in any manner injure, ~~costs and expenses arising out~~ vibrate or shake the Premises or the building of ~~or in connection with the compliance~~ which it is a part. No use shall be made of the Premises ~~with~~ which will in any way impair the ~~Americans with Disabilities Act~~efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or vacant during the first twelve (12) months of the term. After said twelve (12) month period, ~~42 U.S.C. § 12101~~Sublessee may vacate the Premises only upon prior written notice to Sublessor, ~~et seq~~said notice to be provided no later than the date which is ninety (90) days prior to the date upon which Sublessee intends to leave the Premises unoccupied or vacant. ~~(together with regulations promulgated pursuant thereto~~Upon vacating the Premises, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements Sublessee will be obligated to comply with ~~the ADA. Notwithstanding the foregoing, Landlord shall be responsible for~~ all ~~liabilities, costs and expenses arising out of or in connection with the compliance~~ other terms of the ~~existing structural portions and tenant improvements~~ Lease, including without limitation, the terms set forth in Paragraph 3 of this Sublease. If Sublessee has vacated the Premises, Sublessor has the option, in its sole discretion, to terminate this Sublease upon thirty (30) days written notice to Sublessee. No musical instrument of any sort, or any noise making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises as or any part thereof for any purpose which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the ~~date~~ Premises by Sublessee shall cause directly or indirectly, any increase of ~~this Lease~~Sublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out exercise of any ~~failure~~ other rights or remedies, or constitute a waiver of ~~Landlord~~ Sublessor's right to ~~make~~ require Sublessee to discontinue such ~~aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration~~ act or ~~earlier termination of this Lease~~use.

Appears in 1 contract

Samples: Sublease Agreement (Allstar Systems Inc)

Use. ~~10.1.~~ 10.1 Tenant ~~shall~~ may use the Premises for any use permitted by (i) the ~~purpose set forth in Section 2.12~~MIB Zone, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the property, and shall not use the Premises, or permit or suffer the Premises to be ~~used,~~ used for any other purpose without ~~Landlord’s~~ the prior written ~~consent, which~~ consent ~~Landlord may withhold in its sole and absolute discretion~~of Landlord. ~~10.2~~10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of ~~any~~ law or the certificate of ~~the above, or that in Landlord’s reasonable opinion violates any of the above~~occupancy. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s '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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises; provided, however, if the costs thereof exceed an amount equal to six (6) monthly installments of the Basic Annual Rent then payable, Tenant may elect to terminate the Lease if Landlord, after notice from Tenant, declines to pay such excess. ~~10.3.~~ 10.3 Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire~~, environmental~~, extended coverage or any other insurance policy covering the ~~Building~~ Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and ~~the Project~~conditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building~~ Premises. 10.4 Subject to the warranty of Landlord in Section 14.3, Tenant shall comply with the Americans with Disabilities Act of 1990 ("ADA"), and the ~~Project~~regulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall ~~promptly~~be exclusively that of Tenant and not of Landlord, ~~upon demand~~including any duty to make structural or capital improvements, ~~reimburse Landlord~~ alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for ~~any additional premium charged for~~ the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord's consent to such ~~policy by reason~~ alterations shall not constitute either Landlord's assumption, in whole or in part, of Tenant~~’s failure to~~ 's responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this ~~Section~~Lease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Furthermore, Landlord shall be responsible for compliance with ADA to the extent of a violation of Landlord's warranty in Section 14.3. ~~10.4~~10.5 Tenant may install signage on and about the Premises to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent approved by Landlord. Tenant ~~shall keep~~ acknowledged that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all ~~doors opening onto public corridors closed~~of the tenants on a fair and reasonable basis. Tenant further acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, ~~except when in use for ingress~~ and ~~egress. 10.5. No additional locks~~ is not relying on any representations or ~~bolts~~ warranty of Landlord regarding the number, size or location of any ~~kind~~ signage. The expense of design, permits, purchase and installation of any signs shall be ~~placed upon any~~ the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the ~~doors or windows~~ Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, ~~nor shall any changes be made~~ subject to ~~existing locks or~~ the ~~mechanisms thereof without~~ provisions of Article 36. Any relocation of Tenant's signage required by Landlord~~’s prior written consent. Tenant shall, upon termination~~ 's division of ~~this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In~~ the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections Project into more than one lot shall be ~~attached to any outside wall~~ with the consent of ~~the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than~~ Tenant and at Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written 's consent. ~~10.7.~~ 10.6 No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in at a location within the Building other than a location designed to carry the ~~weight~~ load of ~~such~~ the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. ~~10.9.~~ 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral or~~ any unlawful ~~purposes~~purpose, nor shall Tenant ~~knowingly~~ cause, maintain or permit any nuisance or waste in, on on, or about the Premises~~, the Building or the Project~~. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Cytel Corp/De)

Use. 10.1. Tenant shall use the Premises exclusively for the ~~purpose set forth in Section 2.12,~~ Permitted Use and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord, which consent ~~Landlord may withhold in its sole and absolute discretion~~shall not be unreasonably withheld, conditioned or delayed. 10.2. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws;~~ any federal, state and local laws and regulations, zoning ordinances; , or the certificate of occupancy issued for the ~~Building~~Premises, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any law, regulation or zoning ordinance or of ~~the above~~such certificate of occupancy, or ~~that~~ which in ~~Landlord’s~~ the reasonable opinion of Landlord violates any law, regulation or zoning ordinance or the certificate of ~~the above~~occupancy. Tenant shall comply with any direction of any Governmental Authority having jurisdiction ~~that~~ which shall, by reason of the 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~~ occupancy thereof. 10.3. Tenant shall not do or permit to be done anything outside the scope of the Permitted Use that will invalidate ~~or increase the cost of~~ any fire, environmental, extended coverage or any other insurance policy covering all or any portion of the ~~Building and~~ Premises. The use specified in Section 1.1.4 hereof is in compliance with Landlord’s current insurance on the ~~Project, and~~ Premises. Tenant shall comply with all rules, orders, ~~regulations~~ regulations, and requirements of the insurers of the ~~Building~~ Premises and ~~the Project, and Tenant~~ shall ~~promptly, upon demand,~~ reimburse Landlord promptly upon demand for any additional premium charged for any such policy by reason of Tenant’s ~~failure to comply with~~ use of the ~~provisions of this Section~~Premises. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon Upon termination of this Lease, Tenant shall return to Landlord all keys to offices and restrooms ~~either~~ furnished to to, or otherwise procured by by, Tenant. 10.5. ~~In the event any key so furnished to Tenant is lost,~~ Tenant shall ~~pay to Landlord~~ not, without the ~~cost~~ prior written consent of ~~replacing the same~~ Landlord, which consent shall not be unreasonably withheld, conditioned or ~~of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No~~ delayed, (i) attach any awnings or other ~~projections shall be attached~~ projection to any outside wall of the ~~Building. No~~ Premises, (ii) attach, hang or use any curtains, blinds, shades or screens ~~shall be attached to or hung in~~to, ~~or used~~ in connection with, any window or door of the Premises other than Landlord’s standard window coverings~~. Neither~~ , (iii) coat or otherwise sunscreen the interior ~~nor~~ or exterior of any ~~windows shall be coated or otherwise sunscreened without Landlord’s prior written consent~~windows, ~~nor shall~~ (iv) place any bottles, ~~parcels~~ parcels, or other articles ~~be placed~~ on the ~~windowsills. No~~ window xxxxx, (v) place any equipment, furniture or other items of personal property ~~shall be placed~~ on any exterior ~~balcony without Landlord’s prior written consent. 10.7. No~~ balcony, (vi) paint, affix or exhibit on the exterior of the Premises any sign, advertisement or notice ~~shall be exhibited~~(unless otherwise required by law or reasonable safety measures), ~~painted~~ (vii) place additional locks or ~~affixed by Tenant on~~ bolts of any ~~part of~~ kind or nature upon any doors or windows in the Premises or (viii) make any changes to existing locks or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consentmechanism thereof. Interior signs on doors and the directory tablet shall be ~~inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be~~ of a size, color and type reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. ~~10.8~~10.6. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into ~~the~~ Common ~~Areas~~ Areas, or other ~~offices~~ space in the ~~Building~~Premises. ~~Further,~~ Tenant shall not place any equipment weighing five hundred (500) pounds or greater ~~within~~ in or upon the Premises without ~~Landlord’s~~ the prior written ~~approval~~of Landlord, ~~and such equipment~~ which consent shall not be ~~placed in a location designed to carry the weight of such equipment~~unreasonably withheld, conditioned or delayed. ~~10.9~~10.7. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ any immoral, unlawful or ~~unlawful purposes~~objectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about any or all of the Premises~~, the Building or the Project~~. ~~10.10~~10.8. 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 ~~and expenses~~ of suit) (collectively, “Claims”) arising out of or in connection with the compliance of the Premises with the Americans ~~with~~ With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, ~~the~~ “ADA”), ) and Tenant shall indemnify, ~~defend~~ defend, hold and ~~hold~~ save Landlord harmless ~~Landlord~~ from and against any ~~loss, cost, liability or expense (including reasonable attorneys’ fees~~ and ~~disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for~~ all ~~liabilities, costs and expenses~~ Claims arising out of or in connection with ~~the compliance of the existing structural portions and tenant improvements~~ any failure of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA~~. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~.

Appears in 1 contract

Samples: Lease (Supernus Pharmaceuticals Inc)

Use. ~~10.1~~Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied for Tenant’s Permitted Use and for no other purposes. Tenant shall ~~use~~ occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and will not create a nuisance or constitute a Prohibited Use, pursuant to the terms and conditions of this Lease. Tenant shall maintain a ratio of not more than one (1) occupant for each one hundred twenty-five (125) rsf of area within the Premises prior to the Rent Commencement Date for the ~~purpose set forth in Section 2.12,~~ Phase 4 Premises and ~~shall~~ not ~~use the Premises, or permit or suffer~~ more than one (1) occupant for each one hundred sixty-five (165) rsf of area within the Premises ~~to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~thereafter. Tenant shall not conduct any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, use any apparatus or ~~occupy~~ machine which makes undue noise or causes undue vibration in any portion of the Building or otherwise materially interfere with, annoy or disturb any other Tenant in its normal business operations or Landlord in its management of the Building. Tenant shall perform no core drilling without Landlord’s consent (which consent may be withheld in Landlord’s sole discretion). Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the reasonable opinion of Landlord, be hazardous on account of fire or which would in any way increase or render void the fire insurance on the Building. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s particular business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at all times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be used or occupied in violation of ~~Applicable Laws; zoning ordinances;~~ (i) the Certificate of Occupancy for the Leased Premises or ~~the certificate of occupancy issued~~ for the Building, ~~and shall, upon five~~ (5ii) ~~days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of~~ any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, ~~return to Landlord all keys to offices~~ (iii) zoning ordinances, and ~~restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost~~ rules and regulations of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of governmental and quasi-governmental authorities having jurisdiction over the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (biv) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Projecta Prohibited Use. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Roblox Corp)

Use. ~~10.1.~~ Tenant ~~shall~~ shall, during the term of this Lease, use the Premises only for the ~~purpose set forth in Section 2.12~~Permitted Uses and from time to time, procure and ~~shall not~~ maintain all licenses and permits necessary therefor and for any other use or activity conducted at the Premises, at Tenant’s sole expense. Nothing contained in the definition of “Permitted Use” shall prohibit, restrict or ~~permit or suffer~~ limit the ~~Premises to be used~~access, ~~for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole~~ use and ~~absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of~~ temporary occupancy ~~issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use~~ of the Premises by a government, local, state or federal agency as required by such agency in connection with the ordinary course of Tenant’s business. Lxxxxxxx and Tenant shall, from time to time, provide to the other the name and contact information for a representative of such party with whom issues relating to sustainability and energy use may be communicated. Such issues may include, but not be limited to, retrofitting projects, building issues, energy efficiency upgrades and data access. Tenant acknowledges that this Lease is ~~declared or claimed by any Governmental Authority having jurisdiction~~ subject to ~~be a violation~~ that certain Notice of ~~any~~ Activity and Use Limitation dated September 12, 2019, and recorded with the Middlesex (Southern District) Registry of Deeds at Book 73303, Page 185, and the ~~above~~Mobility Management Plan, ~~or that in Landlord’s reasonable opinion violates any of the above.~~ and Tenant shall comply with ~~any direction of any Governmental Authority having jurisdiction~~ the terms and requirements thereof. In addition, Tenant acknowledges that ~~shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect~~ this Lease is subject to the ~~Premises~~ Mobility Management Plan (“MMP”) for the Property that was issued by the City of Somerville on May 20, 2021, a copy of which is attached hereto as Exhibit H, as the same may be amended, modified or ~~with respect~~ supplemented from time to ~~the use or occupation thereof. 10.3~~time. Tenant ~~shall not do or permit to be done anything~~ acknowledges that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, shall comply with the tenant requirements in the MMP including, without limitation, the preparation and ~~shall be~~ submission to the City of Somerville of a ~~size, color~~ Mobility Management Plan for Tenant’s employees and ~~type acceptable~~ the designation of a liaison to ~~Landlord~~work with employees as a transportation coordinator. ~~The directory tablet shall be provided exclusively~~ Additional requirements may include (i) offering employees the right to contract for the ~~display~~ parking spaces to which Landlord is entitled as further set forth in Section 5.5 below, (ii) subsidizing mass transit monthly passes for employees, (iii) allowing employees to use pre-tax funds for Commuter Choice programs, (iv) offering an emergency ride home program, and (v) encouraging employees to make use of ~~the name~~ alternate modes of transportation. Tenant, at its sole cost and ~~location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than~~ expense and at Landlord’s ~~standard lettering. 10.8. Tenant~~ request, shall ~~cause any office equipment or machinery to be installed~~ also comply with the reporting requirements set forth in the ~~Premises so as~~ MMP that are applicable to ~~reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices~~ tenants in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Appears in 1 contract

Samples: Lease (Codex DNA, Inc.)

Use. ~~10.1.~~ 6.1 Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12, and shall~~ Permitted Use. Tenant will not occupy or use the Premises, or permit ~~or suffer~~ any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose ~~without Landlord’s prior written consent~~which is unlawful or deemed to be disreputable in any manner, or dangerous to life, limb or property, or extrahazardous on account of fire, nor permit anything to be done which ~~consent Landlord may withhold~~ will in ~~its sole and absolute discretion. 10.2~~any way increase the premiums for insurance coverage on the Building or contents therein, or invalidate any insurance coverage on the Building. Tenant ~~shall~~ will conduct its business and control its agents, employees and invitees in such a manner as not ~~use~~ to create any nuisance, nor interfere with, annoy or ~~occupy~~ disturb other tenants or Landlord, in the management of the Building. Tenant will not commit waste and will maintain the Premises in ~~violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building~~a clean, healthful and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal, insurance and other agencies or bodies having any ~~direction of any Governmental Authority having~~ jurisdiction ~~that shall~~thereof) with reference to the use, ~~by reason of the nature of Tenant’s use~~ condition or occupancy of the Premises, ~~impose any duty upon~~ including, without limitation, all environmental, health and safety laws and the Americans with Disabilities Act. Tenant ~~or Landlord with respect to~~ will secure at its own expense all permits and licenses required for the transaction of business from the Premises or in accordance with ~~respect to~~ the ~~use or occupation thereof. 10.3~~Permitted Use. Tenant ~~shall~~ will receive or take delivery of goods or merchandise and will remove all garbage and trash only in the manner and areas prescribed by Landlord from time to time. Tenant will not do display or sell merchandise outside the exterior walls and doorways of the Premises and may not use such areas for storage. Tenant will not keep any substance or carry on or permit ~~to be done anything that will invalidate~~ any operation which might emit offensive odors or ~~increase the cost of any fire, environmental, extended coverage or any~~ conditions into other ~~insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers~~ parts of the Building ~~and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for~~ or use any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to apparatus which might make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds undue noise or vibrations ~~therefrom from extending into the Common Areas or other offices~~ in the Building. ~~Further~~Tenant further agrees not to install any exterior lighting, ~~Tenant shall not place any equipment weighing five hundred (500) pounds~~ amplifiers or ~~greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do~~ similar devices or ~~permit anything to be done~~ use in or about the Premises ~~that~~ an advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts. 6.2 Tenant will, and will cause all its employees, agents, contractors and invitees to, comply fully with all rules and regulations of the Building adopted by Landlord from time to time. A copy of the rules and regulations for the Building, existing on the Date of the Lease, are attached hereto as Exhibit "D". Landlord shall at all times have the right to change such rules and regulations or to promulgate other rules and regulations in ~~any way obstruct~~ such reasonable manner as may be deemed advisable for the safety, care, or ~~interfere with the rights of other tenants or occupants~~ cleanliness of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, and for the ~~Building or the Project. 10.10. Notwithstanding any other provision herein~~ preservation of good order therein, all of which rules and regulations, changes and amendments will be forwarded to ~~the contrary,~~ Tenant in writing and shall be ~~responsible for all liabilities, costs~~ carried out and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseobserved by Tenant.

Appears in 1 contract

Samples: Office Lease (Phymed Inc)

Use. ~~10.1~~Section 4.01. Tenant shall only use and occupy the Premises for: (a) executive and administrative offices, (b) art studios, production facilities, typesetting, slide production, television production and such other uses (other than light or heavy manufacturing) as are then customary in the advertising/communications and public relations business or (c) such retail use as the Landlord shall from time to time reasonably permit (taking into account the notice of the business of the proposed subtenant as appropriate to a first class office building in Manhattan) for so long as Messrs. Petex Xxxxxxxx xxx Michxxx Xxxxxxxx, xx an entity referred to in Section 10.02 (c) or (d) hereof, is the ~~purpose~~ Landlord hereunder From and after such time that Messrs. Petex Xxxxxxxx xxx Michxxx Xxxxxxxx, xxases to be the Landlord hereunder, the ground level space may be used for any lawful purpose. Tenant shall have the right, incident to the uses set forth in sub-sections (a) and (b) to maintain vending machines, kitchens, dining and exercise facilities. Section ~~2.12~~4.02. As soon as practicable Landlord shall deliver to Tenant a Certificate of Occupancy permitting the use of the Demised Premises for general and executive offices and, with regard to the ground floor, retail sales ("the Initial Certificate of Occupancy") provided that nothing contained herein shall limit Landlord's obligation contained in Exhibit C to deliver a temporary Certificate of Occupancy on Substantial Completion of Base Building and Tenant Work. If any governmental certificate, license or permit, other than the Initial Certificate of Occupancy to be obtained by Landlord, shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such certificate, license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such certificate, license or permit. Section 4.03. Tenant shall not at any time use or occupy or suffer or permit anyone to use or occupy the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in ~~or about~~ the ~~Premises that shall~~ Premises, in any ~~way obstruct~~ manner (a) which violates the Certificate of Occupancy for the Demised Premises or ~~interfere with~~ for the ~~rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or~~ Building; (b) ~~use~~ which causes injury to the Demised Premises or ~~allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit~~ any ~~nuisance or waste in, on or about the Premises, the~~ Building Equipment; (c) which constitutes a violation of applicable laws and regulations or the ~~Project. 10.10. Notwithstanding~~ requirements of any ~~other provision herein to~~ public authorities with jurisdiction or the ~~contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out~~ requirements of ~~or in connection with~~ insurance bodies; (d) which impairs the ~~compliance~~ appearance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises building as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.a first-class office building;

Appears in 1 contract

Samples: Lease Agreement (Young & Rubicam Inc)

Use. ~~10.1.~~ a. Tenant ~~shall~~ covenants with Landlord not to use the Premises for any purpose other than general office use for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2conduct of Tenant's business. Tenant shall not use ~~or occupy~~ the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ any other purpose without the prior written consent of the Landlord. Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or ~~unlawful purposes~~which may hereafter be in force, ~~nor~~ which shall impose any duty upon Landlord or Tenant ~~knowingly cause~~with respect to the condition, ~~maintain~~ maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business therein, including, without limitation, the Americans With Disabilities Act, as amended (the “ADA”), and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including reasonable attorneys' fees) resulting from claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or ~~waste in~~unreasonable disturbances to other tenants of the Building or for any disorderly, on unlawful or ~~about~~ hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. b. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, and Tenant fails to discontinue such act and/or cure any activity which caused such increased premium within five (5) business days after receipt of written notice from Landlord, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant within thirty (30) days after written demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any regulation of any governmental body or the regulations or directives of Landlord's insurance carriers, or in any manner which interferes with the quiet enjoyment of any other tenant of the Building. Tenant will not install or operate in the Premises any electrical or other equipment, other than such equipment as is commonly used in state-of-the-art offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as may be occasioned by the operation of said equipment or machinery. All voice, data, video, audio, and other low- voltage control transport system cabling and/or cable bundles installed in the Building shall be installed and maintained in accordance with applicable law and shall be labeled with the Tenant’s name and origination and destination points. The routing plan shall be available to Landlord and its agents at the Building upon request. c. Tenant agrees to maintain the Premises, the Tenant Improvements and Alterations (hereinafter defined) therein, in good order, repair and condition during the Term at Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and except for ordinary wear and tear. Except as otherwise expressly set forth in this Lease, Landlord shall have no obligation to Tenant to make any repairs in or to the Premises or the Tenant Improvements or any Alterations. Any and all damage or injury to the Premises, the Building or the ~~Project. 10.10. Notwithstanding~~ Land caused by Tenant, or by any ~~other provision herein to the contrary~~employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be ~~responsible~~ promptly reported to Landlord. All such damage or injury shall be repaired at Tenant's sole cost, with Tenant repairing same with respect to the Premises and Landlord repairing same with respect to the Land and other portions of the Building. Tenant shall reimburse Landlord for all ~~liabilities,~~ reasonable costs ~~and expenses arising out of or~~ incurred by Landlord in connection with any such repair undertaking by Landlord as Additional Rent within thirty (30) days after Tenant receives Landlord's invoice of such costs. d. Tenant shall not place a load upon the ~~compliance~~ floor of the Premises ~~with~~ exceeding the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out designated floor load capacity of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.e.

