Common use of Use Clause in Contracts

Use. Tenant shall use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s use and/or occupancy of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such consent not Legal Requirement is generally applicable to be unreasonably withheldsimilar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, paintincluding the ADA, install lightingunless such alterations or modifications are triggered by reason of Tenant’s, window coverings or decorationas compared to other tenants of the Project, or install any signs, window or door lettering or advertising media particular use of any type on or about the Premises or any part thereofTenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Should Landlord agree in writing to any of the foregoing items Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant will maintain such permitted items Alterations. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in good condition investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and repair at disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all timesClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

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

Use. Tenant may use the Property for any lawful purpose. At all times such use shall be in compliance with all applicable Laws, including without limitation any zoning, occupancy, permit and license requirements, and in compliance with all rules, regulations, orders and requirements of the American Insurance Association (formerly, the National Board of Fire Underwriters) or any successor organization. Tenant shall not use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and manner so as to cause cancellation of Landlord’s insurance policies or increase the premiums thereunder. Landlord makes no representation that such use of the Premises will comply with all lawsapplicable zoning requirements or other Laws. The parties agree that Tenant shall be solely responsible for obtaining, ordinancesat Tenant’s sole cost and expense, ordersany necessary zoning or other governmental approvals, rules variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply the Premises (including, without limitation, compliance with all laws specifically includes any building code and all laws similar regulations applicable to Tenant the Premises), without, however, in doing so adversely affecting Landlord or impairing in any way Landlord’s current and relating to environmental hazards permitted use of the Premises; and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings Landlord makes no warranty or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to representation whatsoever that any of the foregoing items in may be obtained. Any sign or advertising that Tenant has the preceding sentenceright to place shall comply with all Laws, and Tenant will maintain shall obtain at its sole cost and expense any approval required by such permitted items in good Laws. Any sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Premises affected by the removal of Tenant’s signs shall be restored to its condition as it existed as of the Lease Commencement Date, at Tenant’s sole cost and repair at all timesexpense.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Use. Tenant shall use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance insurance on the Building or contents created by Tenant's acts or conduct of business than and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase promptlyon demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and and, as set forth in Subparagraph 8(c) hereof, to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises only Premises, and shall promptly comply with all governmental orders and directives for the permitted correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use (as defined in Paragraph 1(h) hereof)of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or permit any portion of if Tenant vacates the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any causes an increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than such premiums, then Tenant hereby agrees to shall pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner to Landlord as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesAdditional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)

Use. Tenant The demised premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use (as defined of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole any manner, including, without limitation, any method of storage which would render the insurance thereon void or deemed the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to be disreputable in disallow any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building or contents created building in which Tenant occupies space is caused by Tenant's acts use and occupancy of the premises, or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptlyto Landlord. Tenant will conduct its business agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and control its agents, employees and invitees in such a manner as not equipment pertaining to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management Tenant's use of the Buildingpremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant will maintain the Premises in a cleanshall hold harmless Landlord from any loss, healthful liability, and safe condition expenses, both real and will comply with all lawsalleged, ordinances, orders, rules and regulations (state, federal, municipal and other agencies arising out of such damage or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. repair caused by Tenant's obligation negligence or failure to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesthis paragraph.

Appears in 2 contracts

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

Use. Tenant shall use the Leased Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premisesa distribution center, or permit any portion of the Premises to be occupied or used warehouse facility, fulfillment center and office purposes, and for any business or no other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord. Tenant will not use or occupy the Leased Premises for any unlawful purpose, such consent and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. Tenant shall not to be unreasonably withheldcause, paint, install lighting, window coverings maintain or decoration, or install permit any signs, window or door lettering or advertising media of any type outside storage on or about the Premises 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 cancellation of any insurance policy covering the Building, or any part thereof. Should Landlord agree Tenant shall not sell, or permit to be kept, used, in writing or about the Leased Premises, any 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 Leased Premises, of any of insurance organization or company, necessary for the foregoing items in maintenance or reasonable fire and public liability insurance covering the preceding sentenceLeased Premises, Building and appurtenances. Tenant will maintain shall not place on any floor a load exceeding the floor load per square foot which such permitted items in good condition and repair at all timesfloor was designed to carry.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Innotrac Corp), Industrial Lease Agreement (Innotrac Corp)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s use and/or occupancy of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such consent not Legal Requirement is generally applicable to be unreasonably withheldsimilar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, paintas compared to other tenants of the Project, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media specific use of any type on or about the Premises or Tenant’s alterations) make any part thereof. Should Landlord agree in writing alterations or modifications to any the Common Areas or the exterior of the foregoing items Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentencesentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant will maintain such permitted items 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 good condition investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and repair at disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all timesClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

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

Use. 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 permitted use (as defined in Paragraph 1(h) hereof)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 occupy 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 any portion 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 obligated (nor shall Landlord) to be occupied or used for make any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, material capital improvements required by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (stateregulations. For purposes of this clause, federala "material capital improvement" shall mean any capital improvement, municipal and or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other agencies tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or bodies having any jurisdiction thereof) with reference warranty to use, condition or occupancy Tenant as to the suitability of Premises. the Premises for the conduct of Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesbusiness.

Appears in 2 contracts

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

Use. Tenant The leased property shall use the Premises only be used solely for the permitted use (as defined in Paragraph 1(h) hereof)purpose of recreational amenties for public use. Tenant will not occupy or use . If the Premises, or permit any portion of the Premises to be occupied or property is used for any business or purpose other than purpose, Lessor shall have the permitted use or for option of immediately terminating this Lease. Lessee shall not permit any use or purpose which is unlawful in part or in whole or deemed to be disreputable of the property in any manner that would obstruct or extrahazardous on account of fireinterfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, nor permit anything and not commit any waste thereon. Lessee will not cause, or allow to be done which caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Xxxxxx's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way increase the rate involving hazardous materials or substances of fire insurance any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the Building or contents; and in the event that, by reason of acts of Tenant, there leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any increase in environmental remediation that may be necessary, as determined by the rate Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Insurance on the Building or contents created by TenantXxxxxx's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management use of the Buildingleased property, the Lessee shall be held similarly responsible. Tenant will maintain The Lessee shall indemnify, defend, and hold harmless the Premises in a cleanLessor from any claim, healthful and safe condition and will comply with all lawsloss, ordinancesdamage, orderscosts, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decorationcharge, or install any signs, window or door lettering or advertising media expense arising out of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timescontamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. Tenant warrants and represents to Landlord that the Leased Premises shall use the Premises be used and occupied only for the permitted use (purpose as defined set forth in Paragraph 1(h) hereof)Section 1.10 of this Lease. Tenant will not shall occupy or use the Leased Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees employees, invitees and invitees visitors in such a manner as is lawful, reputable and will not create a nuisance to create other tenants in the Property. Tenant shall not solicit business, distribute handbills or display merchandise within the Common Areas. Tenant shall not permit any nuisanceoperation which emits any odor or matter which intrudes into other portions of the Property, nor use any apparatus or machine which makes undue noise or causes vibration in any portion of the Property or otherwise interfere with, annoy or disturb any other tenants tenant in its normal business operations or Landlord in its management of the BuildingProperty. Tenant will maintain shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in a cleanany way which would, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without in the prior written consent opinion of Landlord, such consent be extra hazardous on account of fire or which would in any way increase the cost of or render void the fire insurance on the Property. Tenant may not use or allow or permit the Leased Premises to be unreasonably withheldused in any way or for any purpose that is visible from the exterior of the Leased Premises, paintadversely affects ventilation in other areas of the Building, install lightingcreates unreasonable elevator loads, window coverings or decorationcauses structural loads to be exceeded, creates unreasonable noise levels, or install any signs, window or door lettering or advertising media is in violation of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesapplicable Legal Requirements (defined below).

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s use and/or occupancy of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such consent not Legal Requirement is generally applicable to be unreasonably withheldsimilar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, paintas compared to other tenants of the Project, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media particular use of any type on or about the Premises or as a result of Tenant’s Alterations (excluding the Tenant Improvements)) make any part thereof. Should Landlord agree in writing alterations or modifications to any the Common Areas or the exterior of the foregoing items in Building that are required by Legal Requirements, including the preceding sentenceADA. After the Commencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant will maintain such permitted items 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 good condition investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and repair at disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all timesClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

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

Use. The Premises shall be used and occupied for general business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the permitted use “Building Rules” (as defined in Paragraph 1(hArticle 27 [Rules and Regulations]); provided that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, and not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) hereofabove). Tenant will shall not occupy do, bring, keep or use sell anything in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner that will constitute waste or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb the quiet enjoyment of or otherwise unreasonably annoy other tenants or Landlord in management of the Building. Tenant will maintain Without limiting the foregoing, the Premises in a cleanshall not be used for (a) educational activities, healthful and safe condition and will comply with all lawsschools or other training facilities which are not ancillary to corporate, ordinances, orders, rules and regulations (state, federal, municipal and other agencies executive or bodies having any jurisdiction thereof) with reference to professional office use, condition (b) practice of medicine or occupancy any of Premises. Tenant's obligation to comply with all laws specifically includes the healing arts, (c) providing social services, (d) any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesgovernmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (i) reservation center operations or uses. Tenant will shall not, without the prior written consent of Landlord: (i) bring into the Building or the Premises anything that may cause substantial noise, such consent not to be unreasonably withheldodor or vibration, paintoverload the floors in the Premises or the Building or any of the heating, install lightingventilating and air-conditioning (“HVAC”), window coverings mechanical, elevator, plumbing, electrical, fire protection, life safety, security or decorationother systems in the Building (“Building Systems”), or install any signs, window or door lettering or advertising media jeopardize the structural integrity of any type on or about the Premises Building or any part thereof. Should Landlord agree in writing ; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the foregoing items in rated connected load capacity of the preceding sentence, Tenant will maintain such permitted items in good condition circuit. Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Property or the risers or wiring installation of the Building. As of the date of this Lease Landlord has not received any notice of any violation of Law that has not been cured or otherwise resolved and repair at all timesthat would adversely affect Tenant’s use or occupancy of the Premises or would materially affect the operation of the Building.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s use and/or occupancy of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such consent not Legal Requirement is generally applicable to be unreasonably withheldsimilar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, paintas compared to other tenants of the Project, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media particular use of any type on or about the Premises or Tenant’s Alterations) make any part thereof. Should Landlord agree in writing alterations or modifications to any the Common Areas or the exterior of the foregoing items in Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the preceding sentenceinterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant will maintain such permitted items 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 good condition investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and repair at disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all timesClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Use. Tenant shall use the Premises only for the permitted uses set forth in Section 1 above, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, such consent not and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be unreasonably withheld, paint, install lighting, window coverings a violation of law or decoration, or install of said Certificate of Occupancy. Tenant shall comply with any signs, window or door lettering or advertising media direction of any type on governmental authority having jurisdiction 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. Tenant shall comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or any part thereof. Should Landlord agree in writing to any interfere with the rights of other tenants or occupants of the foregoing items in Project, or injure or annoy them, or use or allow the preceding sentencePremises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant will cause, maintain such permitted items in good condition and repair at all times.or permit any nuisance in, on or about

Appears in 2 contracts

Samples: Letter Agreement (Stac Inc), Stac Inc

Use. Tenant shall use the Premises only for that use shown as Item 3 of the permitted Basic Lease Provisions and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used solely for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord which consent may be withheld in Landlord's sole discretion. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, such consent not discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be unreasonably withhelda violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, paintby reason of the nature of Tenant's use or occupancy of the Premises, install lightingimpose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, window coverings ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or decorationpermit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the National Fire Protection Association or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or install injure or annoy them, or use or allow the Premises to be used for any signsimproper, window immoral, unlawful or door lettering objectionable purpose, nor shall Tenant cause, maintain or advertising media of permit any type nuisance in, on or about the Premises Premises. Tenant shall not commit or suffer to be committed any part thereof. Should Landlord agree waste in writing to any of or upon the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s particular use of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, such consent not use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media pay the cost of any type on increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or about Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any part thereofTenant Alterations. Should Landlord agree 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 writing investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to any Tenant’s particular use or occupancy of the foregoing items Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the preceding sentencePremises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, Tenant will maintain such permitted items in good condition and repair at all timesas of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)

Use. Tenant The leased property shall use the Premises only be used solely for the permitted use (as defined in Paragraph 1(h) hereof)purpose of recreational amenties for public use. Tenant will not occupy or use . If the Premises, or permit any portion of the Premises to be occupied or property is used for any business or purpose other than purpose, Lessor shall have the permitted use or for option of immediately terminating this Lease. Lessee shall not permit any use or purpose which is unlawful in part or in whole or deemed to be disreputable of the property in any manner that would obstruct or extrahazardous on account of fireinterfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, nor permit anything and not commit any waste thereon. Lessee will not cause, or allow to be done which caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way increase the rate involving hazardous materials or substances of fire insurance any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the Building or contents; and in the event that, by reason of acts of Tenant, there leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any increase in environmental remediation that may be necessary, as determined by the rate Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Insurance on the Building or contents created by TenantLessee's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management use of the Buildingleased property, the Lessee shall be held similarly responsible. Tenant will maintain The Lessee shall indemnify, defend, and hold harmless the Premises in a cleanLessor from any claim, healthful and safe condition and will comply with all lawsloss, ordinancesdamage, orderscosts, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decorationcharge, or install any signs, window or door lettering or advertising media expense arising out of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timescontamination.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Use. Tenant A. The Premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use (as defined of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in sprinkler credits. In the event thatTenant’s use of Premises shall result in an increase in insurance premiums, by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessolely responsible for said increase.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Applied Precision, Inc.)