Appears in 1 contract

Samples: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)

Use. ~~10.1.~~ Tenant shall occupy and use the Premises only for the ~~purpose~~ Permitted Use (as set forth in ~~Section 2.12, and shall not use~~ the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5Basic Lease Information) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, ~~orders~~regulations, ~~regulations~~ and ~~requirements~~ guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the ~~insurers~~ Premises for other than the Permitted Use or as a result of ~~the Building~~ any alterations or additions made by Tenant (which risk and ~~the Project, and Tenant~~ responsibility shall ~~promptly, upon demand, reimburse Landlord~~ be borne by Tenant). The Premises shall not be used for any ~~additional premium charged for~~ purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such ~~policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4~~as abortion issues). Tenant shall ~~keep all doors opening onto public corridors closed, except when~~ conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall its management of the Building. ~~No curtains, blinds, shades~~ Tenant shall not knowingly conduct or ~~screens shall~~ permit to be ~~attached to or hung in~~conducted in the Premises any activity, or ~~used~~ place any equipment in ~~connection with, any window~~ or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of about the Premises or the ~~Building without~~ Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and such increase shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease, and Landlord’s ~~prior written consent; provided that~~ acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance, except as necessary for the Permitted Use and in accordance with applicable Laws. In no case shall Tenant use any portion of the Premises for any marijuana or marijuana related business (including, but not limited to, the cultivation, manufacture, processing, storage or sale of cannabis or cannabis-related products). Tenant shall have the right to ~~install a sign with its name and corporate logo on~~ access the ~~exterior of the Building~~Premises 24 hours per day, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only365 days per year. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements agrees to comply with ~~the ADA. Notwithstanding the foregoing~~and reasonably cooperate with Landlord’s efforts to comply with energy efficiency, ~~Landlord shall be responsible for all liabilities~~green building and/or carbon reduction laws, ~~costs~~ including without limitation occupant, water, energy and ~~expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and~~ transportation surveys within the ~~Building (but not within the Premises~~city, ~~except as specifically described in this sentence) and the Project’s parking lots~~county, ~~walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against~~ state or any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseother jurisdiction.

Appears in 1 contract

Samples: Industrial Lease Agreement (Solid Power, Inc.)

Use. ~~10.1.~~ Tenant shall use the Lease Premises for office use and for no other purpose without the prior written consent of Landlord. Tenant’s business shall be established and conducted throughout the term hereof in a first class manner. Tenant shall not use the Lease Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Lease Premises. Tenant shall not do or suffer anything to be done upon the Lease Premises which will cause structural injury to the premises or the building of which the same form a part. The Lease Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated upon the Lease Premises which will in any manner injure, vibrate or shake the Lease Premises or the building of which it is a part. No use shall be made of the Lease Premises which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Lease Premises. Tenant shall not leave the Lease Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise making device will be operated or allowed upon the Lease Premises for the purpose ~~set forth in Section 2.12, and shall not use the Premises,~~ of attracting trade or ~~permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~otherwise. Tenant shall not use or ~~occupy~~ permit the ~~Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ use of the Lease Premises ~~that is declared~~ or ~~claimed by~~ any ~~Governmental Authority having jurisdiction to be~~ part thereof for any purpose which will increase the existing rate of insurance upon the building in which the Lease Premises are located, or cause a ~~violation~~ cancellation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and~~ building or any part thereof. If any act on the ~~Project, and shall comply with all rules, orders, regulations and requirements~~ part of Tenant or use of the ~~insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy~~ Lease Premises by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause directly or indirectly, any ~~office equipment or machinery~~ increase of Landlord’s insurance expense, said additional expense shall be paid by Tenant to ~~be installed~~ Landlord upon demand. No such payment by Tenant shall limit Landlord in the ~~Premises so as to reasonably prevent sounds~~ exercise of any other rights or ~~vibrations therefrom from extending into the Common Areas~~ remedies, or ~~other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without~~ constitute a waiver of Landlord’s ~~prior written approval, and~~ right to require Tenant to discontinue such ~~equipment shall be placed in a location designed to carry the weight of such equipment~~act or use. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Wilshire Bancorp Inc)

Use. ~~10.1~~11.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~11.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion ~~violates~~ violated any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings in accordance with Applicable Laws if Tenant’s failure to comply therewith neither creates any risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. ~~10.3~~11.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~11.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~11.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~11.6. No awnings or other projections shall be attached to any outside wall of the ~~Building~~Building without prior written consent from Landlord. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings without Landlord’s prior written approval, which approval shall not be unreasonably withheld. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which approval shall not be unreasonably withheld, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which approval shall not be unreasonably withheld. ~~10.7~~11.7. ~~No sign~~Tenant shall, ~~advertisement or notice shall be exhibited~~at its sole cost and expense, ~~painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall~~ have the right to install ~~a sign with its name and corporate logo on the exterior of~~ legally permitted signage (“Signage”) at the Building, ~~the size, appearance and characteristics of~~ which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing Signage (as of the Execution Date). All future repairs and replacements to such existing Signage shall be (a) consistent with the size, design and quality of the existing Signage, (b) in compliance with Applicable Laws, (c) paid for at Tenant’s sole cost and expense and (d) subject to Landlord’s prior written approval. In addition, subject to Landlord’s prior written approval, Tenant shall have the right to incorporate its company logo and trademarks as part of the design of its Signage. ~~10.8~~11.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 11.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~11.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~11.11. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA. The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

Use. ~~10.1. Tenant shall~~ Airadigm may use the Premises for the ~~purpose set forth~~ receipt and transmission of wireless communications signals. The use granted Airadigm by this Master Lease shall be non-exclusive and limited in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply strict accordance with the ~~provisions~~ terms of this ~~Section. 10.4~~Master Lease. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant SpectraSite shall have the right to ~~install a sign~~ continue to occupy the Property and to enter into lease, sublease, license and other agreements with ~~its name~~ others for the Property and ~~corporate logo on~~ the ~~exterior~~ Tower in the sole discretion of ~~the Building, the size, appearance and characteristics of which~~ SpectraSite. Each SLA shall also be subject to ~~Landlord’s prior written consent. Interior signs on doors~~ the terms and continued existence of the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively Prime Lease for the ~~display~~ Site. SpectraSite shall give Airadigm written notice of such termination or expiration of the ~~name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls~~ Prime Lease as provided herein or ~~corridor doors other~~ as soon as practicable but no later than ~~Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery~~ sixty (60) days prior to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of an anticipated termination or expiration. SpectraSite shall give Airadigm advance written notice of any sublease, license or other agreement granting a third party right to occupy space on a tower which is the subject of this ~~Lease~~Master Lease which notice shall specify the proposed location of the antennas or other equipment on the tower, the ~~“path~~ frequency of ~~travel” into~~ operation of the equipment and ~~within~~ copies of engineering plans depicted the ~~Building (but not within~~ location and method of installation of the ~~Premises, except as specifically described in this sentence) and~~ equipment. SpectraSite shall give notice to Airadigm at the ~~Project’s parking lots, walkways and landscaping areas with the ADA~~same time that SpectraSite receives notice of any default under any Prime Lese, and ~~Landlord~~ SpectraSite shall ~~indemnify~~allow Airadigm to cure any non-monetary default on SpectraSite's behalf. In such case, ~~defend and hold harmless Tenant~~ Airadigm shall be entitled to reimbursement from ~~and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ SpectraSite of any ~~failure~~ amount paid or obligation incurred in respect thereof; provided, however, that in the event that SpectraSite disputes such alleged default in good faith, SpectraSite shall have no duty to reimburse Airadigm for any amount paid or obligation incurred in respect of ~~Landlord~~ such alleged default unless Airadigm obtains SpectraSite's consent to ~~make~~ Airadigm's cure of any such ~~aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~default.

Appears in 1 contract

Samples: Master Tower Attachment Lease Agreement (Spectrasite Holdings Inc)

Use. ~~10.1.~~ (a) Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12~~Permitted Uses, and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other ~~purpose without Landlord’s prior written consent~~purpose, ~~which consent Landlord may withhold in its sole and absolute discretion. 10.2.~~ Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of ~~Applicable Laws; zoning ordinances;~~ which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or ~~the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any~~ restrictions currently on record which will affect Tenant’s use of the Premises ~~that is declared~~ for the Permitted Uses), (ii) any law or ~~claimed by~~ ordinance or any ~~Governmental Authority having jurisdiction to be a violation~~ Certificate of ~~any of~~ Occupancy issued for the ~~above~~Building or the Premises, or ~~that in Landlord’s~~ (iii) any reasonable ~~opinion violates any~~ Rules and Regulations issued by Landlord for the Building of ~~the above.~~ which Tenant has been given a copy, Tenant shall comply with any ~~direction~~ directive of any ~~Governmental Authority having jurisdiction that shall, by reason of the nature of~~ governmental authority with respect to 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. 10.3~~. Tenant shall not do or permit ~~to be done~~ anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use the Premises or allow ~~the Premises~~ them to be used for ~~immoral or~~ any unlawful ~~purposes~~purpose, ~~nor~~ Tenant shall ~~Tenant knowingly~~ not cause, maintain or permit any nuisance ~~or waste~~ in, on or about the Premises, or commit or allow any waste in or upon the Premises. (b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 5.1(e)), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises. (c) Tenant shall keep the Premises equipped with all safety appliances required by law because of any use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses. (d) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant’s business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or ~~the Project. 10.10. Notwithstanding~~ to any other ~~provision herein to~~ space in the ~~contrary,~~ Building. Tenant shall be responsible for the cost of all ~~liabilities~~structural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant. (e) So long as a cafe is serving the Building, ~~costs~~ Tenant shall not have vending machines on the Property without the prior written consent of Landlord. (f) Tenant shall not keep or use any article in tine Premises, or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and ~~expenses arising out~~ improvements similar to the Building and Leasehold Improvements, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant’s activity, a schedule issued by the organization computing the insurance rate on the Building or ~~in connection~~ the Leasehold Improvements, showing the various components of the rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the ~~compliance~~ insurance authority or of any insurer relating to the Premises, If the use or occupation of the Premises ~~with~~ by Tenant or by anyone Tenant allows on the ~~Americans with Disabilities Act~~Premises causes or threatens cancellation or reduction of any insurance carried by Landlord, ~~42 U.S.C. § 12101~~Tenant shall remedy the condition immediately upon notice thereof, ~~et seq~~Upon Tenant’s failure to do so after applicable notice and cure periods, Landlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant’s cost, which Tenant shall promptly pay as additional rent. ~~(together with regulations promulgated pursuant thereto, the “ADA”)~~Landlord shall not be liable for any damage or injury caused as a result of such an entry, and ~~Tenant~~ shall ~~indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ not waive its rights to declare a default because of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the ProjectTenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefailure.

Appears in 1 contract

Samples: Lease (Mimecast LTD)

Use. ~~10.1.~~ 12.1 Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Tenant shall be prohibited from using the Premises or any portion of the Property for the sale, distribution or production of marijuana. ~~10.2.~~ 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy (or its substantial equivalent) issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall take such further actions and execute such further documents in connection with this Lease as are necessary to comply with Applicable Laws relating to privacy, personal information and data security. Tenant acknowledges that Landlord may collect certain personal information (e.g., names, email addresses and contact information) of Tenant’s and its affiliates’ employees (and, if applicable, subcontractors and consultants), and use such information in connection with performing Landlord’s duties and obligations, and exercising its rights under this Lease. Tenant shall not retain, use or disclose any personal information received from Landlord pursuant to this Lease for any purpose other than to perform its duties and obligations, and exercise its rights under this Lease or as required by Applicable Law. In the event of a conflict between this Section and Article 38, this Section shall govern. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend (at the option of and with counsel reasonably acceptable to the indemnified party(ies)), save, reimburse and hold harmless (collectively, “Indemnify,” “Indemnity” or “Indemnification,” as the case may require) Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless from and against any ~~loss~~and all demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) ~~arising out~~ incurred in investigating or resisting the same (collectively, “Claims”) of any ~~failure~~ kind or nature that arise before, during or after the Term as a result of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date Tenant’s breach of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseSection.

Appears in 1 contract

Samples: Lease (Pyxis Oncology, Inc.)

Use. ~~10.1.~~ 7.1 Tenant shall use the Premises for ~~the purpose set forth in Section 2.12,~~ general office purposes and purposes incident thereto and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord, which consent ~~Landlord~~ may ~~withhold~~ be granted or withheld in ~~its~~ Landlord's sole ~~and absolute~~ discretion~~. 10.2~~. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any recorded covenants, conditions and restrictions affecting the Site or of any law or of the ~~certificate~~ Certificate of ~~occupancy~~ Occupancy issued for the Building, and ~~shall,~~ shall upon five (5) days’ ' written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Subject to the provision of Paragraph 54.2, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the ~~above,~~ Building. Tenant shall not interfere with radio or ~~that~~ television broadcasting or reception from or in ~~Landlord’s reasonable opinion violates any of~~ the ~~above~~Building or elsewhere. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s 's specific use or ~~occupancy~~ 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~~. 10.3~~. Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or 22 40 increase the cost of any fire~~, environmental~~, extended coverage or any other insurance policy covering the Building ~~and the Project,~~ and/or property located therein and shall comply with all rules, orders, regulations and requirements of the ~~insurers of the Building and the Project, and~~ Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall ~~promptly, upon demand,~~ within twenty (20) days after receipt of demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyParagraph 7. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ which will in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use or allow the Premises to be used for ~~immoral or~~ any unlawful ~~purposes~~purpose, nor shall Tenant ~~knowingly~~ cause, maintain or permit any nuisance ~~or waste~~ in, on or about the Premises, . Tenant shall not commit 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 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, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the ~~Project. 10.10. Notwithstanding~~ Building structure or to any other ~~provision herein~~ space in the Building shall be so installed, maintained and used by Tenant as to ~~the contrary,~~ eliminate such vibration or noise. Tenant shall be responsible for all ~~liabilities, costs and expenses arising out of or in connection with~~ structural engineering required to accommodate the ~~compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq~~structural load. ~~(together with regulations promulgated pursuant thereto, the “ADA”), and~~ Tenant shall ~~indemnify~~fasten all files, ~~defend~~ bookcases and ~~hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ like furnishings to walls in a manner to prevent tipping over in the event of ~~any failure of such improvements to comply with the ADA~~earth movements. ~~Notwithstanding the foregoing,~~ Landlord shall not be responsible for ~~all liabilities, costs and expenses arising out of~~ any damage or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability ~~or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make~~ for such ~~aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~events.

Appears in 1 contract

Samples: Sublease (Organic Inc)

Use. ~~10.1.~~ a. Tenant ~~shall~~ covenants with the Landlord not to use the Premises for any purpose other than general office use for the ~~purpose set forth in Section 2.12, and~~ conduct of the Tenant’s business. Tenant shall not use the ~~Premises,~~ Premises or ~~permit or suffer~~ allow the Premises to be ~~used,~~ used for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of the Landlord. Tenant, at Tenant’s expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which ~~consent~~ shall impose any duty upon Landlord ~~may withhold in~~ or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant’s business therein, including, without limitation, the Americans With Disabilities Act, as amended and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its ~~sole~~ agents, officers, directors and ~~absolute discretion. 10.2~~employees from and against any cost, damage, claim, liability and expense (including attorneys’ fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Tenant shall not use or ~~occupy~~ permit the Premises or any part thereof to be used in ~~violation~~ any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of ~~Applicable Laws; zoning ordinances;~~ the Building or ~~the certificate of occupancy issued~~ for ~~the Building~~any disorderly, unlawful or hazardous purpose and ~~shall~~will not store or maintain therein any hazardous, ~~upon five (5) days’ written notice from Landlord~~toxic or highly combustible items other than usual and customary office supplies intended for Tenant’s use and in such event, ~~discontinue any~~ only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant’s use of the Premises ~~that~~ without the prior written approval of Landlord. b. Tenant shall not put the Premises to any use, the effect of which use is ~~declared or claimed by any Governmental Authority having jurisdiction~~ reasonably likely to ~~be a violation~~ cause cancellation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to insurance covering the Premises or ~~with respect to~~ the ~~use~~ Building, or ~~occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or~~ an increase in the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium ~~charged~~ rates for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenantinsurance. In the event that Tenant performs or commits any ~~key so furnished~~ act, the effect of which is to ~~Tenant is lost~~raise the premium rates for such insurance, Tenant shall pay to Landlord the ~~cost~~ amount of ~~replacing~~ the ~~same~~ additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of ~~changing~~ any regulation of any governmental body or the ~~lock~~ regulations or ~~locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings~~ directives of Landlord’s insurance carriers, or in any manner which interferes with the quiet enjoyment of any other ~~projections shall be attached to any outside wall~~ tenant of the Building. ~~No curtains~~Tenant will not install or operate in the Premises any electrical or other equipment, ~~blinds~~other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), ~~shades~~ without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or ~~screens~~ additions to any base building system, as may be occasioned by the operation of said equipment or machinery. All voice, data, video, audio, and other low-voltage control transport system cabling and/or cable bundles installed in the Building shall be ~~attached to~~ (a) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (b) labeled every 3 meters with the Tenant’s name and origination and destination points; (c) installed in accordance with all EIA/TIA standards and the National Electric Code; (d) installed and routed in accordance with a routing plan showing “as built” or ~~hung in~~“as installed” configurations of cable pathways, ~~or used in connection with~~outlet identification numbers, ~~any window or door~~ locations of ~~the Premises~~ all wall, ceiling and floor penetrations, riser cable routing and conduit routing if applicable, and such other ~~than Landlord’s standard window coverings~~information as Landlord may request. ~~Neither the interior nor exterior of any windows~~ The routing plan shall be ~~coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on~~ available to Landlord and its agents at the ~~windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent~~Building upon request. ~~10.7. No sign~~c. Tenant agrees to maintain the Premises, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the ~~directory tablet shall be inscribed~~Tenant Improvements and other Alterations (hereinafter defined) therein, ~~painted or affixed for Tenant by Landlord~~ in good order, repair and condition during the Term at Tenant’s sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant’s personal property) in good order, repair and condition, as the same shall be ~~of a size~~at the Commencement Date, ~~color~~ except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and ~~type acceptable~~ except for ordinary wear and tear. Landlord shall have no obligation to ~~Landlord~~Tenant to make any repairs in or to the Premises, the Tenant Improvements or any Alterations. ~~The directory tablet shall be provided exclusively for the display of the name~~ Any and ~~location of tenants only. Tenant shall not place anything on the exterior of the corridor walls~~ all damage or ~~corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery~~ injury to ~~be installed in~~ the Premises ~~so as to reasonably prevent sounds or vibrations therefrom from extending into~~ (including, but not limited to, the ~~Common Areas or other offices in the Building. Further,~~ Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the PremisesImprovements), the Building or the ~~Project. 10.10. Notwithstanding~~ Land caused by Tenant, or by any ~~other provision herein to the contrary~~employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be ~~responsible~~ promptly reported to Landlord and repaired by Tenant at Tenant’s sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all ~~liabilities,~~ costs ~~and expenses arising out~~ incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlord’s notice of ~~or in connection with~~ such costs. d. Tenant shall not place a load upon the ~~compliance~~ floor of the Premises ~~with~~ exceeding the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out designated floor load capacity of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.e.