Use. Tenant shall agrees that it will continuously during the Term use the Premises only for general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force, including, without limitation, the permitted use (as defined in Paragraph 1(h) hereof)Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq. and any governmental regulations relating thereto, including any required alterations for purposes of “public accommodations” under such statute. Tenant will shall not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done do any act which will in any way would increase the existing rate of fire insurance on the Building or contents; and cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the event thatPremises, any article which may be prohibited by reason the standard form of acts of Tenantfire insurance policy, there unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any increase waste upon the Premises, or any public or private nuisance in the rate of Insurance on or around the Building or contents created the Property, (ii) allow any sale by Tenant's acts auction upon the Premises, (iii) place any loads upon the floor, walls, or conduct ceiling of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will conduct its business and control its agentscause any substantial noise or vibration or in any manner damage the Building, employees and invitees (v) place any harmful liquids in such a manner as not to create any nuisancethe drainage system or in the soils surrounding the Building, nor or (vi) disturb or unreasonably interfere with, annoy or disturb with other tenants or Landlord in management of the Building. If any of Tenant’s office machines or equipment disturbs the quiet enjoyment of any other tenant in the Building, then Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decorationshall provide adequate insulation, or install any signstake such other action as may be necessary to eliminate the disturbance, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition all at Tenant’s sole cost and repair at all timesexpense.

Appears in 2 contracts

Samples: Lease Agreement, Amendment of Lease Agreement (E2open Inc)

Use. Tenant shall use the Premises premises only for the permitted use (as defined in Paragraph 1(h) hereofthe Basic Lease Information). Tenant will not occupy or use the Premisespremises, or permit any portion of the Premises premises to be occupied or used used, for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance insurance on the Building or contents created by Tenant's ’s acts or conduct of business than business, then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase promptlyon demand and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to the use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesthe premises. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings lighting or decorationdecorations, or install any signs, window or door lettering or advertising media of any type on or about the Premises premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 2 contracts

Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)

Use. Tenant The demised premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use (as defined of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole any manner, including, without limitation, any method of storage which would render the insurance thereon void or deemed the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to be disreputable in disallow any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building or contents created building in which Tenant occupies space is caused by Tenant's acts use and occupancy of the premises, or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptlyto Landlord. Tenant will conduct its business agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and control its agents, employees and invitees in such a manner as not equipment pertaining to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management Tenant's use of the Buildingpremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant will maintain the Premises in a cleanshall hold harmless Landlord from any loss, healthful liability, and safe condition expenses, both real and will comply with all lawsalleged, ordinances, orders, rules and regulations (state, federal, municipal and other agencies arising out of such damage or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. repair caused by Tenant's obligation negligence or failure to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesthis paragraph.

Appears in 2 contracts

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

Use. Tenant shall use and occupy the Premises only for a medical and beauty consultation and administration office and for no other purpose. 5 In the event the Tenant uses the Premises for purposes not expressly permitted herein, the Landlord may terminate the Lease, or without notice to Tenant, restrain said improper use (as defined in Paragraph 1(h) hereof)by injunction. Tenant will shall not occupy do or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance on upon the Building or any of its contents; and in the event that, by reason or cause a cancellation of acts of Tenant, there shall be any increase in the rate of Insurance on insurance policy covering the Building or contents created by Tenant's acts any part thereof or conduct any of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyits contents. Tenant will conduct its business and control its agents, employees and invitees in such a manner as shall not to create any nuisance, nor interfere with, annoy do or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not permit anything to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on done in or about the Premises which will in any way obstruct or any part thereof. Should Landlord agree in writing to any interfere with the rights of other Tenants or occupants of the foregoing items Building or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. In the event Tenant's permitted use of the Premises increases the existing rate of or affects any fire or other insurance, then and in that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the Premises as a Tenant, or by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall be deemed to have accepted the same and to have acknowledged that the Premises are conclusively in the preceding sentence, condition required by the Lease. This Lease does not grant Tenant will maintain such permitted items in good condition any right of air and repair at all timeslight over and about the Premises or the Building.

Appears in 2 contracts

Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions in Section 1.1 of this Lease, and in compliance with all Legal Requirements now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”). Tenant shall shall, upon 5 days’ written notice Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 4.6) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant not use or permit the Premises to be used for any purpose or in any manner that would void or Landlord’s insurance, increase the insurance cost, or cause the disallowance of any sprinkler or other credits. Tenant shall reimburse Landlord promptly upon demand for any additional charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant will not occupy commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or permit any portion of using or allowing the Premises to be occupied or used for any business unlawful purpose. Tenant shall cause any equipment or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed machinery to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and installed in the event thatPremises so as to reasonably prevent sounds or vibrations from Premises from extending into Common Areas, by reason of acts of Tenant, there shall be any increase or other space in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyProject. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will shall not, without the prior written consent of Landlord, such consent not use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the capacity of the as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to be unreasonably withheld, paint, install lighting, window coverings the interior or decoration, or install any signs, window or door lettering or advertising media the exterior of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any the Project that are required by Legal Requirements (including, without limitation, compliance of the foregoing items in Premises with the preceding sentenceADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant will maintain shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (to the extent that such permitted items in good condition and repair at all timesClaims do not arise from the failure of Landlord’s Work to comply with any Legal Requirements).

Appears in 2 contracts

Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the permitted use (as defined purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Paragraph 1(h) hereof)accordance with all applicable governmental laws and ordinances, and for no other purpose. Tenant will shall not occupy or use the Premises, do or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance on covering the Building Premises or any part thereof, or any of its contents; and in , or will cause a cancellation of any insurance covering the event that, by reason of acts of Tenant, there shall be Premises or any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlypart thereof. Tenant shall not do or permit to be done anything in, on or about the Premises which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or interfere with, annoy or disturb with the rights of other tenants or Landlord in management occupants of the BuildingPremises or neighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant will maintain shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a cleanpart, healthful and safe condition and will comply with all lawsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, ordinancessupplies, ordersequipment, rules and regulations (statefinished products or semi-finished products, federal, municipal and other agencies raw materials or bodies having articles of any jurisdiction thereof) with reference nature shall be stored upon or permitted to use, condition or occupancy of remain outside the Premises. Tenant's obligation Tenant shall not place anything or allow anything to comply with all laws specifically includes be placed near the glass of any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitieswindow, door partition or wall which may appear unsightly from outside the Premises. Tenant will notNo loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, such consent . Tenant shall not commit or suffer to be unreasonably withheldcommitted any waste in or upon the Premises. Tenant shall indemnify, paintdefend and hold Landlord harmless against any loss, install lightingexpense, window coverings or decorationdamage, reasonable attorneys' fees, or install liability arising out of failure of Tenant to comply with any signsapplicable law related to Tenant's use of the Premises. Tenant shall comply with any covenant, window condition, or door lettering or advertising media restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of the Landlord only and shall not be construed to be for the benefit of any type on tenant or about the Premises or any part thereof. Should Landlord agree in writing to any occupant of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 2 contracts