Appears in 1 contract

Samples: Deed of Lease (Iceweb Inc)

Use. ~~10.1~~The Premises shall be used for office purposes (the “Permitted Use”) and for no other purpose. Tenant ~~shall~~ agrees not to use ~~the Premises for the purpose set forth in Section 2.12, and shall not use the Premises,~~ or permit ~~or suffer~~ the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ for any purpose which is ~~declared~~ illegal, dangerous to life, limb or ~~claimed by~~ property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. If there shall be any ~~Governmental Authority having jurisdiction~~ increase in the cost of insurance coverage with respect to the Building which results from Tenant’s particular acts or particular conduct of business (and not the mere use of the Premises for office purposes), then such acts shall be deemed to be a ~~violation~~ default hereunder and Tenant hereby agrees to pay the amount of such increase on demand. Acceptance of such payment shall not constitute Landlord’s waiver of such default or of any of ~~the above, or that in~~ Landlord’s ~~reasonable opinion violates any~~ rights or remedies hereunder. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord in the management of the ~~above~~Building. Tenant ~~shall~~ will maintain the Premises in a clean and healthful condition, and comply with ~~any direction~~ all laws, ordinances, orders, rules and regulations of any ~~Governmental Authority having jurisdiction that shall~~governmental entity with reference to the use, ~~by reason of the nature of Tenant’s use~~ interior, non-structural condition or occupancy of the Premises. Tenant, ~~impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that~~ at its expense, will ~~invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall~~ comply with ~~all rules, orders,~~ the rules and regulations ~~and requirements of the insurers~~ of the Building adopted and altered by Landlord from time-to-time (provided any future rules or alterations thereof are reasonable and non-discriminatory) and will cause all of its agents, employees, invitees and visitors to do so. A copy of the ~~Project~~existing rules and regulations is attached hereto as Exhibit “H” and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and ~~Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with~~ at the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this ~~Lease, return~~ Lease to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow deliver up the Premises to ~~be used for immoral or unlawful purposes~~Landlord in as good a condition as at the Commencement Date, ~~nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project~~ordinary wear and tear excepted. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Borland Software Corp)

Use. ~~10.1~~9.1. Tenant shall use the Premises for the ~~purpose~~ purposes set forth in Section ~~2.12~~2.7 (or any one, or any combination of, such purposes), and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~9.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Buildings, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ if such use is in violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above. Tenant shall, at its sole cost and expense, promptly and properly observe and comply with (including in the making by Tenant of the any Alterations to the Premises): (a) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any orders, regulations, directions, rules, laws, ordinances or requirement that it is contesting in ~~Landlord’s reasonable opinion violates any of the above. Tenant shall comply~~ accordance with this Section 9.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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 comply with all safety, fire protection and evacuation procedures and regulations established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action. ~~10.3~~9.3. Tenant shall not do or permit to be done anything that will invalidate ~~or increase~~ the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and the Project~~Premises, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building and the Project~~Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent9.4. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~9.5. No awnings or other projections shall be attached to any outside wall of the ~~Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used~~ Buildings in ~~connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior~~ violation of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consentApplicable Laws. ~~10.7~~9.6. ~~No sign~~Tenant shall, ~~advertisement or notice shall be exhibited~~at Tenant’s sole cost and expense, ~~painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall~~ have the right to install ~~a sign with its name and corporate logo~~ legally permitted signage on the ~~exterior of the Building~~Premises (including any building thereon) (“Signage”), ~~the size, appearance and characteristics of~~ which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. ~~Interior signs on doors~~ Tenant shall keep the Signage in good condition and ~~the directory tablet~~ repair. The size, design, and other physical aspects of any sign shall be ~~inscribed~~subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the permitting, installation, maintenance and removal thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), or if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the damaged portions of the Buildings and any other portions of the Buildings that Landlord reasonably determines in good faith shall be painted ~~or affixed~~ so that repainting the damaged portion of the Buildings does not adversely affect the visual appearance of the Buildings, if required by Landlord), Landlord may do so at Tenant’s expense. Tenant shall reimburse Landlord within twenty (20) days after written demand for ~~Tenant~~ all reasonable costs incurred by Landlord to effect such maintenance, removal or repair, which amounts shall be deemed Additional Rent and shall include without limitation, all sums disbursed, incurred or deposited by Landlord, including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to such existing signage, so long as such repairs and replacements: (a) are consistent with the size, design, quality and other physical aspects of the existing signage, (b) are in compliance with Applicable Laws, (c) are paid for at Tenant’s sole cost and expense, and ~~shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for~~ (d) do not adversely affect the ~~display~~ visual appearance of the ~~name~~ Buildings. In addition, Tenant shall have the right to incorporate its company logo and ~~location~~ trademarks as part of ~~tenants only~~the design of its Signage. 9.7. Tenant shall ~~not~~ only place ~~anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises with floor loading consistent with the structural design of the Buildings without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Buildings, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof. ~~10.9~~9.8. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ unlawful purposes or ~~unlawful purposes, nor shall Tenant knowingly~~ (b) cause, maintain or permit any ~~nuisance or~~ waste in, on or about the Premises~~, the Building or the Project~~. ~~10.10~~9.9. Notwithstanding any other provision herein to the ~~contrary~~contrary but subject to Section 9.2 hereof, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance during the Term of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Arena Pharmaceuticals Inc)

Use. ~~10.1.~~ 9.1 Tenant shall use the Demised Premises for the purpose set forth in Section ~~2.12,~~ 2.1.7 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent, which~~ consent ~~Landlord may withhold in its sole and absolute discretion~~of Landlord. ~~10.2~~9.2 Tenant shall conduct its business operations and use the Demised Premises in compliance with all current or future federal, state and local laws and regulations. Tenant shall not use or occupy the Demised Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any law or regulation or of the certificate of occupancy issued for the ~~Building,~~ Building and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Demised Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of ~~any~~ law or of said certificate of occupancy. Landlord shall deliver to Tenant a copy of the ~~above, or that in Landlord~~certificate of occupancy for the Demised Premises. Throughout the term of this Lease and/or Tenant’s ~~reasonable opinion violates any~~ occupancy of the ~~above.~~ Demised Premises, Tenant ~~shall~~ shall, at its expense, comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. ~~10.3~~9.3 The insurance to be initially carried by Landlord and Tenant pursuant to the provisions of Article 19 shall be consistent with the actual use of the Demised Premises. Thereafter, if the use of the Demised Premises changes to another use permitted under Section 2.1.7, such insurance shall, to the extent available, be consistent with such changed use. Tenant shall not do or permit to be done anything ~~that~~ which will invalidate ~~or increase the cost of~~ any fire~~, environmental~~, extended coverage or any other insurance policy covering the Building and ~~the Project, and~~ Demised Premises. Tenant shall comply with all reasonable rules, orders, regulations and requirements of the insurers of the ~~Building and the Project, and~~ Demised Premises. Tenant shall ~~promptly, upon demand, reimburse Landlord~~ pay for any additional premium charged for ~~such~~ any policy by reason of Tenant’s failure to comply with the provisions of this Section, or by reason of Tenant’s particular use of the Demised Premises. ~~10.4.~~ 9.4 Tenant shall ~~keep~~ make available to Landlord, upon at least a forty-eight (48) hour advance notice, the opportunity to inspect the Demised Premises. Additionally, Tenant agrees to maintain keys for all locked doors ~~opening onto public corridors closed, except when~~ in ~~use for ingress and egress. 10.5~~the Demised Premises in a fire department controlled lock box located on the Demised Premises. ~~No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without~~ Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which access shall be subject to such reasonable controls as are necessary for preserving Tenant’s trade secrets and to maintain Landlord’s ~~prior written consent. Interior signs on doors and~~ safety. 9.5 Tenant shall keep the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display exterior appearance of the ~~name~~ Demised Premises in a neat and ~~location of tenants only. Tenant shall not place anything on~~ attractive condition, comparable to the ~~exterior~~ appearance as of the ~~corridor walls or corridor doors other than Landlord’s standard lettering. 10.8~~Term Commencement Date. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. FurtherIn this regard, Tenant shall not place any unsightly items on the Demised Premises which are visible from the surrounding areas. 9.6 No equipment weighing ~~five hundred (500) pounds~~ in excess of the load per square foot which such floor was designed to carry, or ~~greater within the Premises without Landlord’s prior written approval~~which is allowed by law, ~~and such equipment~~ shall be placed ~~in a location designed~~ upon the Demised Premises. As part of the Corrective Work, the second floor is being retrofitted to ~~carry the weight~~ support 80 pounds of ~~such equipment~~live load, plus 20 pounds of partition load, per square foot. ~~10.9.~~ 9.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for ~~immoral or~~ unlawful purposes, nor shall Tenant ~~knowingly~~ cause, maintain or permit any nuisance or waste ~~in,~~ in or on ~~or about~~ the Demised Premises~~, the Building or the Project~~. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Fourth Lease Amendment and Assignment Agreement (Tanox Inc)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the ~~Project,~~ Project and shall comply with all commercially reasonable rules, orders, regulations and requirements of the insurers of the Building and the ~~Project~~Project of which Tenant is advised in writing; provided, ~~and~~ however, that Tenant may use the Premises for a Permitted Use that increases the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building or the Project shall if Tenant shall promptly pay for all such increases; provided further, however, that if any such use by Tenant is not insured by Landlord’s insurance provider or an insurance provider reasonably acceptable to Landlord in Landlord’s sole discretion, then such use by Tenant is specifically prohibited under the terms of this Lease. If Tenant fails to observe or perform the forgoing obligations, Tenant shall have thirty (30) days after written notice from Landlord to cure such default. Further, Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article after the expiration of applicable notice and grace periods. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the ~~windowsills~~windowsills or items attached to windows that are visible from outside the Premises. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any exterior part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building~~, ~~the size, appearance and characteristics of~~ which ~~shall~~ may be ~~subject to~~ granted or withheld in Landlord~~’s prior written consent~~'s sole discretion. Interior ~~signs on doors~~ directory and ~~the directory tablet~~ suite Signage shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type ~~acceptable to Landlord~~and be located in a place consistent with that used for other tenants in the Building. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor ~~doors other than~~ doors. 12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s ~~standard lettering.~~prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. ++++ ~~10.8~~12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent unusual or unreasonable sounds or vibrations therefrom from extending into the Common ~~Areas~~ Area or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure ~~or unreasonably annoy~~ them, or (b) use or allow the Premises to be used for ~~immoral or~~ unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner unreasonably and adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. Notwithstanding anything in this Lease to the contrary, Tenant may not install any security systems (including cameras) outside the Premises or that record sounds or images outside the Premises without Landlord’s prior written consent, which Landlord may withhold in its reasonable discretion. ++++ 12.11. Except to the extent compliance is required as a result of the Tenant Improvements, any Alterations, or Tenant’s particular use of the Premises (as opposed to office and lab use generally), Landlord shall be responsible for ensuring the Common Areas of the Building comply with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ~~10.10~~, and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Landlord shall indemnify, save, defend and hold Tenant harmless from and against any demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure to comply with the ADA. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises and the Common Areas (but only to the extent compliance of the Common Areas is required as a result of the Tenant Improvements, any Alterations or Tenant’s particular use of the Premises as opposed to office or lab use generally or Tenant’s failure to maintain the Premises as required by this Lease) with the ~~Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “~~ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee, ground lessor or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements)~~ Claims arising out of any such failure ~~of such improvements~~ to comply with the ADA. ~~Notwithstanding~~ This Section (as well as any other provisions of this Lease dealing with indemnification of the ~~foregoing,~~ Landlord Indemnitees by Tenant) shall be ~~responsible for all liabilities, costs and expenses arising out of or~~ deemed to be modified in ~~connection with~~ each case by the ~~compliance~~ insertion in the appropriate place of the ~~existing structural portions and tenant improvements of the Premises as of the date of this Lease, the~~ following: “~~path of travel” into and within the Building (but not within the Premises,~~ except as ~~specifically described~~ otherwise provided in ~~this sentence) and the Project’s parking lots~~Mass. G.L. Ter. Ed., ~~walkways and landscaping areas with the ADA~~C. 186, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. Section 15.” The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12. Tenant shall maintain temperature and humidity in the Premises in accordance with ASHRAE standards at all times; provided, however, that Tenant shall not be in default of the forgoing obligation to the extent Landlord fails to supply the quantities of circulating water necessary to maintain temperature and humidity in the Premises in accordance with ASHRAE standards. 12.13. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable Governmental Authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable Governmental Authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) and (n) a wastewater treatment operator license from the Commonwealth of Massachusetts with respect to Tenant’s use of the Acid Neutralization Tank (as defined below) in the Building. Tenant shall not introduce anything into the Acid Neutralization Tank (x) in violation of the terms of the MWRA Permit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tank. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the wastewater treatment operator license. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to this Section.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

Use. ~~10.1.~~ 12.1 Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2.~~ 12.2 Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of ~~any of the above, or that in Landlord’s reasonable opinion violates~~ any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. Landlord represents to Tenant as of the Effective Date that, to the best of Landlord’s knowledge, office and general laboratory uses are permitted in the Building under applicable zoning ordinances. ~~10.3.~~ 12.3 Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the ~~Project~~Project applicable to the Tenant’s Improvements and Tenant’s use and occupancy of the Premises, and Tenant shall promptly, upon ~~demand~~demand (accompanied by reasonable supporting documentation evidencing that such increase is due to Tenant’s failure to comply with this Section), reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. Landlord represents to Tenant as of the Effective Date, to the best of Landlord’s knowledge, the use and occupancy of the Premises for office and general laboratory uses will not invalidate or increase the cost of Landlord’s commercial property insurance covering the Building. ~~10.4.~~ 12.4 Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5.~~ 12.5 No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written ~~consent~~consent except as otherwise approved by Landlord in the Approved Plans (it being understood that Tenant intends to install a key-card access system to the Premises as depicted in the Approved Plans). Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6.~~ 12.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings except as otherwise approved by Landlord, which approval shall not be unreasonably withheld (it being understood that certain windows in the Premises may require specialized window coverings, for example, black-out shades). Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7.~~ 12.7 No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ . Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. ~~Interior~~ For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage not removed by Tenant upon the expiration or earlier termination of the Lease. Notwithstanding the foregoing, building-standard interior signs on entry doors to the Premises and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at ~~Tenant~~Landlord’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. ~~10.8~~12.8 Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant may place such equipment only in a location designed to carry the weight of such equipment.. 12.9 Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9.~~ 12.10 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure ~~or unreasonably annoy~~ them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10.~~ 12.11 Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, Ground Lessor, Wexford Science & Technology, LLC, Wexford Development, LLC and Wexford Science Center 2, LLC, any lender, mortgagee or beneficiary (each, a “Lender”), the Association and their respective affiliates, employees, agents and contractors (all of the foregoing are collectively the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding~~ In addition, Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the ~~foregoing~~cost of, ADA Title III “path of travel” requirements triggered by alterations within the Premises made subsequent to the Delivery Date by, or at the request of, Tenant. Except as provided in the preceding sentence, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the ADA compliance of (x) the Unit Common Areas, and (y) the Tenant Improvements on the Delivery Date (with the ADA as it was in effect as of the Delivery Date), provided that Tenant shall be responsible for compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas Tenant Improvements with the ~~ADA~~ADA with respect to (x) any changes to the Tenant Improvements after the Delivery Date and (y) modifications, amendments and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord changes to ~~make such aspects of~~ the ~~Project comply with~~ ADA after the ~~ADA~~Delivery Date. The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12 In addition to the general requirements set forth above, Tenant shall not use, operate, maintain or alter the Premises, or allow or suffer the actions of third parties in their use, operation, maintenance or alteration of the Premises, so as to violate the Tax Credit Requirements, as defined and set forth below. a. The terms that follow have the indicated definitions:

Appears in 1 contract

Samples: Lease (Spark Therapeutics, Inc.)

Use. ~~10.1. Tenant~~ The Premises shall ~~use the Premises~~ be used solely for the ~~purpose~~ Permitted Use set forth in ~~Section 2.12~~the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and ~~shall not use~~ restrictions now or hereafter applicable to the Premises, ~~or permit or suffer~~ and the ~~Premises to be used~~use and occupancy thereof (collectively, ~~for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~"Legal Requirements"). Tenant ~~shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and~~ shall, upon ~~five (5)~~ 5 days’ ' written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of any of Legal Requirement. Tenant will not use or permit the ~~above~~Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or ~~that in Landlord’s reasonable opinion violates~~ cause the disallowance of any ~~of the above~~sprinkler or other credits. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this ~~Section. 10.4~~Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant ~~shall keep all doors opening onto public corridors closed~~will use the Premises in a careful, ~~except when in use for ingress~~ safe and ~~egress. 10.5. No additional locks~~ proper manner and will not commit waste, overload the floor or ~~bolts of any kind shall be placed upon any~~ structure of the ~~doors or windows by Tenant~~Premises, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of subject the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of to use that would damage the Premises or obstruct or interfere with the ~~Building without Landlord’s prior written consent; provided that Tenant shall have~~ rights of Landlord or other tenants or occupants of the ~~right to install a sign with its name and corporate logo~~ Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the ~~exterior of~~ Premises, or using or allowing the ~~Building, the size, appearance and characteristics of which shall~~ Premises to be ~~subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed~~ used for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8any unlawful purpose. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into ~~the~~ Common ~~Areas~~ Areas, or other ~~offices~~ space in the ~~Building~~Project. ~~Further,~~ Tenant shall not place any machinery or equipment weighing ~~five hundred (500)~~ 500 pounds or ~~greater within~~ more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without ~~Landlord’s~~ the prior written ~~approval~~consent of Landlord. Except as may be provided under the Work Letter, ~~and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9.~~ Tenant shall ~~not (a) do or permit anything to be done in or about~~ not, without the prior written consent of Landlord, use the Premises ~~that shall~~ in any ~~way obstruct~~ manner which will require ventilation, air exchange, heating, gas, steam, electricity or ~~interfere with~~ water beyond the ~~rights of other tenants or occupants~~ existing capacity of the ~~Building or the Project, or injure or unreasonably annoy them, or (b) use or allow~~ Project as proportionately allocated to the Premises ~~to be used~~ based upon Tenant's Share as usually furnished for ~~immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about~~ the ~~Premises, the Building or the Project. 10.10~~Permitted Use. ~~Notwithstanding any other provision herein to the contrary, Tenant~~ Landlord shall be responsible for ~~all liabilities, costs and expenses arising out of or in connection with~~ the compliance of the ~~Premises~~ Project with Legal Requirements, including the Americans ~~with~~ With Disabilities Act, 42 U.S.C. § (S) 12101, et seq. (together with regulations promulgated pursuant thereto, ~~the “~~"ADA”"), as of the Delivery Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall ~~indemnify~~make any alterations or modifications, ~~defend and hold harmless Landlord from and against any loss~~to the interior or the exterior of the Premises or the Project, ~~cost~~that are required by Legal Requirements (including, ~~liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ without limitation, compliance of ~~any failure of such improvements to comply~~ the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the ~~foregoing~~contrary, ~~Landlord~~ but subject to Landlord's obligations as of the Delivery Date of the Lease, 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 ~~and expenses~~ of suit) (collectively, "Claims") arising out of or in connection with ~~the compliance~~ any failure of ~~the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within~~ the Premises, ~~except as specifically described in this sentence)~~ or the Project to the extent related to Tenant's use or occupancy of the Premises, to comply with any Legal Requirement from and after the ~~Project’s parking lots, walkways and landscaping areas with the ADA~~Delivery Date, and ~~Landlord~~ Tenant shall indemnify, ~~defend~~ defend, hold and ~~hold~~ save Landlord harmless ~~Tenant~~ from and against any ~~loss, cost, liability or expense (including reasonable attorneys’ fees~~ and ~~disbursements)~~ all Claims arising out of or in connection with any failure of ~~Landlord~~ the Premises, or the Project to ~~make such aspects~~ the extent related to Tenant's use or occupancy of the ~~Project~~ Premises, to comply with any Legal Requirement from and after the ~~ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~Delivery Date.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

Use. ~~10.1. Tenant shall use the Premises for the purpose set forth in Section 2.12, and~~ Tenant: (a) shall not use the Demised Premises for any unlawful purpose or act; shall not commit waste or damage to the Demised Premises; shall, at Tenant's expense, comply with and obey all federal, state, municipal and other applicable laws, regulations, or ~~permit~~ orders of any governmental authority or ~~suffer~~ agency relating to the operating, managing, insuring, equipping, repairing, replacing and maintaining of the Demised Premises to ~~be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2.~~ the extent the same are otherwise the obligation of Tenant ~~shall not use or occupy the Premises in violation of Applicable Laws~~under this Lease; ~~zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five~~ (5b) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all ~~rules, orders,~~ reasonable rules and regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the ~~display of the name and location of tenants only. Tenant~~ building as promulgated by Landlord; (c) shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Demised Premises ~~that shall~~ which will in any way materially obstruct or interfere with the rights of other tenants or occupants of the ~~Building~~ Landlord or injure them; (d) shall not use or permit the use of the Demised Premises as living quarters, sleeping rooms, or overnight accommodations; (e) shall follow and abide by all historic covenants on the building and ensure compliance with any and all applications and approvals by state or local historic organizations; and (f) shall not do or permit anything to be done which will invalidate any fire and extended coverage, public liability and property damage insurance on or as to the Demised Premises, or increase the premium rates therefor. Tenant shall comply with all reasonable requests of any carrier of the foregoing insurance risks. Landlord shall not be responsible to Tenant for non-performance by any occupant of the Demised Premises of the rules and regulations promulgated by Landlord. Tenant agrees as follows: Tenant shall not engage or cause to engage or condone an activity or activities or performance of activity with respect to lewd or crude behavior including but not limited to profanity, nudity, diverse contests either inside or outside of the Demised Premises or within the property lines including but not limited to advertising, banners, signage, programs, contests, promotional flyers or items, interior or exterior decor, window clings or window signage. All garbage and refuse shall be kept in the size and kind of container specified by Landlord. Tenant shall not burn any trash or garbage in or about Demised Premises. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. Tenant shall not permit or place any obstructions in the outside areas immediately adjoining the Demised Premises including but not limited to the sidewalks in front of and to the side of the Demised Premises or the ~~Project, or injure or unreasonably annoy them, or (b) use or allow~~ parking lot to the side of the Demised Premises. The plumbing facilities in the Demised Premises to shall not be used for ~~immoral or unlawful purposes~~any purpose other than that for which they are constructed, ~~nor shall Tenant knowingly cause, maintain or permit~~ and no foreign substance of any ~~nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant~~ kind shall be ~~responsible for all liabilities, costs~~ introduced therein and ~~expenses arising out of or in connection with~~ the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense ~~(including reasonable attorneys’ fees and disbursements) arising out~~ of any ~~failure~~ breakage, stoppage, or damage resulting from a violation of ~~such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord~~ this provision shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseborne by Tenant.

Appears in 1 contract

Samples: Lease Agreement

Use. ~~10.1.~~ Tenant ~~shall~~ may use and occupy the Demised Premises for the ~~purpose set forth~~ purposes specified in Section ~~2.12,~~ 1(a)(12) and ~~shall not use the Premises, or permit or suffer the Premises to be used,~~ for ~~any~~ no other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~purposes whatsoever. Tenant shall not use or ~~occupy~~ permit the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Demised Premises to be used for ~~immoral~~ any other purpose or ~~unlawful purposes~~purposes without the prior written consent of Landlord, ~~nor shall Tenant knowingly cause~~which consent may be granted or withheld in Landlord's reasonable discretion. Attached to and made a part hereof as Exhibit L hereto are the following: (i) a letter dated July 6, ~~maintain or permit any nuisance or waste in~~1998 (the "Use Permit Letter") from Xxxxxx Xxxxxx Block, ~~on or about~~ Assistant City Attorney for the ~~Premises~~City of Rockville, Maryland to Xxxxxxxx X. Xxxxxx, Esquire; and (ii) a letter dated June 5, 1998 (the "Initial Letter"), from Xxxxxx Xxxxxx Block, Assistant City Attorney for the City of Rockville, Maryland to Xxxxxxx Komiers, Esquire. The Initial Letter and the Use Permit Letter (collectively, the ~~Building or~~ "County Letter") state that there is an existing use permit (No. U-279-83) (the ~~Project. 10.10~~"Use Permit") which governs the permitted use of the Building. Notwithstanding ~~any other provision herein~~ anything in this Lease to the contrary, (i) Tenant acknowledges that Landlord has not made any representations to Tenant as to whether Tenant's intended use(s) of the Building complies with the Use Permit, and (ii) Tenant shall ~~be responsible~~ not use the Demised Premises (or any portion thereof) or permit any party to use the Demised Premises (or any part thereof) for ~~all liabilities~~any purpose which would (x) violate the Use Permit, ~~costs and expenses arising out of~~ or (y) violate any applicable governmental law, code, rule, statute, regulation or order. Upon Tenant's request, Landlord shall (at no cost to Landlord) cooperate with Tenant in connection with any reasonable modifications that Tenant desires that the ~~compliance~~ City of Rockville make to the Use Permit, provided such modifications are consistent with the zoning of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Samples: Office Building Lease (Pe Corp)

Use. ~~10.1.~~ Tenant shall use and occupy the Premises only for the ~~purpose~~ use set forth in ~~Section 2.12,~~ Article 1.G. of the Basic Lease Provisions and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises ~~in violation~~ or permit the same to be used or occupied for any other purpose without the prior written consent of ~~Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from~~ Landlord, ~~discontinue any use of the Premises that is declared~~ which consent may be given or ~~claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that~~ withheld in Landlord’s ~~reasonable opinion violates any~~ sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the ~~above~~Project. Tenant ~~shall~~ shall, at its sole cost and expense, promptly comply with ~~any direction of any Governmental Authority having jurisdiction that shall~~all laws, ~~by reason of~~ statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the ~~nature of Tenant’s~~ condition, use or occupancy of the Premises or the Project (excluding alterations or improvements that are required to be constructed that are not related to Tenant’s particular use of the Premises), ~~impose any duty upon Tenant~~ and (ii) improvements installed or ~~Landlord with respect to~~ constructed in the Premises by or ~~with respect~~ for the benefit of Tenant (excluding the Landlord’s Work, the compliance for which Landlord shall be responsible at Landlord’s sole cost). Tenant shall not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises to occupy the ~~use or occupation thereof. 10.3~~Premises at any time. Tenant shall not do or permit to be done anything ~~that will~~ which would invalidate or increase (unless Tenant agrees to pay for such increase and Landlord reasonably consents to such actions by Tenant giving rise to such increase) the cost of any ~~fire, environmental,~~ fire and extended coverage ~~or any other~~ insurance policy covering the ~~Building~~ Project and/or the property located therein and ~~the Project, and~~ Tenant shall comply with all rules, orders, regulations and requirements of ~~the insurers of the Building and the Project~~any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall ~~promptly,~~ promptly upon ~~demand,~~ demand reimburse Landlord for any additional premium ~~charged~~ charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Aruba Networks, Inc.)

Use. ~~10.1~~(a) Tenant shall use the Leased Premises solely for the purpose of general office space. Tenant shall use the Leased Premises for ~~the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any~~ no other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord. In addition, ~~which consent Landlord may withhold~~ Tenant covenants and agrees to operate its approved business in ~~its sole~~ a first-class, reputable and ~~absolute discretion~~efficient manner, throughout the Term °runs Lease in or on the Leased Premises. ~~10.2.~~ (b) Tenant shall ~~not use or occupy~~ be entitled to place, at Tenant's sole cost and expense. a sin panel on the ~~Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued~~ pylon sign to be constructed for the Building, which pylon sign shall be constructed by Landlord at its sole cost and ~~shall~~expense within thirty (30) days following the Commencement Date. The location and appearance of such sign and panel are shown on the attached Exhibit "C". Landlord shall furnish and install building standard graphics including Tenant's name and/or logo on all Building directories and at Tenant's entry door, ~~upon five~~ at Landlord's cost. (5c) ~~days’~~ The Project will be at all times under the control, management and operation of Landlord: provided. However, nothing in this subparagraph (c) shall create liability on the part of Landlord, if such liability arises out of any obligation undertaken by Tenant under this Lease. Landlord may from time to time (i) alter or redecorate the Project (including any Common Area) or construct additional facilities adjoining or approximate to the Project: (ii) close, temporarily, doors, entryways, public spaces and corridors and interrupt or suspend, temporarily, Building services and facilities in order to perform any redecorating or alteration or in order to prevent the public from acquiring prescriptive rights in any Common Area; (iii) change the name or street address of the Building: and (iv) install, maintain or change a sign or signs on the exterior or interior of the Building. (d) Landlord will use commercially reasonable efforts not to disrupt Tenant's operations in the Leased Premises during the proper exercise of Landlord's rights under Paragraph 6(c) or Paragraph 20 hereof, but it is not required to incur any unreasonable expenses in order to minimize the disruption. Tenant hereby waives all claims for damages. injuries or interference with Tenant's business, loss of occupancy, or quiet enjoyment and for claims under any other laws resulting from the proper exercise by Landlord of any right under Paragraph 6(c) or Paragraph 20 hereof. No proper exercise by Landlord of any right under Paragraph 6(c) or Paragraph 20 hereof constitutes actual or constructive eviction or breach of any expressed or implied covenant for quiet enjoyment. (e) If, at any time during the Term, Tenant vacates, abandons, or ceases its operation at the Lease Premises for more than ninety (90) days (except as a result of casualty or condemnation). Landlord shall provide written notice ~~from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction~~ to ~~be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above~~Tenant thereof. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. and if Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord have recommenced its occupancy for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of operation at the Premises ~~other than Landlord’s standard window coverings. Neither the interior nor exterior~~ within thirty (30) days following receipt of ~~any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent~~such notice, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant then Landlord shall have the right to ~~install a sign with its name~~ immediately recapture the Leased Premises and ~~corporate logo~~ in such event, the Lease Term shall expire and end on the ~~exterior of~~ date stated in Landlord's notice (the ~~Building~~"Recapture Notice"), ~~the size, appearance and characteristics of~~ in which ~~shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by~~ event neither Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. nor Tenant shall ~~not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause~~ have any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, further liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premiseshereunder, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall for those obligations which expressly survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Deep Down, Inc.)

Use. ~~10.1~~(a) The Premises may be used by the Tenant for school purposes and all ancillary uses typically appurtenant thereto (the “Permitted Use”) and for no other purpose. Tenant ~~shall use~~ agrees to comply with the rules and regulations established for Landlord’s Property and the Premises ~~for~~ annexed hereto as Exhibit B. Tenant shall not alter or replace any lock on any base Building door, or place any signs or notices on the ~~purpose set forth in Section 2.12~~doors, ~~and~~ walls, or windows of the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall not use the Premises, or permit ~~or suffer~~ the Premises to be used, ~~for~~ in any ~~other purpose without Landlord’s prior written consent~~manner which (i) violates any applicable law, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the aboverule, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use regulation; (ii) causes or ~~occupancy of the Premises, impose any duty upon Tenant or Landlord with respect~~ is reasonably likely to cause damage to the Premises or ~~with respect to~~ the ~~use~~ Landlord’s Property; (iii) violates a requirement or ~~occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost~~ condition of any ~~fire, environmental,~~ fire and extended ~~coverage or any other~~ insurance policy covering the ~~Building and~~ Premises or Landlord’s Property, or increases the ~~Project~~cost of such policy; or (iv) constitutes or is reasonably likely to constitute a nuisance, ~~and shall comply with all rules~~annoyance or inconvenience to neighbors, ~~orders~~adjoining property owners, ~~regulations and requirements~~ and/or other tenants or occupants of ~~the insurers of the Building and the Project~~Landlord’s Property, ~~and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant~~or to Landlord’s ~~failure to comply with the provisions of this Section~~Property. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. (c) Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with at its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, maintain the Premises in a neat and ~~shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only~~clean condition. Tenant shall ~~not place anything on the exterior~~ be responsible for, and upon demand by Landlord shall promptly reimburse Landlord for, any damage to any portion of ~~the corridor walls or corridor doors other than~~ Landlord’s ~~standard lettering. 10.8. Tenant shall cause any office equipment~~ Property or ~~machinery to be installed in~~ the Premises ~~so as~~ caused by (i) Tenant’s activities in Landlord’s Property or the Premises; (ii) the performance or existence of any alterations, additions or improvements made by Tenant in or to ~~reasonably prevent sounds~~ the Premises; (iii) the installation, use, operation or ~~vibrations therefrom from extending into~~ movement of Tenant’s property in or about the ~~Common Areas~~ Landlord’s Property or ~~other offices in~~ the ~~Building~~Premises; or (iv) any wrongful act or omission by Tenant or its officers, employees, agents, contractors or invitees including, without limitation, school administrators, teachers, students and parents. ~~Further~~Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall not ~~place~~ be obligated to perform any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in work on or about the Premises ~~that~~ (x) which is structural in nature or which is Landlord’s obligation under this Agreement (provided, Tenant shall reimburse Landlord for the cost of such work as provided in ~~any way obstruct~~ this Agreement when such work is caused by Tenant’s acts or ~~interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them~~is requested by Tenant), or (by) ~~use~~ to remove or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out otherwise dispose of ~~or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.~~ hazardous materials (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of unless such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of hazardous materials are present at the Premises as a result of ~~the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project~~Tenant’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseactions).

Appears in 1 contract

Samples: Lease Agreement

Use. ~~10.1.~~ Notwithstanding anything contained herein to the contrary in this Lease, Tenant shall use the Premises for the ~~purpose~~ uses set forth in ~~Section 2.12~~the Basic Lease Information, and shall not use the ~~Premises, or permit or suffer the~~ Premises ~~to be used,~~ for any other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~purposes. Tenant shall be solely responsible for obtaining any necessary governmental approvals of such use. Tenant shall not ~~use~~ do, bring, or ~~occupy the Premises~~ keep anything in ~~violation of Applicable Laws; zoning ordinances;~~ or ~~the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of~~ about the Premises that ~~is declared or claimed by any Governmental Authority having jurisdiction to be~~ will cause a ~~violation~~ cancellation of any of insurance covering the ~~above, or that in Landlord’s reasonable opinion violates any of~~ Premises. If the ~~above. Tenant shall comply with any direction~~ rate of any ~~Governmental Authority having jurisdiction that shall,~~ insurance carried by ~~reason of the nature~~ Landlord is increased as a result 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost's use, Tenant shall pay to Landlord within thirty (30) days after Landlord delivers to Tenant a certified statement from Landlord's insurance carrier stating that the ~~cost~~ rate increase was caused solely by an activity of ~~replacing~~ Tenant on the ~~same or of changing~~ Premises as permitted in this Lease, a sum equal to the ~~lock or locks opened by such lost key if~~ difference between the original premium and the increased premium. Landlord shall ~~deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall~~ coordinate with Tenant the prescribing of the ~~Building. No curtains~~weight and position of all safes, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided fixtures and heavy installations that Tenant ~~shall have the right~~ desires to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place ~~anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed~~ in the Premises so as to ~~reasonably prevent sounds~~ distribute properly the weight, or ~~vibrations therefrom from extending into~~ to require plans prepared by a qualified structural engineer for such heavy objects, which shall be prepared at Tenant's sole cost and expense. Landlord agrees and understands that Tenant is subject to federal and state banking regulations that may supercede any requirements Landlord may impose (such as days and hours of operation) and other permitted uses and in such cases of conflict, Landlord agrees that the ~~Common Areas~~ requirements of the federal and state banking regulations shall prevail. Landlord agrees that Tenant shall have exclusive rights to retail banking and similar retail services in the Building and Landlord will not allow interior (excluding electronic building directory) or ~~other offices~~ exterior signage referring to another commercial banking entity in or on the Building. ~~Further~~. Landlord further agrees that it shall not, ~~Tenant shall not place~~ during the term of this Lease and any ~~equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval~~extensions thereof, ~~and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not~~ (a) do permit any other tenant or ~~permit anything to be done~~ occupant in ~~or about~~ the ~~Premises~~ main level (1st Floor) of the building that ~~shall~~ engages in any ~~way obstruct~~ form of banking or ~~interfere with the rights of other tenants~~ fxxxxxxxx xxrvices (including, without limitation, a credit union, savings & loan organization, automatic teller machine or ~~occupants of the Building or the Project~~machines, check cashing services, or ~~injure or unreasonably annoy them,~~ any other business that engages in the lending of and/or deposits of money and/or such negotiable interests) or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other ~~provision herein to~~ ATM (or electronic dispensing devices or night drop facilities) be located in any part of the ~~contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out~~ exterior of the building or in ~~connection with the compliance~~ any of the ~~Premises with the Americans with Disabilities Act~~parking and/or common area facilities, ~~42 U.S.C. § 12101~~provided, ~~et seq. (together with regulations promulgated pursuant thereto~~however, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out Securities brokerage firms will be an exception to Exclusive Use Rights of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseTenant.

Appears in 1 contract

Samples: Lease Agreement (American River Holdings)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.8 (the “Permitted Use”), and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon ~~five~~ ten (510) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article; provided, however, that no action of Tenant that increases the cost of any insurance shall constitute a Default so long as Tenant pays such increased cost. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall reasonably deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant shall have the right~~ , not to ~~install a sign with its name and corporate logo on the exterior of the Building~~be unreasonably withheld, ~~the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent~~conditioned or delayed. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall be entitled to Tenant’s Pro Rata Share of the maximum Building façade Signage permitted by Applicable Laws, the cost of which shall be at Tenant’s sole expense (which expense shall be included in the Costs (as defined in the Work Letter)). The design and placement of Tenant’s Building façade Signage shall be reviewed and approved by Landlord and Tenant as part of Landlord’s Work Plans and shall, if approved, be made part of the Approved Plans as defined in the Work Letter. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing ~~five~~ one hundred (~~500~~100) pounds or greater per square foot of equipment footprint within the ~~Premises~~ Premises, other than on the ground floor thereto, without Landlord’s prior written ~~approval~~approval (which approval shall not be unreasonably withheld, conditioned or delayed), and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Landlord shall correct, repair or replace any non-compliance of the Building exterior, the Tenant Improvements and the Common Area with all applicable building permits and codes in effect as of the Term Commencement Date, including, without limitation, the provisions of Title III of the Americans With Disabilities Act (“ADA”) in effect as of the Term Commencement Date. Said costs of compliance shall be at Landlord’s sole cost and shall not be part of Operating Expenses, but shall constitute Costs (as defined in the Work Letter) to the extent that such costs are part of the Approved Budget (as defined in the Work Letter) for the Tenant Improvements, as the Approved Budget may be amended pursuant to the Work Letter. Landlord shall correct, repair or replace any non-compliance of the Building exterior and the Common Area with any revisions or amendments to the ADA that become effective after the Term Commencement Date, provided that the cost of such repairs or replacements (amortized over the useful life thereof in accordance with GAAP, but in no event longer than ten (10) years) shall be included as Operating Expenses payable by Tenant. Tenant shall be ~~responsible~~ responsible, at its sole cost and expense, for all ~~liabilities~~other ADA compliance for the Premises, ~~costs and expenses arising out of or~~ including, without limitation, in connection with ~~the compliance~~ Tenant’s construction of any alterations or other improvements in the Premises ~~with~~ and the ~~Americans with Disabilities Act~~operation of Tenant’s business and employment practices in the Premises. The repairs, ~~42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto,~~ corrections or replacements required of Landlord or of Tenant under the ~~“ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ foregoing provisions of ~~any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord~~ this Section 10.10 shall be ~~responsible for all liabilities, costs and expenses arising out~~ made promptly following notice of ~~or in connection with the~~ non-compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from ~~and against~~ any ~~loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA~~Governmental Authority. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease with respect to any obligation accrued under this Section 10.10 before the date of expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Sonus Pharmaceuticals Inc)