Samples: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)

Use. Tenant shall may use the Demised Premises only as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premisessale and/or distribution of supplies, or permit any portion of the Premises to be occupied or used equipment and apparel for any business or purpose other than the permitted use marine and boating uses or for any use or other lawful purpose for which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by TenantLandlord provides it's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlordconsent, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration. Landlord's consent shall be deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the Entire Premises, or install any signs, window (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. Tenant shall indemnify and hold Landlord harmless of and from all fines or door lettering or advertising media penalties imposed by law arising by reason of the violation by Tenant of any type on laws, rules, ordinances or about regulations relating to the conduct of business in the Demised Premises issued by any governmental authority having jurisdiction over the Demised Premises. Tenant shall not have any obligation to continuously use or occupy the Demised Premises or conduct business therein during the Term and Tenant shall have the right (at any part thereof. Should Landlord agree in writing time and from time to any time) to discontinue the use and occupancy of the foregoing items Demised Premises or cease the conduct of business therein; provided, however, that neither the cessation of Tenant's use or occupancy of the Demised Premises nor the discontinuation of the conduct of business therein shall relieve or discharge Tenant from its obligation to pay Rent, Additional Rent or other amounts payable by Tenant and perform the obligations required by this Lease in the preceding sentence, Tenant will maintain such permitted items in good condition time and repair at all timesmanner set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)

Use. Tenant Lessee shall use the Demised Premises as a recreational vehicle sales and service facility, uses ancillary thereto, and no other purpose. In the event zoning or other laws or ordinances regulating the use of the Demised Premises at any time during the initial lease term or any extension thereof shall be modified or changed, Lessee shall use the Demised Premises only for the permitted use (such purposes as defined in Paragraph 1(h) hereof)comply with such laws or ordinances. Tenant Lessee agrees that it will not permit any unlawful occupation, business or trade to be conducted on the Demised Premises or any use to be made thereof contrary to any Legal Requirements, the REA or the other provisions of this Lease. Lessee shall not use or occupy or use permit the Premises, or permit any portion of the Demised Premises to be occupied used or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fireoccupied, nor do or permit anything to be done which will in any way increase the rate of fire insurance or on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Demised Premises or any part thereof. Should Landlord agree , in writing a manner that would in any way violate any certificate of occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by Lessee, or that will cause or be likely to cause structural injury to any of the foregoing items leased Improvements, or that will constitute a public or private nuisance or waste. Nothing in this Lease contained and no action or inaction by Lessor shall be deemed or construed to mean that Lessor has granted to Lessee any right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of Lessor in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesDemised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Holiday Rv Superstores Inc), Lease Agreement (Holiday Rv Superstores Inc)

Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant shall and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (as defined in Paragraph 1(h) hereofcollectively, “Legal Requirements”). Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's specific use or occupation of the Premises. Tenant will not occupy use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or permit any portion of because Tenant vacates the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of firePremises, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there then Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyto Landlord. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management Any occupation of the BuildingPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant will maintain Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to the interior of the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference changes to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing the Building that relate solely to any the specific manner of use of the foregoing items Premises by Tenant, and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord's sole responsibility pursuant to the preceding sentenceprovisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, Tenant will maintain such permitted items building codes, regulations and ordinances in good condition and repair at all timeseffect on the Commencement Date of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)

Use. Tenant The Demised Premises shall use the Premises be used only for the permitted use set forth on the summary page hereof (as defined in Paragraph 1(h“Permitted Use”) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used and for any no other business or purpose other than purpose. No act shall be done in or about the permitted use or for any use or purpose which Demised Premises that is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which that will in any way increase the existing rate of fire insurance on the Building or contents; and in the event that, that is prohibited by reason or causes a cancellation of acts of Tenant, there shall be any increase in the rate of Insurance on insurance policy covering the Building or contents created by Tenant's acts any part thereof or conduct any of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyits contents. Tenant will conduct its business and control its agentsshall not commit or allow to be committed any waste upon the Demised Premises, employees and invitees or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will shall not, without the prior written consent of Landlord, such consent not to be unreasonably withhelduse any apparatus, paint, install lighting, window coverings machinery or decoration, or install any signs, window or door lettering or advertising media of any type on device in or about the Demised Premises which will overload the Building or any part thereofportion thereof or which will cause any substantial noise or vibration or fumes. Should Landlord agree in writing to If any of Tenant’s office machines and equipment should create noise, vibration, fumes or otherwise disturb the foregoing items quiet enjoyment of any other tenant in the preceding sentenceBuilding, then Tenant will maintain shall provide adequate insulation, or take such permitted items other action as may be necessary to eliminate the disturbance. Tenant shall comply with all laws relating to its use or occupancy of the Demised Premises and shall observe such reasonable rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises and the Building, and for the preservation of good order therein. The rules and regulations in good condition effect at the time of the making of this Lease are attached hereto as Exhibit “F” and repair at all timesare subject to change by Landlord from time to time, which changes shall be effective not sooner than ten (10) days following written notice thereof to Tenant.

Appears in 1 contract

Samples: Lease (Combinatorx, Inc)

Use. The Demised Premises shall be used and occupied by Tenant solely for the purposes of general office, showroom, warehouse and light manufacturing (collectively, the “Permitted Uses”) and Tenant agrees that such use shall be in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Premises. Tenant shall immediately discontinue any use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Demised Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful not in part compliance with any applicable laws, ordinances or governmental regulations. The Demised Premises shall not be used in whole such manner that, in accordance with any requirement of law or deemed to of any public authority, Landlord shall be disreputable in any manner or extrahazardous obliged on account of firethe purpose or manner of said specific use by Tenant (as opposed to office, nor permit anything showroom, warehouse or light manufacturing use generally) to be done which will in make any way increase the rate of fire insurance on the Building addition or contents; and alteration to or in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyBuilding. Tenant will shall occupy the Demised Premises, conduct its business and control its agents, employees employees, invitees and invitees visitors in such a manner way as is lawful, and will not to permit or create any nuisance, nor unusual or unreasonable noise, noxious odor, or otherwise unreasonably interfere with, annoy or disturb any other tenants tenant in the Building in its normal business operations or Landlord in its management of the Building. Tenant will maintain Tenant’s use of the Demised Premises in a clean, healthful shall conform to all the Landlord’s rules and safe condition and will comply with all laws, ordinances, orders, regulations relating to the use of the Building so long as such rules and regulations (statei) are binding on all tenants of the Building, federal(ii) are not enforced in a discriminatory manner, municipal and other agencies (iii) do not materially reduce Tenant’s rights hereunder or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premisesincrease Tenant’s liabilities hereunder. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without Outside storage on the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media Building of any type of equipment, property or materials owned or used on or about the Premises by Tenant or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentenceits customers and suppliers shall not be permitted, Tenant will maintain such permitted items in good condition and repair at all timesunless otherwise stated.