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section ~~2.12,~~ 2.1.10 and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent,~~ consent of Landlord which ~~consent Landlord~~ may ~~withhold~~ be withheld in ~~its~~ Landlord's sole ~~and absolute~~ discretion. 10.2. Tenant shall not use or occupy the Demised Premises in violation of ~~Applicable Laws;~~ any federal, state and local laws and regulations, zoning ordinances; , or of the certificate of occupancy issued for the Building, and shall, upon five (5) ~~days’~~ days written notice from Lease Aid Association for Lutherans and Trega Biosciences, Inc. September 24, 1997 Landlord, discontinue any use of the Demised Premises ~~that~~ which is declared or claimed by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of ~~any~~ law, regulation or zoning ordinance or of ~~the above~~said certificate of occupancy, or ~~that~~ which in ~~Landlord’s~~ the reasonable opinion of Landlord violates ~~any~~ law, regulation or zoning ordinance or the certificate of occupancy; provided, however, that Tenant shall have the ~~above~~right, in good faith, to contest such alleged violation. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s 's use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and ~~the Project,~~ Project and shall comply with all rules, orders, ~~regulations~~ regulations, and requirements of the insurers of the Building and ~~the Project,~~ Project and Tenant shall ~~promptly, upon demand,~~ promptly within thirty (30) days of receipt of demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this ~~Section~~section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in ~~use~~ used for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by ~~Tenant,~~ Tenant nor shall any changes be made to in existing locks or the ~~mechanisms~~ mechanism thereof without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord which consent shall not be unreasonably withheld. Tenant ~~shall~~must, upon termination of this ~~Lease,~~ Lease return to Landlord all keys to offices and ~~restrooms~~ restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished ~~to Tenant~~ is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other ~~projections~~ projection shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s 's standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord~~’s prior written consent~~, nor shall any bottles, ~~parcels~~ parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord~~’s prior written consent~~. 10.7. Tenant will have the exclusive right to display it's signs on the Building subject to Landlord's prior written approval, (which approval shall not be unreasonably Lease Aid Association for Lutherans and Trega Biosciences, Inc. September 24, 1997 withheld or delayed), and subject to all restrictions and requirements of applicable law and of any covenants, conditions and restrictions or other written agreements now or hereinafter applicable to the Project. No other sign, ~~advertisement~~ advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without ~~Landlord’s~~ the prior written ~~consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior~~ consent of ~~the Building, the size, appearance and characteristics of which shall be subject to~~ Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any No equipment weighing five hundred (500) ~~pounds~~ pounds, or ~~greater within the Premises without Landlord’s prior written approval~~greater, ~~and such equipment~~ shall be placed in upon the Demised Premises without advance notice to and approval by Landlord and placement, if approved by Landlord, shall be at a location designed to carry the weight of such equipment. 10.9. Tenant shall not ~~(a)~~ do or permit anything to be done in or about the ~~Premises that~~ Demised Premises, Building or Project which use shall in any way ~~obstruct~~ be for an immoral, unlawful or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposesobjectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, ~~the~~ Building or ~~the~~ Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and ~~expenses~~ expense arising out of or in connection with the compliance of the ~~Premises~~ Demised Premises, Building or Project with the Americans ~~with~~ With Disabilities Act, 42 U.S.C. § Sec. 12101, et seq. (together with regulations promulgated pursuant thereto, ~~the “~~"ADA~~”),~~ ") and Tenant shall indemnify, defend and hold harmless ~~Landlord~~ from and against any loss, cost, liability or expense (including reasonable ~~attorneys’~~ attorneys fees and disbursements) arising out of any failure of ~~such improvements~~ the Demised Premises, Building or Project to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lion Bioscience Ag)

Use. ~~10.1.~~ a. Tenant ~~shall~~ covenants with Landlord not to use the Premises for any purpose other than general office use for the purpose set forth in Section 2.12, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2conduct of Tenant's business. Tenant shall not use ~~or occupy~~ the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ any other purpose without the prior written consent of Landlord. Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county, and municipal authorities, now in force or ~~unlawful purposes~~which may hereafter be in force, ~~nor~~ which shall impose any duty upon Landlord or Tenant ~~knowingly cause~~with respect to the condition, ~~maintain~~ maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business therein, including, without limitation, the Americans with Disabilities Act of 1990, as amended (the "ADA"), and all regulations promulgated thereunder, all Environmental Laws (hereinafter defined), and all applicable zoning and recycling laws and regulations (all of the foregoing collectively referred to herein as the "Legal Requirements"). Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with Legal Requirements, including without limitation, the ADA. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or ~~waste in~~unreasonable disturbances to other tenants of the Building or for any disorderly, on unlawful or ~~about~~ hazardous purpose. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any Legal Requirements or the regulations or directives of Landlord's insurance carriers, or in any manner which interferes with the quiet enjoyment of any other tenant of the Building. Tenant will not install or operate in the Premises any electrical or other equipment, other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as may be occasioned by the operation of said equipment or machinery. b. Tenant agrees to maintain the Premises, and any Alterations (hereinafter defined) therein, in good order, repair and condition during the Term at Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or added to pursuant to this Lease, and except for ordinary wear and tear. Landlord shall have no obligation to Tenant to make any repairs in or to the Premises. Any and all damage or injury to the Premises, the Building or the ~~Project. 10.10. Notwithstanding~~ Land caused by Tenant, or by any ~~other provision herein to the contrary~~employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be ~~responsible~~ promptly reported to Landlord and repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all ~~liabilities,~~ costs ~~and expenses arising out~~ incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlord's notice of ~~or in connection with~~ such costs. c. Tenant shall not place a load upon the ~~compliance~~ floor of the Premises ~~with~~ exceeding the ~~Americans with Disabilities Act~~designated floor load capacity of the Building without Landlord's prior written consent. Business machines, ~~42 U.S.C. § 12101~~mechanical equipment and materials belonging to Tenant which cause vibration, ~~et seq. (together with regulations promulgated pursuant thereto~~noise, cold, heat or fumes that may be transmitted to the ~~“ADA”), and Tenant shall indemnify, defend and hold harmless~~ Building or to any other leased space therein to such a degree as to be objectionable to Landlord ~~from and against~~ or to any ~~loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with~~ other tenant in the ~~ADA. Notwithstanding the foregoing, Landlord~~ Building shall be ~~responsible for all liabilities~~placed, ~~costs~~ maintained, isolated, stored and/or vented by Tenant at its sole expense so as to absorb and ~~expenses arising out of~~ prevent such vibration, noise, cold, heat or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leasefumes.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)

Use. ~~10.1~~(a) Use as Permitted Facility. ~~Tenant~~ During the Lease Term, each of the Properties shall ~~use the Premises~~ be used solely for the ~~purpose set forth in Section 2.12,~~ operation of a Permitted Facility. Except during periods when a Property is untenantable due to Casualty or Condemnation (and ~~shall not use the Premises, or permit or suffer the Premises~~ provided that Lessee continues to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to strictly comply with the ~~provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress~~ other terms and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination conditions of this Lease), ~~return~~ Lessee shall at all times during the Lease Term occupy the Properties and shall diligently operate its business on the Properties. (b) “Go Dark” Right. Notwithstanding any provision contained herein, Lessee shall not be in default under this Section 8.01 and a Property shall not be considered a “go dark” location unless and until Lessee fails to ~~Landlord all keys~~ continue to ~~offices and restrooms either furnished~~ operate its business at the Property for more than forty-five (45) consecutive days; provided, however, that within one hundred eighty (180) days following such forty-five (45) day period, Lessor may require Lessee to substitute such “go dark” property for a Released Property pursuant to Section 14.04 below or, if Lessee is unable to effect a substitution in accordance with Section 14.04, Lessor may permit Lessee to re-open such “go dark” Property or otherwise ~~procured by Tenant~~exercise Lessee’s assignment and subletting rights as permitted under this Lease. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant Lessee shall have the right to ~~install a sign~~ cease operations for business (“go dark”) for up to two (2) Properties at any given time during the Lease Term; provided, however, that Lessee may not cease operations or otherwise “go dark” with ~~its name and corporate logo~~ respect to the Properties, if any, set forth on ~~the exterior of the Building, the size, appearance and characteristics of which~~ Schedule 8.01 attached hereto. Lessee shall ~~be subject to Landlord’s prior~~ provide Lessor with written ~~consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be~~ notice of a ~~size, color and type acceptable~~ “go dark” Property at least ten (10) days prior to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADAProperty going dark. Notwithstanding the foregoing, ~~Landlord shall be responsible for all liabilities, costs~~ the terms and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Lease and Lessee’s obligations hereunder (including without limitation, the payment of Base Monthly Rental and other Rental without reduction, the maintenance of insurance as required under Section ~~10.10~~ 6.03, and Lessee’s maintenance obligations under Section 7.01) shall ~~survive~~ remain in full force and effect with respect to any Property that has gone dark. Notwithstanding the ~~expiration~~ foregoing, in no event shall Lessee go dark on a Property in any manner that would violate any Permitted Encumbrances in any material respect or ~~earlier termination~~ give a third party any right to acquire title to such Property as a result of ~~this Lease~~a Property going dark.

Appears in 1 contract

Samples: Master Lease Agreement

Use. ~~10.1.~~ 10.1 Tenant ~~shall~~ may use the Premises for any of those purposes, and only those purposes, allowed by (i) the ~~purpose set forth~~ City of San Diego Industrial Park (IP-1) Zone (formerly Scientific Research Zone) in ~~Section 2.12~~effect from time to time and as applicable to the Premises, (ii) any other applicable laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises, and (iii) all covenants, conditions and restrictions recorded against the Land, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord. Tenant may change the use of the Premises from time to time, as long as such changed use is authorized by this Section 10.1 or may otherwise be legally permissible, with the consent of Landlord, which consent ~~Landlord may withhold in its sole and absolute discretion~~shall not be unreasonably withheld. ~~10.2~~10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Tenant shall not use or occupy the Premises in violation of ~~Applicable Laws; zoning ordinances;~~ any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of ~~any~~ law or the certificate of ~~the above, or that in~~ occupancy. Subject to Landlord’s ~~reasonable opinion violates any of the above.~~ warranties set forth in Section 14.2, Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s specific use or and 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, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. ~~10.3.~~ 10.3 Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or materially increase the cost (unless Tenant agrees to pay such increased cost) of any fire~~, environmental~~, extended coverage or any other insurance policy covering the ~~Building~~ Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and ~~the Project~~conditions, and shall comply with all commercially reasonable rules, orders, regulations and requirements of the insurers of the Premises. 10.4 Subject to the terms of this Section 10.4, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. Subject to Landlord’s warranties set forth in Section 14.2, all responsibility for compliance with the ADA relating to the Building and the ~~Project, and~~ specific activities conducted therein by Tenant shall ~~promptly~~be exclusively that of Tenant and not of Landlord, ~~upon demand~~including any duty to make structural or capital improvements, ~~reimburse Landlord~~ alterations, repairs and replacements to the Building required by Tenant’s specific use of the Building. Any alterations to the Premises made by Tenant for ~~any additional premium charged for~~ the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such ~~policy by reason~~ alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s ~~failure to~~ responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this ~~Section~~Lease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. ~~10.4~~10.5 Tenant may install signage on and about the Premises as part of the construction of the Tenant Improvements to the extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance. Tenant ~~shall keep all doors opening onto public corridors closed~~acknowledges it is familiar with the restrictions of the City of San Diego Sign Ordinance, ~~except when in use for ingress~~ and ~~egress. 10.5. No additional locks~~ is not relying on any representations or ~~bolts~~ warranty of Landlord regarding the number, size or location of any ~~kind~~ signage. The expense of design, permits, purchase and installation of any signs shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord included in the cost of ~~replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change~~Tenant Improvements. ~~10.6.~~ 10.6 No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in at a location within the Building other than a location designed to carry the ~~weight~~ load of ~~such~~ the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. ~~10.9.~~ 10.7 Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or knowingly allow the Premises to be used for ~~immoral or~~ any unlawful ~~purposes~~purpose, nor shall Tenant ~~knowingly~~ cause, maintain or knowingly permit any nuisance or waste in, on on, or about the Premises~~, the Building or the Project~~. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease (Salmedix Inc)

Use. ~~10.1.~~ (a) Tenant ~~shall~~ will occupy and use the Premises for administrative offices, corporate sales (including customer seminars), research and development and related legal uses to the ~~purpose set forth in Section 2.12,~~ extent permitted under applicable zoning laws and for no other use. Tenant agrees not to use the Premises for any immoral or unlawful purpose. Tenant agrees that the Premises shall not ~~use~~ in any case at any time be used for a day care facility, a school, a hospital, a medical center, a residence, the wholesale manufacture, processing, or distribution of food, food products, or food ingredients or a playground. (b) Tenant shall not commit any acts on the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not nor use ~~or occupy~~ the Premises in ~~violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue~~ any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything manner that will ~~invalidate or~~ increase the ~~cost~~ existing rates for or cause the cancellation of any fire, ~~environmental~~liability, ~~extended coverage~~ or ~~any~~ other insurance policy ~~covering~~ insuring or hereinafter insuring the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks Premises or the ~~mechanisms thereof without Landlord’s prior written consent~~improvements on the Premises. Tenant shall, ~~upon termination~~ at Tenant's sole cost and expense, comply with all requirements of ~~this Lease~~Landlord's insurance carriers that are necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises. However, ~~return~~ if such compliance would result in capital repairs or improvements to the Property, Landlord ~~all keys~~ shall have the right to ~~offices~~ effect such compliance and ~~restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost,~~ Tenant shall pay to Landlord the cost of ~~replacing~~ such improvement amortized over the ~~same~~ useful life of such repair or improvement as reasonably determined by Landlord, (which, in any case, shall not exceed the remainder of ~~changing~~ the ~~lock or locks opened by such lost key if Landlord shall deem it necessary~~ Term for any repair to ~~make such change~~improvements unique to Tenant). ~~10.6~~(c) Tenant shall not use the Premises for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance, either private or public, in, on or about the Premises. No ~~awnings or other projections~~ sale by auction shall be ~~attached~~ permitted on the Premises. Tenant shall not place any loads upon the floors, walls or ceiling which might endanger or damage the structure; shall not place or spill, nor suffer to be released or spilled, any ~~outside wall~~ harmful substances or Hazardous Materials (defined herein) in the drainage system of the Building, nor on the Premises, the Building, or the Property; and shall not overload any electrical, mechanical, plumbing, sprinkler, or other systems. No ~~curtains, blinds, shades~~ waste materials or ~~screens~~ refuse shall be ~~attached~~ permitted to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant remain on any part of the Premises or outside of the Building ~~without~~ 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 where designated by Landlord~~’s prior written consent; provided that Tenant~~ . No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall ~~have the right~~ be stored or permitted to ~~install a sign with its name and corporate logo~~ remain on the ~~exterior of~~ roof (other than air conditioning units and antenna installations approved by Landlord) nor outside the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants onlyPremises. Tenant shall not place anything ~~on the exterior of the corridor walls~~ or ~~corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery~~ allow anything to be ~~installed in~~ placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be ~~placed~~ used in ~~a location designed to carry~~ or at the ~~weight of such equipment. 10.9~~Premises. Tenant shall not ~~(a) do~~ commit or ~~permit anything~~ suffer to be ~~done~~ committed any waste in or ~~about~~ upon the ~~Premises that~~ Premises. Tenant covenants and agrees Tenant shall in not be entitled to any ~~way obstruct~~ reduction of rent hereunder nor shall Landlord have any liability to Tenant because of diminution of right, air or ~~interfere with~~ view by any structure which may be hereafter erected (whether or not by Landlord), by the ~~rights of other tenants or occupants~~ use of the Building ~~or the Project~~by other occupants, or ~~injure~~ by the use of neighboring buildings or ~~unreasonably annoy them~~areas by others. Tenant shall comply with any covenant, condition or restriction affecting the Premises, which covenant, condition or restriction is of record as of the date of this Lease or, as to covenants, conditions or restrictions not of record as of the date of this Lease, only such covenants, conditions or restrictions which do not materially and adversely affect the Tenant's occupancy or use of the Premises. The provisions of this Section 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 Premises. (bd) ~~use or allow~~ Except as otherwise provided in Section 6(e) and following Tenant's acceptance of delivery of the Premises under Exhibit C, Tenant shall, thereafter, at Tenant's sole cost, promptly comply with all laws, statutes, ordinances, roles, regulations, orders, recorded covenants and restrictions, and requirements of all municipal, state, and federal authorities now or later in force, including, but not limited to, all provisions of the Americans with Disabilities Act (the ADA), all seismic and other earthquake protection measures being required by any governmental entity with regard to ~~be used for immoral~~ the Premises, any requirements of Title 24 of the California Code of Regulations, the requirements of any board of fire underwriters or ~~unlawful purposes~~other similar body now or in the future constituted, ~~nor shall Tenant knowingly cause~~and the direction or occupancy certificate issued by public officers (collectively, ~~maintain~~ the Legal Requirements), insofar as they relate to the condition, use, or ~~permit any nuisance or waste in, on or about~~ occupancy of the Premises, the ~~Building~~ construction of any Alterations (as hereinafter defined). If Tenant's compliance with Legal Requirements results in capital repairs or improvements to the Property, Landlord shall effect such compliance and Tenant shall pay to Landlord the cost of such improvement. The judgment of any court of competent jurisdiction or the ~~Project~~admission of Tenant in any action or proceeding against Tenant that Tenant has violated any Legal Requirement in the condition, use, or occupancy of the Premises, will be conclusive of that fact as between Landlord and Tenant. Notwithstanding anything to the contrary herein, in no event shall Tenant be required to perform or pay for alterations to the Base Building Improvements that are of a capital or structural nature and are required by Legal Requirements in effect prior to the Commencement Date unless such changes are required either because of alterations voluntarily made to the Premises by Tenant or due to Tenant's particular use of the Premises (as opposed to industrial uses generally). ~~10.10. Notwithstanding any other provision herein to~~ (e) Except in such circumstances where Tenant's compliance with Legal Requirements arises in connection with Tenant's special use of the ~~contrary~~Premises, ~~Tenant shall be responsible for all liabilities, costs and expenses~~ the correction or remediation of a violation arising out of or in connection with the ~~compliance~~ construction of ~~the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and~~ Alterations done by or on behalf of Tenant ~~shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability~~ or ~~expense (including reasonable attorneys’ fees and disbursements) arising~~ which violation arises out of or results from the actions of Tenant or any ~~failure~~ of ~~such improvements to comply with the ADA. Notwithstanding the foregoing~~Tenant's contractors, employees, licensees, invitees, or agents, Landlord shall be responsible for ~~all liabilities~~compliance with Legal Requirements to the extent that such compliance requires physical modifications to the foundation, ~~costs and expenses arising out of~~ roof, or ~~in connection with the compliance~~ structural walls of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this LeaseBuilding.

Appears in 1 contract

Samples: Office / R&d Lease (Kana Communications Inc)

Appears in 1 contract

Samples: Lease (Alnylam Pharmaceuticals, Inc.)

Appears in 1 contract

Samples: Lease Agreement (Synlogic, Inc.)