Appears in 1 contract

Samples: Commercial Lease (Thoratec Corp)

Use. (a) Tenant shall use the Premises only for the permitted use (as defined set forth in Paragraph 1(h) hereofSubparagraph 1(m). Tenant will , and shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or purpose other than the permitted use Project or for any use or purpose which is unlawful in part or in whole or shall be deemed to be disreputable a warranty by Landlord that the Premises are suitable for a particular use. Tenant shall not use or occupy the Premises in violation of any manner present or extrahazardous on account future applicable law, and shall, upon written notice from Landlord, discontinue any use of firethe Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way increase obstruct or interfere with the rate rights of fire insurance on other tenants or occupants of the Building or contents; and in the event thatProject, by reason of acts of Tenantor injure or annoy them, there shall be any increase in the rate of Insurance on the Building (iii) use or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain allow the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheldused for any improper, paintimmoral, install lighting, window coverings unlawful or decorationobjectionable purpose, or install (iv) cause, maintain or permit any signsnuisance in, window or door lettering or advertising media of any type on or about the Premises Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any part portion thereof. Should 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 partitions to be considered a part of the live load. Landlord agree reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in writing the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any of the foregoing items other space in the preceding sentenceBuilding or Project shall be so installed, maintained and used by Tenant will maintain as to eliminate such permitted items vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in good condition and repair at all timesthe Premises.

Appears in 1 contract

Samples: Lease Agreement (Innovega Inc.)

Use. Tenant The Premises shall use the Premises be used only for the permitted purpose of receiving, storing, shipping and selling (other than at retail) and fabricating / assembling printed circuit boards and products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, including headquarters offices and administrative functions of the Tenant. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that Landlord consents to the parking of Tenant's trucks (bobtail and tractor-trailer), and the use (as defined by Tenant of a trash compactor or similar receptacle, at Tenant's loading docks at the rear of the building. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in which the Premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation, any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fireInsurance or other insurance authority to disallow any sprinkler credits. Tenant shall not use the Premises for the generation, nor permit anything to be done which will storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances, except as hereinafter provided below. Tenant's permitted use of the Premises shall also include printed circuit board insertion and product assembly operations, soldering and wave-flow operations, sapanofiers in any way increase the rate of fire insurance on the Building or contents; aqueous cleaning operations with recycling system, and in the event that, by reason of acts conformal coating and painting operations. All of Tenant, there 's operations shall be any increase performed in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business accordance with acceptable industry standards and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will shall comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premisesenvironmental regulations. Tenant's obligation to comply with permitted use of the Premises shall further include the use, receipt, storage, and handling of: (a) explosive or highly flammable material, as identified by Tenant on Exhibit "C"; and (b) hazardous materials and related waste, and the discharge of gases and fumes (by means of external equipment venting through exhaust curbs), all laws specifically includes any and all laws applicable to as identified by Tenant and relating to environmental hazards and to accessibility by persons with disabilitieson Exhibit "C". Tenant will notmay, without the prior after receipt of Landlord's written consent of Landlord, such (which consent shall not to be unreasonably withheld), paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type modify the list on or about the Premises or any part thereof. Should Landlord agree in writing Exhibit "C" to any of the foregoing items include additional materials reasonably required by Tenant in the preceding sentenceconduct of its business. Tenant warrants and agrees: (c) to store, Tenant will maintain such permitted items as necessary, all flammable substances in good condition UL-approved flammable liquid storage cabinets; and repair (d) to store all hazardous materials and waste in appropriate containers and at all timesan appropriate location on the Premises, and to dispose of hazardous waste using state-approved and licensed subcontractors.

Appears in 1 contract

Samples: Lease Agreement (Technology Service Group Inc \De\)

Use. Tenant (a) The Garage shall use be used by Licensee solely as a parking garage for motor vehicles and any other purpose or purposes incidental thereto, including, but not limited to, the Premises only right to maintain at Licensee's sole expense one or more collection booths on the Garage and to place any personal property or trade fixtures necessary for such purposes in or on the permitted use (as defined in Paragraph 1(h) hereof)Garage. Tenant will Licensee shall not occupy or use the Premisesuse, or permit the Garage or any portion of the Premises part thereof to be occupied or used used, for any business or purpose other than the permitted use or purpose for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance Garage are hereby licensed. Three hundred seventy-five (375) parking spaces located on the Building or contentsnortherly end of the Garage shall be reserved for the use of the patrons of the Natural History Museum of Los US-DOCS\80909403. 9 Angeles County ("NHM') in accordance with the terms of the lease between Licensee and NHM (such parking spaces, the "NHM Reserved Spaces"); and the balance of the parking spaces located in the event that, by reason of acts of Tenant, there Garage shall be any increase in reserved for the rate use of Insurance on the Building or contents created by TenantMuseum's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agentspatron, employees and invitees (such parking spaces, the "Museum Reserved Spaces"), unless otherwise expressly provided in such a manner as not this License. No use shall be made or permitted to create any nuisancebe made of the Garage, nor interfere withacts done in, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a cleanon, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Garage, that will increase the existing rate of insurance on the Property, or cause a cancellation of any insurance policy covering the Property, or any part thereof. Should Landlord agree , nor shall Licensee sell or permit to be kept, used, or sold, in writing to or about the Garage, any article that may be prohibited by the standard form of fire insurance policies; provided that Licensee's use of the foregoing items Garage for the normal parking of passenger vehicles in the ordinary course in compliance with the terms of this License shall not violate the restrictions contained in the preceding portion of this sentence.. Licensee shall not commit, Tenant will maintain such permitted items or suffer to be committed, any public or private nuisance, or other act or thing that may injure, annoy, or disturb the quiet enjoyment of any occupant of neighboring properties or Licensor of the balance of the Property; nor, without limiting the generality of the foregoing, shall Licensee allow the Garage to be used for any improper, unlawful, or objectionable purpose. Licensee shall not place any harmful liquids in good condition and repair at all timesthe drainage system of the Garage or of the Property. Licensee shall not place on the floors, walls, ceilings, or roof any loads that might endanger the structure, nor overload any electrical, mechanical, or other systems.

Appears in 1 contract

Samples: expositionpark.ca.gov

Use. The Premises shall be used and occupied for general business office purposes, including, but not limited to, software development, training and other related legal uses including, but not limited to, cafeteria, entertainment room, fitness center, showers and locker rooms and for no other use or purpose without Landlord's prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Landlord's consent may be reasonably withheld, conditioned or delayed for reasons including, but not limited to, the unusual demands of any particular use on the Building Systems, consistency of the use with the character of the Building, and any conflict of the use with other tenants. Tenant shall comply with all present and future Laws relating to Tenant's particular use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the permitted use "Building Rules" (as defined in Paragraph 1(h) hereofSection 26 - Rules and Regulations). Landlord shall comply with all present and future Laws relating to the Building generally. Tenant will shall not occupy do, bring, keep or use sell anything in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner that will constitute waste or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb the quiet enjoyment of or otherwise disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will shall not, without the prior written consent of Landlord, such Landlord (which consent shall not to be unreasonably withheld, paintconditioned or delayed), install lighting(i) bring into the Building or the Premises anything that may cause substantial noise, window coverings odor or decorationvibration, overload the floors in the Premises or the Building or any of the heating, ventilation and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or install any signs, window or door lettering or advertising media jeopardize the structural integrity of any type on or about the Premises Building or any part thereof. Should Landlord agree ; (ii) except as may otherwise be provided in writing the Lease, connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) except as may otherwise be provided in the Lease, connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the foregoing items in rated capacity of the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timescircuit.

Appears in 1 contract

Samples: Part of Lease Agreement (FSP 50 South Tenth Street Corp)

Use. Tenant The Premises shall use the Premises be used only for the permitted use purposes of receiving, storing, shipping, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as defined in Paragraph 1(h) hereof)may be incidental thereto. Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees activities in such a manner as to not constitute a violation of the covenants and deed restrictions of Century Plaza. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall obtain, at its own cost and expense, any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to create the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or in connection with the Premises, all at Tenant's sole expense. Tenant shall not permit any nuisanceobjectional or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor interfere with, annoy take any other action which would constitute a nuisance or would disturb or endanger any other tenants or Landlord in management Tenants of the Buildingbuilding situated on the Premises or unreasonably interfere with their use of their respective Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will maintain not permit the Premises to be used for any purpose or in a cleanany manner, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will notincluding, without limitation, any method of storage) which would render the prior written consent insurance thereon void or the insurance risk more hazardous or cause the State Board of Landlord, such consent not Insurance or other insurance authority to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install disallow any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessprinkler credits.

Appears in 1 contract

Samples: Lease Agreement (Industrial Data Systems Corp)

Use. The Premises shall be used and occupied for general business office and administrative purposes, manufacturing and warehousing, research and development and for other legal related uses incidental to the operation of a medical instrumentation company, and for no other use or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Premises, except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises only for use as office space, and not required or caused by Tenant’s particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the permitted use cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above), and shall observe the “Building Rules” (as defined in Paragraph 1(h) hereofSection 27 - Rules and Regulations). Tenant will shall not occupy do, bring, keep or use sell anything in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner that will constitute waste or extrahazardous on account a nuisance, or disturb the quiet enjoyment of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and otherwise annoy other tenants in the event thatProject. Without limiting the foregoing, by reason the Premises shall not be used to manufacture goods or products, for educational activities, practice of acts medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Notwithstanding the foregoing, Tenant (including its Affiliates) shall have the right to use from time to time a portion of the Premises for training sessions for Tenant’s employees, there shall be and customers so long as the number of people attending such training at any increase given time comply with the parking limitations contained in the rate Section 35 of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlythis Lease. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will shall not, without the prior written consent of Landlord, such consent not to be unreasonably withheldbring into the Building or the Premises anything that may cause substantial noise, paintodor or vibration, install lightingoverload the floors in the Premises or the Building or any of the heating, window coverings ventilating and air-conditioning (“HVAC”), mechanical, plumbing, electrical, fire protection, life safety, security or decorationother systems in the Building (“Building Systems”), or install any signs, window or door lettering or advertising media jeopardize the structural integrity of any type on or about the Premises Building or any part thereof. Should Landlord agree in writing ; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the foregoing items in rated capacity of the preceding sentencecircuit. Tenant shall honor and comply with the terms of all recorded covenants, Tenant will maintain such permitted items in good condition conditions and repair at all timesrestrictions relating to the Property.

Appears in 1 contract

Samples: Lease Agreement (Fox Hollow Technologies Inc)

Use. Tenant shall use occupy the Premises only solely for the permitted use (as defined in Paragraph 1(h) hereof)Permitted Use. Tenant will The Premises shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not . Subject to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about Landlord's obligation to deliver the Premises to Tenant in compliance with applicable laws, rules and regulations (except as the same is limited under EXHIBIT B), Tenant shall comply, at Tenant's expense, with (i) all present and future laws, ordinances, regulations and orders of the United States of America, the Commonwealth of Virginia and any other public or quasi-public federal, state or local authority having jurisdiction over Tenant's use, occupancy and operations within the Premises, and (ii) any reasonable requests of Mortgagee or any part thereofinsurance company providing coverage with respect to the Premises. Should The foregoing notwithstanding, Landlord agree in writing to shall remain responsible for any improvements required by the Americans with Disabilities Act, any by applicable life, fire and safety codes or similar laws, rules and regulations, except (i) Tenant shall be responsible for all of the foregoing items to the extent arising out of (A) Tenant's specific use of the Premises, (B) the failure of Tenant Improvement designed by Tenant's architect pursuant to EXHIBIT B to so comply, unless (1) such failure is the result of deviations in construction from Approved Plans, (2) the preceding sentenceapplicable item within such Approved Plans would have been in compliance with such laws, codes and regulations but for such deviation(s), and (3) such deviation is itself NOT due to the acts or omissions of a general contractor, subcontractor or other party designated or selected by Tenant, and/or (C) any Alterations to the Premises made by or on behalf of Tenant, and (ii) Landlord shall have the right to include the expenses associated with any such improvements as Operating Expenses to the extent permitted under Sections 7.2 and 7.3 of the Lease (and subject to the limitations set forth therein). Tenant will maintain such permitted items shall not use or occupy the Premises in good condition any manner that is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance to Landlord or the other tenants of the Building. Tenant shall not use, store or dispose of any hazardous, dangerous, inflammable, toxic or explosive materials on the Premises, other than Permitted Materials (as defined in, and repair at all timessolely to the extent allowed under, Article 26 of this Lease).