Use. 10.1. Tenant shall use the Demised Premises for the purpose set forth in Section ~~2.12,~~ 2.1.9 (the “Permitted Use”) and shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other purpose without ~~Landlord’s~~ the prior written ~~consent,~~ consent of Landlord which consent ~~Landlord may withhold in its sole and absolute discretion~~shall not be unreasonably withheld or delayed. 10.2. Tenant shall not use or occupy the Demised Premises in violation of ~~Applicable Laws;~~ any federal, state and local laws and regulations, zoning ordinances; , or the certificate of occupancy issued for the ~~Building~~Demised Premises, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Demised Premises ~~that~~ which is declared ~~or claimed~~ by any ~~Governmental Authority~~ governmental authority having jurisdiction to be a violation of ~~any~~ law, regulation or zoning ordinance or of ~~the above~~such certificate of occupancy, or ~~that~~ which in ~~Landlord’s~~ the reasonable opinion of Landlord violates ~~any~~ law, regulation or zoning ordinance or the certificate of ~~the above~~occupancy. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s use or occupancy of the Demised Premises, impose any duty upon Tenant or Landlord with respect to the Demised Premises or with respect to the use or occupation thereof. 10.3. Landlord acknowledges that so long as Tenant’s intended use of the Demised Premises is consistent with its past use of the Existing Space, to Landlord’s actual knowledge, there shall be no invalidation or cost increase of any insurance policy covering the Building. Notwithstanding the above, Tenant shall not do or permit to be done anything ~~that~~ which will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and ~~the Project, and~~ shall comply with all rules, orders, ~~regulations~~ regulations, and requirements of the insurers of the Building and ~~the Project, and~~ Tenant shall ~~promptly,~~ promptly upon ~~demand,~~ demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Section 10.3. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by ~~Tenant,~~ Tenant nor shall any changes be made to in existing locks or the ~~mechanisms~~ mechanism thereof without ~~Landlord’s~~ the prior written ~~consent~~consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant ~~shall~~must, upon termination of this ~~Lease,~~ Lease return to Landlord all keys to offices and ~~restrooms~~ restrooms, either furnished to to, or otherwise procured by Tenant. In the event any key so furnished ~~to Tenant~~ is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other ~~projections~~ projection shall be attached to any outside wall of the ~~Building~~building. No curtains, blinds, shades or screens which are visible from the Common Areas or from outside the Building shall be attached to or hung in, or used in connection with, any window or door of the Demised Premises other than Landlord’s standard window coverings, if any. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the express written consent of Landlord~~’s prior written consent~~, such consent not to be unreasonably withheld, nor shall any bottles, ~~parcels~~ parcels, or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without the express written consent of Landlord~~’s prior written consent~~, such consent not to be unreasonably withheld. 10.7. No sign, ~~advertisement~~ advertisement, or notice shall be exhibited, painted or affixed by Tenant on any part of the Demised Premises or the Building without ~~Landlord’s~~ the prior written ~~consent; provided that~~ consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant ~~shall have the right to install~~ may on a ~~sign with its name and corporate logo~~ non-exclusive basis place signage on the exterior of the ~~Building,~~ Building and Tenant’s logo in the Common Area of the Building on the floor occupied by Tenant; provided that (a) Landlord and Tenant agree upon the size, ~~appearance~~ design and ~~characteristics~~ location of ~~which shall be subject to Landlord’s prior written consent~~such exterior signage and (b) all such signage complies with all applicable laws, ordinances, codes, rules and regulations of the government authorities with jurisdiction over such matters. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the expense of Tenant~~’s sole cost and expense~~, and shall be of a size, color and type reasonably acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. ~~Tenant shall not place anything~~ Nothing may be placed on the exterior of ~~the~~ corridor walls or corridor doors other than Landlord’s standard ~~lettering~~lettering and Tenant’s logo, which may be placed on its corridor walls in a location and in a size, color and type acceptable to Landlord in Landlord’s reasonable discretion. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Demised Premises so as to reasonably prevent sounds or vibrations therefrom from extending into ~~the~~ Common ~~Areas~~ Areas, or other ~~offices~~ space in the Building. Further, ~~Tenant shall not place any~~ except for equipment located within the Existing Space on the Effective Date and set forth in Exhibit “F”, no equipment weighing five hundred (500) pounds or greater ~~within the Premises without Landlord’s prior written approval, and such equipment~~ shall be placed in upon the Demised Premises without advance notice to and consent by Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Placement of such equipment, if approved by Landlord, shall be only at a location designed to carry the weight of such equipment. 10.9. Tenant shall not ~~(a)~~ do or permit anything to be done in or about the Demised Premises ~~that~~ which shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use or allow the Demised Premises to be used for ~~immoral or~~ any unlawful ~~purposes, nor~~ purpose. Tenant shall ~~Tenant~~ not knowingly cause, maintain or permit any nuisance or waste in, on on, or about the Demised Premises, ~~the~~ Building or the ~~Project~~Land. Tenant may use a portion of the Common Area for an atrium area in accordance with Section 15. Landlord shall use its reasonable efforts to include a provision similar to the first two sentences of this Section 10.9 in all leases for any other tenants of the Building entered into from and after the Effective Date. Furthermore, Landlord agrees not to lease any space in the Building to a tenant whose primary and principal intended use of such space is any of the following: an employment agency, physician or dentist office, video or amusement arcade, indoor playground, bar, video store, repair shop, bowling alley, fast food restaurant, pawn shop, convenience store, liquor store, gym, fitness center or health club and/or beauty salon or spa. 10.10. ~~Notwithstanding~~ Other than costs which shall be included in Operating Expenses pursuant to Article 7 associated with causing the Demised Premises to comply with any ~~other provision herein~~ retroactively effective law, code, rule or regulation where noncompliance does not result from any use or alterations to the ~~contrary~~Demised Premises by Tenant, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Demised Premises (as distinguished from the Common Areas and/or the Building) with the Americans ~~with~~ With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, ~~the~~ “ADA”)) which provisions are first enacted after the Effective Date, or the compliance thereof is required as a result of an act or omission of Tenant, its agents, employees, contractors or invitees or as a result of Tenant’s (as opposed to another tenant’s) leasing of the Demised Premises; and Tenant shall indemnify, defend and hold Landlord harmless ~~Landlord~~ from and against any loss, cost, ~~liability~~ liability, or ~~expense~~ expense, (including reasonable ~~attorneys’~~ attorneys fees and disbursements) arising out of any failure of ~~such improvements~~ the Demised Premises (as distinguished from the Common Areas and/or the Building) to comply with the ~~ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or~~ ADA in ~~connection~~ accordance with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Emergent BioSolutions Inc.)

Use. ~~10.1~~Tenants shall not run any businesses or perform commercial or agricultureal activities on the premises. ~~Tenant~~ Tenants shall ~~use~~ not host any parties or gathering at the Premises ~~for~~ (defined as 10 people or more) that disturb the ~~purpose set forth in Section 2.12,~~ peace and quiet of neighbors. Tenants shall not ~~use~~ have kegs of beer or illegal substances on the ~~Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~property. Tenant shall not ~~use or occupy~~ smoke any substance inside the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the abovepremises. Tenant shall ~~comply with any direction~~ refrain from excessive noise at all times. Consumption of ~~any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy~~ alcohol is not permitted outside of the Premises~~, impose any duty upon Tenant~~ . No signs or ~~Landlord with respect~~ notices are to be placed in windows or on the ~~Premises or with respect to the use or occupation thereof. 10.3~~building grounds. Tenant is responsible for, shall ~~not do or permit to~~ be ~~done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project~~liable for, and shall ~~comply with all rules, orders, regulations~~ indemnify and ~~requirements~~ defend the Landlord and owners of the ~~insurers~~ Premise against any claim arising from Tenant’s own actions, as well as the actions of its invitees or guests while on the Premises. Any illegal activities such as providing a place for minors to consume alcohol shall be grounds for termination of the ~~Building and~~ Lease. Tenants shall not allow any persons to be on the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts roofs of any ~~kind~~ structure on the premises. Tenants shall ~~be placed upon~~ not have any of items outdoors around the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises property other than ~~Landlord’s standard window coverings~~items designed and sold as lawn or patio furniture. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises Fire egresses are to be used only for ~~immoral~~ emergency purposes. Tenants shall not store items in the basements or ~~unlawful purposes~~attics, ~~nor~~ or use these spaces for any reason. Tenant Initials: ____________________ Utilities & Services Provided by the Landlord. Utilities shall be paid by the parties as follows: Paid by Landlord Paid by Xxxxxx DESCRIPTION Electricity ____ __ Up to $ _____ for the term of the lease. Heating Fuel ____ _____ Up to $ ___________ for the term of the lease Sewer / Water __X_ ______ Up to $ ___________ for the term of the lease Hot Water ____ _____ ______________________________________ Plow & Mow __X_ __ ___ Tenant ~~knowingly cause~~responsible for walkways, stairs, egress Cable/Internet ____ __X___ No Dish Satelites on the property. Tenants agree and are required to keep the temperature between 65 and 72 degrees and keep the windows closed between November 1st and April 1st. Landlord may enter the Premises immediately and without notice to close windows left open during this time. Tenants agree to keep items 8” away from heat sources – baseboard, air vents, etc. Tenant is liable for any damage caused by failure to maintain ~~or permit any nuisance or waste in, on or about~~ proper temperature and utility service to the Premises. Tenants may not change the shower heads as energy efficient ones have been installed. If paying electricity, Tenants must call Emera Maine Electric Company at 207-973-2020 and have the ~~Building or~~ account set up for the ~~Project~~move in date. Tenants must keep the electricity turned on at all times during their lease. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Residential Lease

Use. ~~10.1~~Tenant will occupy the Leased Premises continuously and in entirety and will not use or permit any portion of the Leased Premises to be used for any purpose other than for general office space and related administrative activities. Tenant ~~shall use the Premises for the purpose set forth in Section 2.12, and shall~~ may not use the ~~Premises~~Leased Premises for any purpose which is unlawful, disreputable, adversely affects Landlord's leasing of the Building or increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant results in any increase in the cost of insurance covering the Building or its contents, Tenant agrees to pay to Landlord the amount of such increased cost as Additional Rent. Tenant will conduct Tenant's business and will control Tenant's agents, employees, licensees and invitees in such a manner as not to create any nuisance, or ~~permit~~ interfere with, annoy or ~~suffer the Premises to be used, for any~~ disturb other ~~purpose without~~ tenants or Landlord~~’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~. Tenant ~~shall not use or occupy~~ will maintain the Leased Premises in ~~violation of Applicable Laws~~a clean and healthful condition. Tenant, at Tenant's expense, shall comply and shall cause Tenant's agents, employees, licensees and invitees to comply fully with: (a) the Building Regulations; ~~zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five~~ (5b) ~~days’ written notice from Landlord, discontinue any~~ all Laws pertaining to Tenant's use of the ~~Premises that is declared or claimed by any Governmental Authority having jurisdiction~~ Leased Premises; (c) all other Legal Requirements, including all applicable Laws pertaining to ~~be a violation of any of the above~~air and water quality, ~~or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply~~ hazardous materials, waste disposal, all emissions and other environmental matters; and (d) all zoning and other land use matters and with any ~~direction~~ directive of any Governmental ~~Authority having jurisdiction that shall~~Authority, ~~by reason of the nature of Tenant’s use or occupancy of the Premises~~pursuant to Law, which shall impose any duty upon Landlord or Tenant ~~or Landlord with respect to the Premises or~~ with respect to the use or ~~occupation thereof. 10.3~~occupancy of the Leased Premises. Tenant will not erect or install any sign or other type of display whatsoever, either upon the exterior of the Building or on the Land, upon or in any window of the Building, or any Common Area, without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole discretion. Any signs or other type of display which Tenant installs without Landlord's prior written consent may be removed by Landlord and Tenant shall ~~not do or permit to be done anything that~~ reimburse Landlord for such cost promptly upon receipt of an invoice from Landlord. 90 Americans With Disabilities Act Requirements. Landlord is responsible for and will ~~invalidate or increase~~ maintain the Common Areas of the Building in substantial compliance with the public accommodations provisions of Title III of the Americans With Disabilities Act of 1990, as amended (the "ADA"), and Landlord shall bear the cost of any ~~fire~~improvements, ~~environmental~~repairs, ~~extended coverage~~ renovations or ~~any other insurance policy covering~~ modifications to the Common Areas that may from time to time be required to bring the Building ~~and~~ into compliance or maintain the ~~Project, and shall comply~~ Building's compliance with ~~all rules, orders, regulations and requirements~~ Title III of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4ADA. Tenant shall ~~keep all doors opening onto public corridors closed~~indemnify and hold Landlord harmless from and against any losses, ~~except when in use for ingress and egress. 10.5. No additional locks~~ costs, damages or ~~bolts~~ claims of ~~any kind shall be placed upon any of the doors or windows by Tenant~~whatever nature, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or requirements set forth in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, as amended, relating to the use and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects occupancy of the ~~Project comply with~~ Leased Premises and/or alteration and/or renovation of the ~~ADA~~Leasehold Improvements, including, but not limited to, any changes necessitated because of the specific needs of Tenant's employees. ~~The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.~~100 Landlord's Services and Other Obligations. Landlord and Tenant hereby agree as follows: -----------------------------------------

Appears in 1 contract

Samples: Office Lease (Catalog Com Inc)

Use. ~~10.1.~~ (a) Tenant shall use the Premises for ~~the purpose set forth in Section 2.12,~~ its commercial fish-buying and/or fish- unloading business and ~~shall not use the Premises, or permit or suffer the Premises~~ additional ancillary and compatible uses and services pursuant to ~~be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~paragraph 9.1 (b)(vii) of this lease. Tenant shall not use ~~or occupy~~ the Premises ~~in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued~~ for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony purposes without Landlord’s prior written consent. ~~10.7~~(b) Tenant shall develop, operate and maintain a first-rate and complete facility for the purpose of wholesale buying, unloading, storing, and shipment of fish and fish-related products and/or the non-exclusive right to sell fish on a retail basis as stipulated in subsection (ii) below. ~~No sign, advertisement or notice~~ Tenant shall ~~be exhibited, painted or affixed by~~ have all necessary permits for fish processing on display in order to engage in this activity. (i) Tenant shall provide on ~~any part of~~ the Premises all equipment required for the operation of said wholesale fish dealership, including winch and hoist for the purpose of loading or unloading of fish or other merchandise to and from vessels, and scales, skiff or equipment storage. Tenant may provide a second winch and hoist at a location approved in advance by the ~~Building without Landlord’s prior written consent; provided that~~ Harbor Master. (ii) Tenant shall have the non-exclusive right to ~~install~~ sell fish in the same condition as purchased directly from fishing boats at Pillar Point Harbor, on a ~~sign~~ retail basis, on a month-to-month basis, subject to written approval of Landlord of any plans, specifications and engineering and compliance with ~~its name~~ San Mateo County Local Coastal Plan and ~~corporate logo~~ zoning/land use regulations. Landlord shall retain the right to delete this right if storage, traffic, pedestrian or space problems occur. Tenant shall not be allowed to do any advertising for the retail fish operation on or off-site at any time except as may be permitted by Landlord at Landlord’s sole discretion. Violation of this provision will automatically rescind the ~~exterior~~ right by Tenant to sell fish on a retail basis. (iii) Tenant shall not buy fish or other seafood products from any vessel that exceeds eighty (80) feet in length, without permission of ~~the Building, the size, appearance~~ Landlord’s Harbor Master or General Manager. Permission shall not be arbitrarily withheld and ~~characteristics of which~~ shall be subject to appeal to the Harbor Commission. (iv) Tenant shall unload at the Premises only fish that it has either purchased or has caught in vessels owned or leased by Tenant, or has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord. There will be no fish processing on the second floor of the Premises. (v) Tenant shall provide documentation to the District for all fish unloaded that has been purchased by a registered holder of a valid Commercial Activity Permit issued by Landlord, which documentation shall include date of landing/unloading, name of vessel and vessel operator from whom the fish were unloaded, and name of Permit holder receiving the fish. (vi) Tenant agrees to keep free and clear a fifteen (15) foot wide area on Xxxxxxx Pier for common area access by all fish buyer tenants at all times, unless mutually agreed by all parties. (vii) Tenant shall have sole use of a seventeen feet by twenty-eight feet (17’ x 28’) area totaling four hundred seventy-six square feet (476 sq. ft.) in Parking Lot “A” as designated by the Landlord at Landlord’s ~~prior written consent~~sole discretion, to be used for storage of any gear, boxes or other items that are considered essential to the fish-buying operation. ~~Interior signs on doors and the directory tablet~~ Tenant shall be ~~inscribed~~solely responsible, ~~painted or affixed for Tenant by Landlord~~ at ~~Tenant’s sole cost and~~ its expense, for fencing in said area and securing the fenced-in area with a locked, secure gate. If the area so designated is not enclosed by Tenant on or before , 20 , Tenant shall ~~be of a size, color and type acceptable~~ forfeit said space to ~~Landlord. The directory tablet shall be provided exclusively~~ the Landlord for the ~~display~~ remainder of the ~~name and location~~ Lease Term. Landlord shall not be responsible for the security of ~~tenants only~~equipment or material stored. Tenant shall not ~~place anything~~ store hazardous material on the ~~exterior~~ Premises. If and when Landlord has other storage available, the fish buyers will move their storage to the new facility at Landlord’s request. Any expenses incurred will be at the sole expense of Tenant. Subject to the prior written approval of Landlord, Tenant may provide additional uses and services which are ancillary to, and compatible with, the required uses and services hereunder, provided that they are not incompatible with other uses and services allowed or required for other tenants at Pillar Point Marina. (viii) Tenant may place a sign or signs stating the name of Xxxxxx’s business on the front and landward side of the ~~corridor walls or corridor doors other than~~ pier building housing Tenant’s Premises with prior written approval of Landlord, and which comply with Xxxxxxxx’s ~~standard lettering~~Design Guidelines as amended. ~~10.8~~(c) Tenant’s operating schedule and prices shall comply with the following: (i) Beginning on the Commencement Date, all of the uses and services specified in Subsection 9.1(b) above shall be provided with full services on the Premises during the active fishing seasons, weather permitting, on call of Landlord personnel or as needed. (ii) Tenant shall, at all times, maintain a schedule of the prices charged for fish and fish products or charged for all goods or services or combinations thereof supplied to patrons on or from the Premises, whether the same are supplied by Tenant or by its sublessees, assignees, concessionaires, permittees, or licensees, and shall make said schedule available to Landlord. (iii) All rates and charges to customers purchasing on or from the Premises shall be reasonable and consistent with the quality of services and facilities offered and shall be no more than rates and charges for comparable services and facilities in Northern California. (d) Tenant’s rights to buy fish shall be non-exclusive, and Landlord retains the right to permit the purchase of fish from vessels at Pillar Point Harbor. Tenant shall ~~cause any office equipment or machinery to be installed~~ annually negotiate in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere good faith with ~~the rights of~~ other tenants ~~or occupants of~~ at Pillar Point and local fisherman to establish a commercially reasonable pricing schedule for fish purchases. To the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, extent such agreement on ~~or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs~~ pricing is reached and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoingimplemented each year, Landlord shall ~~be responsible~~ include in any permits that it issues for ~~all liabilities, costs and expenses arising out of or~~ fish purchases from vessels a Fee equal to that required in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentencesubsection 6.1(a) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Premises or any portion thereof, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the ~~Building and the Project~~Premises or any portion thereof, and shall comply with all rules, orders, regulations and requirements of the insurers of the ~~Building and the Project~~Premises or any portion thereof, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.. SMRH:418641422.8 18 ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any exterior part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written ~~approval~~consent, not to be unreasonably withheld, conditioned or delayed. Signage shall conform to Landlord’s design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. Subject to the provisions of this Section and conformance with all Applicable Laws, Tenant shall have the right to have (m) Building top Signage facing Genesee Avenue and/or Science Center Drive at Tenant’s election and (n) in the event there is any monument Signage for the Project with more than one slot, the top slot in such monument Signage; provided, in each case, that, such Signage rights shall be contingent upon (y) the Premises being at least as large as on the Execution Date and (z) Tenant occupying the entire Premises. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. 12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment ~~shall be placed~~ only in a location designed to carry the weight of such equipment. ~~10.9~~12.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful purposes, nor shall Tenant knowingly~~ objectionable purposes or (b) cause, maintain or permit any nuisance or waste in, on or about the Premises~~, the Building or the Project~~. ~~10.10~~12.10. Notwithstanding any other provision herein to the contrary, except as expressly provided in Section 5.1, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, SMRH:418641422.8 19 “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or~~ The Premises have not undergone inspection by a Certified Access Specialist (as defined in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADACalifornia Civil Code Section 55.52). The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Use. ~~10.1.~~ Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the ~~purpose~~ Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in ~~Section 2.12~~Exhibit C), ~~and shall not~~ other than compliance that is necessitated by the use ~~the Premises, or permit or suffer~~ of the Premises to for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be ~~used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~borne by Tenant). Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any ~~use~~ substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. Landlord and Tenant agree that ~~is declared~~ the “call center” restriction set forth above shall not restrict Tenant from maintaining an IT “help desk” to provide technical services to its customers or ~~claimed by any Governmental Authority having jurisdiction~~ telemarketing services to ~~be a violation of any~~ its customers, provided that those portions of the ~~above~~Premises dedicated to such use shall not exceed 10,000 square feet, and at all times, the population density within that portion of the Premises dedicated to such call center does not exceed one person for each two hundred twenty-five (225) rentable square feet in the Premises. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that ~~in Landlord’s reasonable opinion violates any of the above~~are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall ~~comply~~ conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with ~~any direction of any Governmental Authority having jurisdiction that shall, by reason~~ other tenants or Landlord in its management of the ~~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. 10.3~~Building. Tenant shall not do knowingly conduct or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed conducted in the Premises ~~so as to reasonably prevent sounds~~ any activity, or ~~vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not~~ place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building~~ or the ~~Project~~Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or ~~injure~~ any act or ~~unreasonably annoy them~~omission by Tenant, or ~~(b) use~~ its agents, employees, representatives, or ~~allow~~ contractors, such statement or threat shall be conclusive evidence that the ~~Premises~~ increase in such rate is due to ~~be used for immoral~~ such act of Tenant or ~~unlawful purposes, nor shall Tenant knowingly cause, maintain~~ the contents or ~~permit any nuisance or waste in, on~~ equipment in or about the Premises, ~~the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary~~and, as a result thereof, Tenant shall be ~~responsible~~ liable for ~~all liabilities, costs~~ such increase and ~~expenses arising out of or in connection~~ shall be considered Additional Rent payable with the ~~compliance~~ next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” brought into ~~and within~~ the Building ~~(but not within the Premises~~any dangerous, ~~except as specifically described in this sentence) and the Project’s parking lots~~noxious, ~~walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability~~ radioactive or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaseexplosive substance.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the ~~purpose set forth in Section 2.12~~Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress.. SMRH:418641349.9 18 ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. ~~10.7~~12.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ , not to be unreasonably withheld, conditioned or delayed. Signage shall ~~have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject~~ conform to Landlord’s ~~prior written consent~~design criteria. For any Signage, Tenant shall, at Tenant’s own cost and expense, (a) acquire all permits for such Signage in compliance with Applicable Laws and (b) design, fabricate, install and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of Tenant’s Signage upon the expiration or earlier termination of the Lease. In the event that the Building becomes a multi-tenant building, Landlord shall install a directory tablet, at its sole cost and expense, exclusively for the display of the name and location of tenants of the Building and shall inscribe, paint or affix Tenant’s information on the directory tablet for Tenant, at Tenant’s sole cost and expense. Interior signs on entry doors ~~and~~ to the ~~directory tablet~~ Premises shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord~~. The directory tablet shall be provided exclusively for the display of the name and location of tenants only~~. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Subject to the provisions of this Section and conformance with all Applicable Laws, Tenant shall have the right to have (m) Building top Signage facing Genesee Avenue and/or Science Center Drive at Tenant’s election and (n) in the event there is any monument Signage for the Project with more than one slot, the top slot in such monument Signage, provided in each case, that, such Signage rights shall be contingent upon (y) the Premises being at least as large as on the Execution Date and (z) Tenant occupying the entire Premises. At Landlord’s option, Landlord may install any Tenant Signage, and Tenant shall pay all costs associated with such installation within thirty (30) days after demand therefor. ~~10.8~~12.8. Tenant may only place equipment within the Premises with floor loading consistent with the Building’s structural design unless Tenant obtains Landlord’s prior written approval. Tenant may place such equipment only in a location designed to carry the weight of such equipment. SMRH:418641349.9 19 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~12.11. Notwithstanding any other provision herein to the ~~contrary~~contrary (except as otherwise provided in this Section), from and after the Term Commencement Date, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages, suits or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. ~~Notwithstanding~~ Landlord, at its sole cost and expense without recovery as Operating Expenses, shall cause the ~~foregoing~~Common Areas to comply (as of the Term Commencement Date) with the ADA; provided, however, that the foregoing shall not be deemed to require Landlord to incur any costs to upgrade the Project to meet current requirements under Applicable Laws to the extent not otherwise required by Applicable Laws (i.e., if such requirements do not currently apply to the Project due to a grandfather clause or similar provision under Applicable Laws). In the event that the Building becomes a multi-tenant building, Landlord shall be ~~responsible~~ responsible, at its sole cost and expense (and not subject to recovery as Operating Expenses or otherwise), for ~~all liabilities, costs and expenses arising out of or in connection with~~ causing the ~~compliance of the existing structural portions and tenant improvements of the Premises~~ Common Areas to comply (as of the date ~~of this Lease, the “path of travel” into and within~~ the Building ~~(but not within the Premises, except as specifically described in this sentence~~becomes multi-tenanted) ~~and the Project’s parking lots, walkways and landscaping areas~~ with the ADA, ~~and Landlord shall indemnify, defend and hold harmless Tenant from and against~~ including related to any ~~loss, cost, liability~~ interior or ~~expense~~ exterior modifications to the Building. The Premises have not undergone inspection by a Certified Access Specialist (~~including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA~~as defined in California Civil Code Section 55.52). The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Use. ~~10.1. Tenant shall~~ 6.1 Lessee may use and occupy the Leased Premises for the ~~purpose set forth in Section 2.12, and shall not~~ purposes of Xxxxxx’s continuing use of the ~~Premises, or permit or suffer the Premises~~ area for a building to ~~be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion~~support their distillery operations. ~~10.2. Tenant~~ 6.2 Lessee shall not use or occupy nor permit the Leased Premises or any part thereof to be used or occupied for any unlawful business, use, or purpose, not for any business, use, or purpose deemed extra-hazardous (i.e. storing or manufacturing explosive, radioactive, corrosive materials which pose an obvious threat to human health or the environment), or which would void or make voidable any insurance coverage, nor for any purpose or in any manner which is in violation of ~~Applicable Laws; zoning ordinances;~~ any present or future governmental laws or regulations. It shall be Xxxxxx’s sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the ~~certificate of occupancy issued for~~ leased premises, at Xxxxxx’s sole expense. Lessee shall not allow odors, fumes, or vibrations on the ~~Building~~leased premises beyond those odors, fumes, or vibrations reasonably. Lessee shall indemnify Lessor against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and ~~shall~~demands, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys~~’ fees and disbursements)~~ ' fees, arising out of any ~~failure~~ violation of or default in this covenant by Xxxxxx. 6.3 Lessee’s use of the Leased Premises is subject to Lessor’s use of no more than a sixteen (16) foot wide strip of the Leased Premises adjacent to the southern boundary of the Leased premises for the Trail, and related setbacks (collectively the “Trail Area"). The Trail Area is further defined in the attached Exhibit B. Xxxxxx agrees it shall not interfere with or prevent Xxxxxx’s use of the Leased Premises for the Trail such ~~improvements~~ as, but not limited to, blocking the trail with equipment or materials, covering the trail surface, or damaging the trail in any way. 6.4 Lessee acknowledges and understands that Xxxxxx’s use of the Leased Premises is subject to ~~comply with~~ use, ingress, and egress by the ~~ADA~~Highland Ditch Company. ~~Notwithstanding~~ The use of the ~~foregoing~~Leased Premises by the Highland Ditch Company is illustrated in the attached Exhibit C. 6.5 The existing storage building on the Leased Premises (the “Building”) may be used “as-is” until construction on the Trail commences. Upon ninety (90)-days written notice by the Lessor that Trail construction is commencing, ~~Landlord~~ Lessee shall modify the Building as necessary to allow for the construction of the Trail. Modifications to the Building shall be ~~responsible for all liabilities~~completed before June 1, ~~costs~~ 2024, unless extended by the Lessors in writing at its sole discretion. The modifications shall be constructed by the lowest qualified quote of a minimum of three (3) bidders subject to written Lessor approval. Such modifications shall be of similar design, material, quality, and ~~expenses arising out of or in connection with~~ construction to the ~~compliance~~ existing Building. The Building footprint cannot impede existing utilities, ditch access, and construction and use of the ~~existing structural portions and tenant improvements~~ Trail. Upon completion of the ~~Premises as~~ modifications to the Building reasonably necessary for the construction of the ~~date~~ Trail, Lessee shall submit to Lessor a written itemized invoice of ~~this Lease~~all reasonably incurred expenses directly related to the cost of the modifications to the Building. Upon sixty (60)-days of receipt of a written invoice, the ~~“path of travel” into and within~~ Lessor will pay the ~~Building (but not within~~ Lessee all reasonably incurred modification expenses. 6.6 To the ~~Premises~~extent reasonably feasible, ~~except as specifically described in this sentence) and the Project~~Lessor’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects construction of the ~~Project comply with~~ Trail segments impacting the ~~ADA. The provisions of this Section 10.10~~ Leased Premises shall ~~survive~~ occur in the ~~expiration~~ fall or ~~earlier termination of this Lease~~winter.

Appears in 1 contract

Samples: Lease Agreement

Use. ~~10.1.~~ Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises for any or all of the ~~purpose set forth in Section 2.12, and shall~~ Permitted Uses. Tenant may not use the ~~Premises, or permit or suffer the~~ Premises ~~to be used,~~ for any purpose other ~~purpose without~~ than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent ~~Landlord may withhold in its sole and absolute discretion. 10.2~~shall not be unreasonably withheld, qualified or delayed. Tenant shall ~~not use or occupy~~ conduct its operations and activities on the Premises in ~~violation of~~ material compliance with all Applicable Laws; ~~zoning ordinances; or the certificate of occupancy issued for the Building~~provided, ~~and shall, upon five~~ (5i) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to ~~install a sign~~ contest the enforcement or attempted enforcement of any Applicable Law, in good faith and with ~~its name and corporate logo on the exterior of the Building~~due diligence, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. (ii) Tenant shall not ~~place anything on~~ be deemed to 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 ~~exterior~~ same and the period of ~~the corridor walls or corridor doors other than~~ time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s ~~standard lettering. 10.8~~Work to comply with Applicable Laws. Tenant shall cause ~~any office equipment or machinery~~ its Alterations (if any) to ~~be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building~~comply with Applicable Laws. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any ~~loss~~third party claims and associated lawsuits, ~~cost~~governmental actions, ~~liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing~~obligations, ~~Landlord shall be responsible for all~~ liabilities, damages, costs and expenses ~~arising out of~~ (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Tenant’s failure to conduct its operations and activities at the Premises in compliance with Applicable Laws. Tenant shall have the right to discontinue its operations in the Premises, in whole or in ~~connection with~~ part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to require Tenant to use or occupy the ~~compliance of the existing structural portions~~ Premises, and ~~tenant improvements~~ Tenant’s vacation of the Premises ~~as of~~ or failure to use or occupy the ~~date of this Lease, the “path of travel” into and within the Building (but~~ Premises shall not ~~within~~ constitute a default hereunder. Notwithstanding Tenant’s election to discontinue its operations at the Premises, ~~except as specifically described~~ Tenant shall not cancel electric or water service to the Premises, Tenant shall keep the parking lights operational in ~~this sentence) and~~ accordance with its prior practices at the ~~Project’s parking lots, walkways and landscaping areas with the ADA~~Premises, and ~~Landlord~~ Tenant shall ~~indemnify~~cause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (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), defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of until the ~~Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier~~ termination of this ~~Lease~~Lease or Xxxxxx’s right to possession of the Premises.

Appears in 1 contract

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

Use. ~~10.1. Tenant shall~~ 2.1 The lessee is obliged to use the ~~Premises for the purpose set forth in Section 2.12, and shall not use the Premises,~~ rented space him or ~~permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion~~herself. ~~10.2. Tenant shall not use or occupy~~ 2.2 The lessee is obliged to comply with all applicable laws and regulations originating from government agencies. 2.3 If the ~~Premises in violation~~ rented space forms part of ~~Applicable Laws; zoning ordinances; or~~ a larger entity (shared accommodation), the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant lessee shall comply with the applicable (household) regulations. The lessee is obliged to complete and sign any ~~direction of any Governmental Authority having jurisdiction~~ forms that shall, by reason of the 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. 10.3. Tenant shall not do or permit need to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or signed in connection with the ~~compliance~~ lessee's stay in the rented space. 2.4 The lessee is obliged to use the rented space in a normal way and to refrain from causing nuisance to neighbours or to the lessor. On account of the ~~Premises~~ aforementioned, the lessee is not allowed to play a musical instrument in the rented space, keep pets or to smoke. 2.5 The rented space will be rented out furnished. On delivery by the lessor to the lessee, an inspection report will be drawn up including a list of the current fixtures/fittings. Both parties shall sign this list to confirm the current fixtures/fittings. The inspection report forms part of this rental agreement and is attached as Appendix 1. 2.6 The lessee is obliged to take the necessary measures to prevent damage to the rented space. The lessee will take action to prevent that the central heating and the water pipes freeze. The lessee will ensure that chimneys, drains, drainpipes, geyser, boiler etc. remain well-maintained and clean. The lessee will ensure that the bathroom is kept clean to prevent mould -formation. Any costs that arise from this cleaning obligation are at the lessee's expense. 2.7 The lessee will inform the lessor immediately, in any event as quickly as possible, of any damage to the rented space. Should the lessee violate this warning obligation, the lessee will be liable for all damage. Leaking taps and problems with the ~~Americans with Disabilities Act~~toilet should in any event be reported without delay, ~~42 U.S.C. § 12101, et seq~~otherwise any additional repair costs will be at the lessee's expense. ~~(together with regulations promulgated pursuant thereto~~Should the lessee be absent for a longer period, the ~~“ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability~~ lessee will ensure that he or ~~expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible~~ she can satisfy this warning obligation. 2.8 The lessee is liable for all ~~liabilities, costs and expenses arising out of or in connection with~~ damage to the ~~compliance of~~ rented space caused by the ~~existing structural portions and tenant improvements of~~ lessee's failure to meet his/her obligations under the ~~Premises as of~~ rental agreement. All damage to the ~~date of this Lease,~~ rented space will be deemed to be caused by the ~~“path of travel” into and within~~ lessee's failure to meet his/her obligations under the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaserental agreement.

Appears in 1 contract

Samples: Rental Agreement

Use. ~~10.1.~~ Tenant shall use the Premises only for the ~~purpose set forth in Section 2.12~~Permitted Uses, and shall not use ~~the Premises,~~ or permit ~~or suffer~~ the Premises to be ~~used,~~ used for any other ~~purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2~~purpose. Tenant shall not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of ~~Applicable Laws; zoning ordinances;~~ which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or restrictions currently on record which will affect Tenant's use of the Premises for the Permitted Uses), (ii) any law or ordinance or any certificate of occupancy issued for the ~~Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of~~ Building or the ~~Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above~~Premises, or ~~that in Landlord’s~~ (iii) any reasonable ~~opinion violates any~~ Rules and Regulations issued by Landlord for the Building of ~~the above~~which Tenant has been given written notice. Tenant shall comply with any ~~direction~~ directive of any ~~Governmental Authority having jurisdiction that shall, by reason of the nature of~~ governmental authority with respect to Tenant’s '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. 10.3~~. Tenant shall not do or permit ~~to be done~~ anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises ~~that shall~~ which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of the ~~Building or the Project~~Building, or injure ~~or unreasonably annoy~~ them, or ~~(b)~~ use the Premises or allow ~~the Premises~~ them to be used for ~~immoral or~~ any unlawful ~~purposes, nor~~ purpose. Tenant shall ~~Tenant knowingly~~ not cause, maintain or permit any nuisance ~~or waste~~ in, on or about the Premises, or commit or allow any waste in or upon the Premises. (a) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs (other than those permitted under Section 10.25), curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises. (b) Tenant shall keep the Premises equipped with all safety appliances required by law because of any use made by Tenant other than office use with customary office equipment, and shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses. (c) Tenant shall not place a load upon the floor of the Premises exceeding 100 pounds per square foot. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant's business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or ~~the Project. 10.10. Notwithstanding~~ to any other ~~provision herein to~~ space in the ~~contrary,~~ Building. Tenant shall be responsible for the cost of all ~~liabilities, costs~~ structural engineering required to determine structural load and ~~expenses arising out of~~ all acoustical engineering required to address any noise or ~~in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.~~ vibration caused by Tenant. (~~together with regulations promulgated pursuant thereto, the “ADA”), and~~ d) Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for ~~all liabilities~~the cost of replacement bulbs and ballasts used within the Premises and for the maintenance of any supplemental air conditioning units installed within the Premises and will provide Landlord evidence of regular maintenance upon request. If Tenant refuses or neglects to perform any maintenance or repair obligations set forth in this Lease, ~~costs~~ Landlord shall have the right but not the obligation after notice to Tenant and ~~expenses arising out~~ a reasonable opportunity to cure, to make or cause such repairs to be made at Tenant’s expense. (e) Tenant shall not have vending machines on the Property without the prior written consent of Landlord; provided, that Landlord hereby consents to Tenant having one (1) soda vending machine on each floor within the Premises. (f) Tenant shall not keep or use any article in ~~connection with~~ the ~~compliance~~ Premises, or permit any activity therein, which is prohibited by a standard insurance policy covering buildings and improvements similar to the Building or any Alterations, or would result in an increase in the premiums thereunder unless Tenant pays for such increase. In determining whether increased premiums are a result of Tenant's activity, a schedule issued by the organization computing the insurance rate on the Building or the Alterations, showing the various components of the ~~existing structural portions and tenant improvements~~ rate, shall be conclusive evidence. Tenant shall promptly comply with all reasonable requirements of the insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises by Tenant or by anyone Tenant allows on the Premises causes or threatens cancellation or reduction of any insurance carried by Landlord, Tenant shall remedy the condition immediately upon notice thereof. Upon Tenant's failure to do so, Landlord may, in addition to any other remedy it has under this Lease but subject to the provisions of Section 5.5, enter the Premises and remedy the condition, at Tenant's cost, which Tenant shall promptly pay as additional rent. Landlord shall not be liable for any damage or injury caused as a result of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADAsuch an entry, and ~~Landlord~~ shall ~~indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out~~ not waive its rights to declare a default because of ~~any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease~~Tenant's failure.

Appears in 1 contract

Samples: Lease (T2 Biosystems, Inc.)

Use. 10.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion. 10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type and be located in a place acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Tenant shall have Signage rights for the Premises substantially consistent with the Signage permitted for other comparable Tenants in the Project, as Landlord reasonably determines. At Landlord’s option, Landlord may install any such Signage, and Tenant shall pay all costs associated with such installation within five (5) days after demand therefor. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall ~~not~~ only place ~~any~~ equipment ~~weighing five hundred (500) pounds or greater~~ within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or ~~unreasonably~~ annoy them, or (b) use or allow the Premises to be used for ~~immoral~~ immoral, unlawful or ~~unlawful~~ objectionable purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the ~~Project~~Project or (d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10. Notwithstanding any other provision herein~~ (a) When Landlord delivers the Premises to Tenant, the ~~contrary, Tenant~~ Premises shall be ~~responsible for all liabilities, costs and expenses arising out of or~~ in ~~connection with the~~ compliance ~~of the Premises~~ with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), in effect at such time. Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of Landlord’s failure to comply with the preceding sentence. (b) Notwithstanding any other provision herein to the contrary, but subject to Section 10.10(a) above, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the ADA other than as of the date of delivery of the Premises to Tenant, and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any such failure of ~~such improvements~~ the Premises to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building . (~~but not within the Premises, except as specifically described in this sentence~~c) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Cytrx Corp)