Appears in 1 contract

Samples: Pathnet Telecommunications Inc

Use. Tenant The premises shall use the Premises be used only for the permitted use purpose of receiving, manufacturing, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided however that Tenant agrees that if the City of Plymouth or any other entity notifies Tenant that manufacturing is in violation of the zoning code of the City of Plymouth, Tenant shall take such steps as necessary to cause the operation of Tenant's business in the Premises to comply with said zoning code; and provided further that Tenant further agrees that any such notification by the City of Plymouth or other entity shall not work a constructive eviction or entitle Tenant to terminate this Lease and there shall be no reduction in base rent or Operating Costs (as defined hereinafter defined) as a result of such violation and/or such corrective steps. Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account (including without limitation any method of fire, nor permit anything to be done storage) which will in any way increase would render the rate of fire insurance on the Building or contents; and in the event that, by reason Property void or the insurance risk more hazardous or cause the State Board of acts of Tenant, there shall be Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord for the Building or contents created is caused by Tenant's acts or conduct use and occupancy of business than the Premises, then Tenant hereby agrees to shall pay to Landlord landlord as additional rent the amount of such increase promptlyincrease. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Notwithstanding Tenant's obligation to comply with all laws specifically includes laws, Tenant shall have no obligation to remedy any instances of noncompliance as to the Building shell which Landlord is obligated to repair pursuant to Paragraph 1 above, and in no event shall Tenant have any liability for toxic or hazardous materials except to the extent caused by Tenant, its agents, servants, contractors, licensees or invitees except, as to such invitees Tenant shall only have liability if Tenant knew or reasonably should have known that its invitee was bringing Hazardous Substances (as defined in Paragraph 26) onto the Property. Operating Costs. Upon demand, Tenant shall pay to Landlord, as additional rent during the term hereof, Tenant's proportionate share of Operating Costs, as hereinafter defined, calculated on the basis of the ratio set forth in Paragraph 4E. As used in this lease, the term "Operating Costs" shall mean any and all laws expenses, costs and disbursements of any kind and nature whatsoever incurred by Landlord in connection with the ownership, management, maintenance, operation and repair of the Property or the Building which landlord shall pay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred). Operating Costs shall include, without limitation, the costs of maintenance, repairs, and replacements to the Building including roof, walls, downspouts, gutters, painting, and sprinkler systems; the costs of maintaining and repairing parking lots, parking structures and easements; property management fees, salaries, fringe benefits and related costs payable to employees of Landlord whose duties are connected with the Property; insurance costs, all heating and air conditioning costs, electricity, sewer and water and other utility costs not separately metered to tenants, landscape maintenance, trash and snow removal, taxes, as defined in Xxxxxxxxx 0X, and costs and expenses incurred by Landlord in protesting any assessments, levies or the tax rate, provided, however, that Operating Costs shall not include the following: (i) costs of alterations of any tenant's premises; (ii) costs of curing construction defects; (iii) depreciation; (iv) interest and principal payments on mortgages, and other debt costs; (v) real estate brokers' leasing commissions or compensation; (vi) any cost or expenditure (or portion thereof) for which landlord is reimbursed, whether by insurance proceeds or otherwise; and (vii) cost of any service furnished to any other occupant of the Building which landlord does not provide to Tenant hereunder. Notwithstanding anything contained herein to the contrary, depreciation of any structural repairs or replacements to the Building, or of any capital improvements made after the date of this lease which are intended to reduce Operating Costs or of any capital improvements which are required under any governmental laws, regulations, or ordinances which were not applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement, structural repair or replacement shall be reasonably determined by Landlord. In addition, interest on the undepreciated cost of any such improvement, structural repair or replacement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. Notwithstanding anything to the contrary contained in the Lease, Operating Costs shall, in no event, include the following: Repairs or other work occasioned by fire, windstorm or other casualty except the amount of any "deductible" payable under insurance policies and except glass breakage and/or earthquake damage if not insured against, or by exercise of the right of eminent domain; Leasing commissions, attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants; Expenses of renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space; Landlord's costs of electricity and other services sold to tenants of the building and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant, other than that billed as rent escalation; Depreciation; Costs of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment, and capital tools all in accordance with generally accepted accounting principles, except for the yearly amortized portion of said capital costs; Expenses in connection with services or other benefits of a type which are not provided Tenant but which are provided to another tenant or occupant of the Building; Costs incurred due to violation by Landlord or any other tenant of the terms and relating conditions of this Lease; Overhead and profit increment paid to environmental hazards subsidiaries or affiliates of Landlord for services on or the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate; Interest on debt or amortization payments on any mortgage or mortgages, and rental under any ground or underlying leases or lease; or rental or lease payments for parking; Landlord's general corporate overhead and general administrative expenses; Any compensation paid to accessibility clerks, attendants or other persons in commercial concessions operated by persons with disabilitiesLandlord; All items and services for which Tenant reimburses Landlord or pays third persons; and Advertising and promotional expenditures. Promptly after the commencement of this lease and during December of each year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its estimate of amounts payable under Paragraph 4A for the ensuing calendar year. On or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent one/twelfth (1/12th ) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the first day of the month after the month in which such notice is given. If at any time it appears to Landlord that the amounts payable under Paragraph 4A for the then current calendar year will vary from its estimate by more than five percent (5%). Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable, Landlord shall deliver to Tenant a summary of the total Operating Costs for the previous calendar year and Tenant's proportionate share thereof. If such summary shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent, within thirty (30) days after delivery of the summary. Tenant will not, without or its representatives shall have the prior right to examine Landlord's books and records of Operating Costs during normal business hours within sixty (60) days following the furnishing of the summary to Tenant. Unless Tenant takes written consent exception to any item within ninety (90) days following the furnishing of Landlordthe summary to Tenant (which item shall be paid in any event), such consent not summary shall be considered as final and accepted by Tenant. If it is determined that Tenant paid Operating Costs in excess of one hundred and five percent (105%) of actual Operating Costs, Landlord shall pay the reasonable costs of Tenant's audit within thirty (30) days after receipt of copies of invoices with proof of payment detailing such costs. If Landlord selects the accrual accounting method rather than the cash accounting method for operating expense purposes, Operating Costs shall be deemed to be unreasonably withheldhave been paid when such expenses have accrued. For purposes hereof the Premises total 27,259 square feet. The Building totals 106,070 square feet. Tenant's "proportionate share" of 25.7% is arrived at by dividing 106,070 into 27,259. Landlord agrees to pay before they become delinquent all taxes, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media installments of special assessments and governmental charges of any type on or about kind and nature whatsoever (herein collectively referred to as "taxes") lawfully due and payable with respect to the Premises Building and the Property. If at any time during the term of this lease, the present method of taxation shall be changed so that in lieu of the whole or any part thereofof any taxes, assessments or governmental charges levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents for the present or any future building or buildings on the Property, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "taxes" for the purposes hereof. Should Landlord's Responsibilities. Landlord agree shall maintain in writing good repair, reasonable wear and tear and any casualty covered by the provisions of Paragraph 12A excepted, all parts of the Building, other than tenants' premises, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or nonstructural, including roof, foundation, walls, downspouts, gutters, sprinkler system; regularly mow any grass, remove weeds and perform general landscape maintenance; and maintain and repair the parking lot and driveway areas. Tenant shall immediately give Landlord written notice of any defect or need for repairs after which Landlord shall have a reasonable opportunity to repair the same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the foregoing items in provisions of this Lease shall be limited to the preceding sentencecost of such repairs or maintenance or the curing of such defect. The term "walls" as used herein shall not include windows, Tenant will maintain such permitted items in good condition and repair at all timesglass or plate glass, doors, special store fronts or office entries. Tenant's Responsibilities.