Use. ~~10.1~~12.1. Tenant shall use the Premises for the purpose set forth in Section ~~2.12~~2.7, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord ~~may withhold in its sole~~ acknowledges Tenant’s intent to handle and ~~absolute discretion~~house research animals within the Building, subject to Applicable Laws. ~~10.2~~12.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the ~~Building~~Building or the Project, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s reasonable opinion violates any of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall, by reason of the 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. ~~10.3~~12.3. Tenant shall not knowingly do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building ~~and~~ or the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this ~~Section~~Article. Landlord hereby confirms that the use of the Premises for the Permitted Use (as set forth in Section 2.7) shall not result in an additional premium. ~~10.4~~12.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. ~~10.5~~12.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written ~~consent~~consent provided, however, that (a) Tenant shall have the right to install a card key security or lock system for the Premises, including Common Area stairways, provided that such card key or lock system: (i) has been approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; (ii) does not limit Landlord’s access rights under this Lease to any areas other than those designated by Tenant as high security areas (“High Security Areas”) in the Premises; (iii) does not prohibit others from accessing Common Areas, but only prevents them from entering the Premises; and (iv) is installed and maintained at Tenant’s expense in accordance with all Applicable Laws, and (b) Tenant shall also have the right, at its election, to install its own locks and access systems (without giving keys or codes to Landlord) in the Premises in High Security Areas as Tenant designates, and restrict access to the High Security Areas (provided that Tenant (i) notifies Landlord in writing of such High Security Areas, (ii) is reasonable in its designation of such High Security Areas, (iii) gives Landlord escorted entry into the High Security Areas upon Landlord’s reasonable request (such request to be at least twenty-four (24) hours in advance, except in an emergency, in which case no notice shall be required) and (iv) maintains a reasonable system to allow immediate, unrestricted access and entry into such High Security Areas by Landlord and emergency personnel in the event of an emergency. Except for the High Security Areas, Tenant shall give Landlord keys and access codes for the entire Premises. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. ~~10.6~~12.6. No awnings or other projections shall be attached to any outside wall of the Building. No Unless Landlord otherwise consents (such consent not to be unreasonably withheld, conditioned or delayed), no curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window ~~coverings~~coverings as set forth in Exhibit B attached hereto, which shall be installed as of the Term Commencement Date. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. ~~10.7~~12.7. No Except as otherwise set forth in this paragraph, no sign, advertisement or notice (“Signage”) shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent~~; provided that Tenant~~ , which shall not be unreasonably withheld, conditioned or delayed. Signage shall conform to Landlord’s design criteria and shall comply with Applicable Laws. Subject to the foregoing requirements, as of the Term Commencement Date the Building shall have ~~the right to install~~ a sign ~~with its name~~ at the Project distinguishing the Building as “The Omeros Building” and ~~corporate logo~~ as a part of the Tenant Improvements, Landlord shall (a) install Building-top Signage on the ~~exterior~~ northeast, southeast and east sides of the Building, as shown on Exhibit K attached hereto, (b) install exterior signage on the ~~size~~helipad and monument sign, ~~appearance~~ as shown on Exhibit K, (c) remove the existing blade sign and ~~characteristics~~ artwork on the east side of ~~which shall be subject to Landlord’s prior written consent. Interior signs on doors~~ the Building and ~~the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord~~ (d) at Tenant’s ~~sole~~ request, install mutually agreeable Building-top Signage on the west side of the Building (the “West Signage”), as shown on Exhibit K, so long as (i) Landlord (in its reasonable discretion) believes it has enough extra money in the Tenant Improvement budget to cover the cost of the West Signage or (ii) if Landlord does not believe it has extra money in the Tenant Improvement budget to cover such cost, Tenant agrees to pay the cost of the West Signage. Tenant shall, at Tenant’s own cost and expense, (y) acquire all permits for Signage (except for the Signage set forth on Exhibit K but not including the West Signage unless Landlord pays for such West Signage as set forth above) in compliance with Applicable Laws and (z) design, fabricate, install (except for the Signage set forth on Exhibit K but not including the West Signage unless Landlord pays for such West Signage as set forth above) and maintain such Signage in a first-class condition. Tenant shall be responsible for reimbursing Landlord for costs incurred by Landlord in removing any of ~~a size~~Tenant’s Signage upon the expiration or earlier termination of the Lease. In addition, ~~color~~ Landlord, as part of the Tenant Improvements, shall provide Tenant with lobby and ~~type acceptable to Landlord~~Building directory signage no later than the Term Commencement Date. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. Notwithstanding anything to the contrary in this Lease, Landlord confirms that the exterior Signage and other Signage installed by Tenant pursuant to this Section may, in Tenant’s discretion but subject to Landlord’s reasonable approval, utilize Tenant’s name, business logo and design. ~~10.8~~12.8. Tenant shall only place equipment within the Premises with floor loading consistent with the Building’s structural design, and such equipment shall be placed in a location designed to carry the weight of such equipment. 12.9. Tenant shall cause any ~~office~~ equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipmentProject. ~~10.9~~12.10. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the ~~Building or the~~ Project, ~~or injure or unreasonably annoy them, or~~ (b) use or allow the Premises to be used for ~~immoral or~~ unlawful purposes, ~~nor shall Tenant knowingly~~ (c) cause, maintain or permit any nuisance or waste in, on or about the ~~Premises, the Building~~ Project or ~~the Project~~(d) take any other action that would in Landlord’s reasonable determination in any manner adversely affect other tenants’ quiet use and enjoyment of their space or adversely impact their ability to conduct business in a professional and suitable work environment. ~~10.10~~12.11. Notwithstanding any other provision herein to the contrary, but subject to Landlord’s representations, warranties and obligations under Article 5 and Landlord’s obligations under Exhibit B, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord and its affiliates, employees, agents and contractors; and any lender, mortgagee or beneficiary (each, a “Lender” and, collectively with Landlord and its affiliates, employees, agents and contractors, the “Landlord Indemnitees”) harmless ~~Landlord~~ from and against any ~~loss~~demands, ~~cost~~claims, ~~liability~~ liabilities, losses, costs, expenses, actions, causes of action, damages or ~~expense~~ judgments, and all reasonable expenses (including reasonable attorneys’ ~~fees~~ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising out of any such failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to ~~make such aspects of the Project~~ comply with the ADA. The provisions of this Section ~~10.10~~ shall survive the expiration or earlier termination of this Lease. 12.12. During the Term, Landlord shall provide two (2) on-site security guards seven (7) days a week, twenty-four (24) hours a day. In the event Tenant reasonably determines that an additional security guard(s) are necessary, Landlord and Tenant shall use reasonable efforts to mutually agree upon an acceptable solution; provided, however, that if Landlord hires additional security for the Building, such costs shall not be considered a Controllable Operating Expense for the purpose of Section 9.3. Landlord further agrees that, as of the Term Commencement Date, the Building and its exterior shall be (a) equipped with a reasonable number (as determined by Landlord) of fully functioning security cameras monitoring the enclosed parking garage, the loading docks, stairwells, elevator banks, all points of access to and from the Building, and any other areas mutually identified by Landlord and Tenant as requiring surveillance, and (b) monitored twenty-four (24) hours per day, seven (7) days per week by one of the on-site security guards, who shall be stationed at the front desk of the Building. The Tenant Improvements shall include Tenant’s Pro Rata Share of the cost of purchasing and installing such security system. Further, all security patrol and monitoring costs shall be included as Operating Expenses. 12.13. As of the Term Commencement Date, the Building shall have a vivarium space for use by Tenant and other tenants of the Building (the “Vivarium”), as depicted on Exhibit L attached hereto. Landlord agrees, at its sole cost, to construct certain Vivarium improvements and to install certain vivarium equipment in such space, as set forth on Exhibit B attached hereto. Tenant shall have the exclusive use of that portion of the Vivarium as shown on Exhibit L (“Tenant’s Vivarium Space”). Tenant shall be entitled to make improvements or alterations to Tenant’s Vivarium Space, pursuant to the terms of Article 17. In the event another tenant leases a portion of the Vivarium, (a) access and use of that certain portion of the vivarium shown on Exhibit L (the “Shared Vivarium Space”) and the vivarium equipment listed on Exhibit M (the “Shared Vivarium Equipment” and, together with the Shared Vivarium Space, the “Vivarium Common Area”) shall be shared between Tenant and such other tenants using the Vivarium and (b) Landlord (either directly or through one of its affiliates or its or its affiliates’ vendors) shall maintain and repair the Shared Vivarium Equipment and the Shared Vivarium Space. Prior to the date that another tenant leases a portion of the Vivarium, Tenant shall maintain and repair the Shared Vivarium Equipment and the Shared Vivarium Space. Landlord acknowledges, however, Tenant’s need to maintain the quality of husbandry services for itself and other potential users of the Vivarium in order to protect the health of Tenant’s research animals housed in Tenant’s Vivarium Space, the quality of the research performed by Tenant and for compliance with Applicable Laws, and agrees that the leases of other tenants of the Building using space in the Vivarium shall require such tenants to comply with Tenant’s standard operating procedures for husbandry services and the maintenance and operation of the Vivarium. Tenant shall provide copies of its then-current standard operating procedures to other tenants of the Building using space in the Vivarium in accordance with a commercially reasonable confidentiality agreement. Tenant may, at its option and if elected by another tenant sharing space in the Vivarium, provide husbandry or other Vivarium-related services to such other tenant(s), in which event Tenant shall be entitled to receive one hundred percent (100%) of any fees collected for such services. Landlord acknowledges that, due to the sensitive nature of the activities in Tenant’s Vivarium Space, any construction or other improvement work on or around the Vivarium by Landlord or other tenants must be done in a manner that does not disturb Tenant’s research animals or research activities in Tenant’s Vivarium Space or Tenant’s use of the Vivarium Common Area in connection with the care of Tenant’s research animals and Tenant’s performance of research activities. 12.14. Landlord shall, at its sole cost and expense, construct the Common Areas of the Building, described in Exhibit N. Tenant shall be entitled to the use of the Common Areas twenty-four (24) hours per day, seven (7) days per week (except during reasonable closures for repairs or maintenance pursuant to the terms of this Lease, or as the result of casualty or other circumstances beyond Landlord’s control) free of any per use fee, but the cost of using, repairing and maintaining such Common Areas shall be included in Operating Expenses. Landlord and Tenant shall work together to select a mutually acceptable café vendor to service the Building café, and Landlord will endeavor to accommodate reasonable café design requests. 12.15. Landlord agrees that the Common Areas (other than the helipad (provided that Landlord shall meet with the other party entitled to use of the helipad pursuant to the applicable reciprocal easement agreement to determine whether Landlord’s tenants may have exclusive use of the same)) shall be for the exclusive use of the tenants of the Building.

Appears in 1 contract

Samples: Lease (Omeros Corp)

Appears in 1 contract

Samples: Lease (BIND Therapeutics, Inc)

Use. ~~10.1.~~ Tenant shall use and occupy the Premises for ~~the purpose set forth in Section 2.12,~~ GENERAL OFFICE ------------------------------------------------------------------------------ purposes and shall not use ~~the Premises,~~ or ~~permit or suffer~~ occupy the Premises ~~to be used,~~ for any other purpose without ~~Landlord’s~~ the prior written ~~consent, which~~ consent ~~Landlord may withhold in its sole and absolute discretion. 10.2~~of Landlord. Tenant shall not use or occupy the Premises for sleeping or residence purposes or in violation of ~~Applicable Laws; zoning ordinances;~~ law or of the certificate of occupancy issued for the Premises or the Building, and shall, upon the shorter of (a) the period allowed by law, and (b) five (5) ~~days’ written~~ days notice from Landlord, discontinue any use of the Premises ~~that~~ which is declared ~~or claimed~~ by either any ~~Governmental Authority~~ governmental authority having jurisdiction or the Landlord to be a violation of law or of said certification of occupancy. Landlord makes no representation or warranty that the use permitted above will not violate any ~~of the above~~law, regulation, or ~~that in Landlord’s reasonable opinion violates any~~ order, such being the responsibility solely of ~~the above~~Tenant. Tenant shall comply with any direction of any ~~Governmental Authority~~ governmental authority having jurisdiction ~~that~~ which shall, by reason of the nature of Tenant’s '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~~. 10.3~~. Tenant shall not do or nor permit to be done anything ~~that~~ which will invalidate or increase the cost of any ~~fire, environmental, extended coverage or any other~~ insurance policy covering the Building ~~and the Project,~~ and/or property located therein and shall comply with all rules, orders, regulations and requirements of the ~~insurers~~ Pacific Fire Rating Bureau or any other organization performing a similar function. Without waiving any of ~~the Building and the Project~~Landlord's rights hereunder, ~~and~~ Tenant shall ~~promptly,~~ promptly upon ~~demand,~~ demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s 's failure to comply with the provisions of this ~~Section~~Article 9. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: General Office Lease (Micron Electronics Inc)

Use. ~~10.1~~(a) During the Lease Term and subject to applicable Legal Requirements, Tenant shall be entitled to access the Premises 24 hours per day, seven days per week, 365 days per year, subject to Force Majeure events. The Premises shall be used only for office, warehouse, clean room (production and testing), and quality control (the “Permitted Use”) and shall not be used for any other purpose. Landlord, in Landlord’s sole and absolute discretion, shall have the right to deny its consent to any change in the Permitted Use. Tenant shall not conduct or give notice of any auction, liquidation or going out of business sale on the Premises. Tenant will use the Premises ~~for~~ in a careful, safe and proper manner and will not subject the ~~purpose set forth in Section 2.12, and shall not~~ Premises to use that would damage the Premises, reasonable wear and tear excepted. Tenant shall not permit any objectionable or ~~permit~~ unpleasant odors, smoke, dust, gas, noise, vibrations, rodents, insects or ~~suffer~~ pests to emanate from the ~~Premises to be used~~Premises, ~~for~~ nor take any other ~~purpose~~ action which would constitute a nuisance or which would disturb, endanger or unreasonably interfere with any other tenants of the Building or Property. (b) Overnight parking, outside storage, including, without limitation, storage of trucks and other vehicles (other than normal parking by Tenant’s employees and invitees), are prohibited without Landlord’s prior written consent~~, which consent Landlord may withhold in its sole and absolute discretion~~. ~~10.2~~(c) Tenant shall obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for Txxxxx’s use of the Premises. Tenant shall ~~not~~ use or and occupy the Premises in ~~violation~~ compliance with all existing and future Legal Requirements (hereinafter defined) applicable to the Premises, as well as all requirements of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises that is declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above, or that in Landlord’s ~~reasonable opinion violates~~ insurance carrier and lender, if any. If any ~~of the above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that~~ Legal Requirements shall, by reason of the nature of Tenant’s particular use or occupancy of the ~~Premises~~Premises (a “Tenant-Related Reason”), impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost of any fire, environmental, extended coverage or any other insurance policy covering the Building and the Project, and shall comply with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings to: (i) modification or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part maintenance of the Premises or the ~~Building without Landlord’s prior written consent; provided that~~ Property or (ii) the use, alteration or occupancy thereof, Tenant shall ~~have the right to install a sign~~ comply with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord such Legal Requirements at Tenant’s sole cost and expense. The term “Legal Requirements” shall mean all of the following: covenants and restrictions, laws, statutes, building and zoning codes, judgments, ordinances, governmental orders, conditions of approval, permits, licenses, rules, and ~~shall be of a size~~regulations (including, ~~color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display~~ but not limited to, Title III of the ~~name~~ Americans With Disabilities Act of 1990), as the same may be amended and ~~location of tenants only~~supplemented from time to time, including, without limitation, all legal requirements that pertain to the Property. ~~Tenant shall not place~~ Subject to Tenant’s obligations hereunder, Lxxxxxxx agrees to maintain the Property in compliance with all applicable Legal Requirements as required by the applicable governing authority. Notwithstanding anything on to the ~~exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed~~ contrary contained in ~~the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further~~this Lease, Tenant shall not ~~place~~ be required to make, or reimburse Landlord for, any ~~equipment weighing five hundred (500) pounds or greater within~~ capital expenditures to comply with Legal Requirements unless the same are necessitated due to Tenant’s particular use of the Premises ~~without Landlord’s prior written approval~~or are otherwise reimbursable to Landlord pursuant to the express terms of this Lease, and ~~such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises~~ provided further that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for ~~all liabilities, costs and expenses arising out~~ the cost of ~~or in connection with~~ any improvements to the ~~compliance~~ Premises to the extent required to be made due to any changes to Title III of the ~~Premises with the~~ Americans ~~with~~ With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out Act of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of 1990 enacted after the date of this Lease, but if such improvement is of a nature that it would be required of any commercial use of the ~~“path~~ Premises (as opposed to being required due to Tenant’s particular use of ~~travel” into and within the Building (but not within~~ the Premises), ~~except as specifically described in this sentence) and~~ then Tenant shall only be responsible for the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects portion of the ~~Project comply with~~ cost of such improvement, amortized over the ~~ADA. The provisions~~ useful life of ~~this Section 10.10 shall survive~~ the ~~expiration or earlier termination~~ improvement, accruing during the remaining term of this Lease).

Appears in 1 contract

Samples: Lease Agreement (PetVivo Holdings, Inc.)

Use. ~~10.1~~The LESSEE shall use the Leased Premises only for office uses relating thereto and for no other purposes. ~~Tenant~~ The LESSEE shall only use the Premises for the purpose set forth in ~~Section 2.12~~this Lease. The LESSEE, at its own expense, shall: a) Comply with all federal, state, county, and ~~shall not~~ municipal laws, ordinances, rules, and regulations related to the LESSEE’s specific business and the LESSEE’s specific use of the Premises~~, or permit or suffer~~ ; b) Obtain Certificate of Occupancy from the ~~Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.~~local municipality ~~10.2. Tenant shall not use or occupy~~ c) Use the Premises in ~~violation~~ a safe manner; d) Keep nothing which is hazardous, dangerous or explosive or which might unreasonably increase the risk of ~~Applicable Laws~~fire or other casualty at the Premises. e) Comply with all reasonable requirements of the Landlord’s property casualty insurance carrier; ~~zoning ordinances;~~ provided same does not require any structural or exterior repairs to the ~~certificate of occupancy issued for~~ Premises and/or the Building, . f) Allow landlord to provide fire extinguishers and ~~shall, upon five (5~~“No Smoking” signs in accordance with reasonable instructions from the Landlord’s property casualty insurance carrier; g) ~~days’ written notice from~~ Use the Premises without causing an increase of the Landlord~~, discontinue~~ ’s property casualty insurance rates or pay the amount of any increase caused by the LESSEE’s use of the Premises ~~that~~ as Additional Rent; (unless such increase is ~~declared or claimed by any Governmental Authority having jurisdiction to be a violation of any~~ based on LESSEE’s use of the ~~above, or that in~~ Premises pursuant to the terms of this Lease). h) Use the Premises without causing a termination of the Landlord’s ~~reasonable opinion violates~~ property casualty insurance policy i) Use the Premises without causing any liens to affect the Premises; j) Maintain the Premises in a neat, clean, habitable condition, free of trash, vermin, and insects; k) Keep the ~~above. Tenant shall comply with any direction of any Governmental Authority having jurisdiction that shall~~walkways, ~~by reason of the nature of Tenant’s use or occupancy of~~ driving aisles, parking areas, and landscaped areas, which surround and serve the Premises, ~~impose any duty upon Tenant~~ free of trash and free of goods. I) Keep all trash within tied bags within a covered dumpster or ~~Landlord with respect to~~ container; m) Keep no animals at the Premises; n) Use only equipment which does not damage the subfloors; o) Use the Premises without unreasonably disturbing the possession or ~~with respect to the use or occupation thereof. 10.3. Tenant shall not do or permit to be done anything that will invalidate or increase the cost~~ quiet enjoyment of any ~~fire~~other tenant; p) Keep all vehicles related to its business from parking on the street; q) Use the Premises in accordance with reasonable, ~~environmental~~nondiscriminatory regulations established from time to time by the Landlord, ~~extended coverage or any other insurance policy covering the Building and the Project, and shall comply~~ which will not interfere with all rules, orders, regulations and requirements of the insurers of the Building and the Project, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of TenantLESSEE’s ~~failure to comply with the provisions of this Section. 10.4. Tenant shall keep all doors opening onto public corridors closed, except when in~~ use for ingress and egress. 10.5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any changes be made to existing locks or the mechanisms thereof without Landlord’s prior written consent. Tenant shall, upon termination of this Lease, return to Landlord all keys to offices and restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change. 10.6. No awnings or other projections shall be attached to any outside wall of the Building. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than Landlord’s standard window coverings. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without Landlord’s prior written consent, nor shall any bottles, parcels or other articles be placed on the windowsills. No equipment, furniture or other items of personal property shall be placed on any exterior balcony without Landlord’s prior written consent. 10.7. No sign, advertisement or notice shall be exhibited, painted or affixed by Tenant on any part of the Premises or the Building without Landlord’s prior written consent; provided that Tenant shall have the right to install a sign with its name and corporate logo on the exterior of the Building, the size, appearance and characteristics of which shall be subject to Landlord’s prior written consent. Interior signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at Tenant’s sole cost and expense, and shall be of a size, color and type acceptable to Landlord. The directory tablet shall be provided exclusively for the display of the name and location of tenants only. Tenant shall not place anything on the exterior of the corridor walls or corridor doors other than Landlord’s standard lettering. 10.8. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into the Common Areas or other offices in the Building. Further, Tenant shall not place any equipment weighing five hundred (500) pounds or greater within the Premises without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. 10.9. Tenant shall not (a) do or permit anything to be done in or about the Premises that shall in any way obstruct or interfere with the rights of other tenants or occupants of the Building or the Project, or injure or unreasonably annoy them, or (b) use or allow the Premises to be used for immoral or unlawful purposes, nor shall Tenant knowingly cause, maintain or permit any nuisance or waste in, on or about the Premises, the Building or the Project. 10.10. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of such improvements to comply with the ADA. Notwithstanding the foregoing, Landlord shall be responsible for all liabilities, costs and expenses arising out of or in connection with the compliance of the existing structural portions and tenant improvements of the Premises as of the date of this Lease, the “path of travel” into and within the Building (but not within the Premises, except as specifically described provided in this sentence) and the Project’s parking lots, walkways and landscaping areas with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of Landlord to make such aspects of the Project comply with the ADA. The provisions of this Section 10.10 shall survive the expiration or earlier termination of this Leaselease.

Appears in 1 contract

Samples: Commercial Lease (MYnd Analytics, Inc.)

Common use of Use Clause in Contracts