Appears in 1 contract

Samples: Lease Agreement (Protein Design Labs Inc/De)

Use. Tenant shall use the Premises only for the permitted uses set forth in Section 1 above, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, such consent not and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be unreasonably withhelda violation of law or of said Certificate of Occupancy. Tenant shall comply with any direction of any direction of any governmental authority having jurisdiction which shall, paintby reason of the nature of Tenant's use or occupancy of the Premises, install lightingimpose any duty upon Tenant or Landlord with respect to the use or occupation thereof. Tenant shall comply with all rules, window coverings orders, regulations and requirements of the Insurance Service Office or decorationany other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project, or install injure or annoy them, or use or allow the Premises to be used for any signsimproper, window immoral, unlawful or door lettering objectionable purpose, nor shall Tenant cause, maintain or advertising media of permit any type nuisance in, on or about the Premises. Tenant shall comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, the Building, the Common Area or the Project. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or any part and shall keep the Premises in first class repair and appearance. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Should Landlord agree in writing Further, Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the building structure or to any of the foregoing items other space in the preceding sentencebuilding shall be so installed, maintained and used by Tenant will maintain as to eliminate such permitted items in good condition and repair at vibration or noise. Tenant shall be responsible for all timesstructural engineering required to determine structural load.

Appears in 1 contract

Samples: Heritage Oaks Bancorp

Use. The Premises shall be used only for general office and warehouse purposes, including the design and prototyping of various medical products, for such other uses as may be designated on the Data Sheet and only for such other lawful purposes as may be incidental thereto. Outside storage including, without limitation, storage trucks and other vehicles, outside garbage containers and outdoor furniture are prohibited. Tenant shall be obligated to keep the area surrounding the garbage dumpster free from trash and debris and in a clean and sanitary condition. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with any governmental laws, ordinances, regulations, orders, or directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of Tenant's specific use of the Premises only or Building, in which event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any objectionable odors, smoke, dust, gas, noise, or vibrations to emanate from the permitted Premises, nor take any other action that may constitute a nuisance or may disturb or endanger any other tenants of the Building or neighboring buildings, or unreasonably interfere with any other tenant's use (as defined in Paragraph 1(h) hereof)of its premises. Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole any manner, including, without limitation, the storage or deemed to be disreputable in any manner parking of automobiles or extrahazardous on account of firetrailers, nor permit anything to be done which will in any way increase method of storage that would render the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be Property void or the insured risks more hazardous. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord for the Building or contents created Property is caused by Tenant's acts or conduct use and occupancy of business than the Premises, then Tenant hereby agrees to shall pay to Landlord as additional rent the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesincrease.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma Inc)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the permitted purpose of general office, light manufactur- ing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such use (as defined shall be in Paragraph 1(h) hereof)accordance with all applicable governmental laws and ordinances, and for no other purpose. Tenant will shall not occupy or use the Premises, do or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance on covering the Building Complex or any part thereof, or any of its contents; and in , or will cause a cancellation of any insurance covering the event thatComplex or any part thereof, by reason or any of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyits contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or interfere with, annoy or disturb with the rights of other tenants or Landlord in management occupants of the BuildingComplex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. No sale by auction shall be permitted on the Premises. Tenant will maintain shall not place any loads upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a cleanpart, healthful and safe condition and will comply with all lawsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, ordinancessupplies, ordersequipment, rules and regulations (statefinished products or semi-finished products, federalraw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of common area of the Complex. No loudspeaker or other device, municipal and other agencies system or bodies having any jurisdiction thereof) with reference to use, condition apparatus which can be heard outside the Premises shall be used in or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, at the Premises without the prior written consent of Landlord, such consent . Tenant shall not commit or suffer to be unreasonably withheldcommitted any waste in or upon the Premises. Tenant shall indemnify, paintdefend and hold Landlord harmless against any loss, install lightingexpense, window coverings or decorationdamage, attorneys' fees, or install liability arising out of failure of Tenant to comply with any signsapplicable law. Tenant shall comply with any covenant, window condition, or door lettering or advertising media restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any type on tenant or about the Premises or any part thereof. Should Landlord agree in writing to any occupant of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesComplex.

Appears in 1 contract

Samples: Lease Agreement (Paradigm Technology Inc /De/)

Use. (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the Permitted Use; provided, however, no retail sales may be made from the Premises. 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 only for in a careful, safe and proper manner and will not commit waste, overload the permitted floor or structure of the Premises or subject the Premises to use (as defined in Paragraph 1(h) hereof)that would damage the Premises. Tenant will shall not occupy permit any objectionable or use unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or permit take 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event action that, by reason of acts in Landlord’s reasonable discretion, with consideration given to the nature of Tenant’s Permitted Use and the Extended Project (as hereinafter defined), there shall be any increase in the rate of Insurance on the Building would constitute a nuisance or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agentswould disturb, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other endanger Landlord or any tenants or Landlord in management of the BuildingExtended Project (as hereinafter defined). Tenant will maintain Landlord acknowledges and agrees that steam or noise may emanate from the Premises in as a clean, healthful and safe condition and will comply result of Tenant’s Permitted Use. Such steam or noise shall not constitute a violation of this Lease provided Tenant complies with all applicable laws, ordinances, orders, rules ordinances and regulations (stateand does not unreasonably interfere with or endanger any tenants of the Extended Project. Outside storage, federalincluding without limitation, municipal storage of trucks and other agencies or bodies having any jurisdiction thereofvehicles, is prohibited without Landlord’s prior written consent; provided however, Tenant shall be permitted to store raw materials, shipping containers, truck trailers and similar items used in the ordinary course of Tenant’s business on a temporary basis not to exceed five (5) with reference to use, condition or occupancy days in the rear (West side) of Premises. Tenant's obligation to comply the Building provided Tenant complies with all laws specifically includes any applicable laws, ordinances and all laws regulations applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesstorage.

Appears in 1 contract

Samples: Lease Agreement (Gores Holdings VIII Inc.)

Use. The following new paragraph is hereby added to the end of Article IV A of the Lease (Use Restrictions and Rules) to read as follows: The Leased Premises are to be used solely for purposes set forth in this Lease. Tenant shall use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy do or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Leased Premises which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, if any, or injure, annoy, or disturb them, or allow the Leased Premises to be used for any improper, immoral, unlawful, or objectionable purpose, or commit any waste. Tenant shall not do, permit or suffer in, on, or about the Leased Premises the sale of any alcoholic liquor without the written consent of Landlord first obtained. Tenant shall comply in all material respects with all governmental laws, ordinances and regulations applicable to the use of the Leased Premises and its occupancy and shall promptly comply with (or properly contest, if applicable), all governmental orders and directions for the correction, prevention and abatement of any violations in the Building or appurtenant land, caused or permitted by, or resulting from the specific use by, Tenant, or in or upon, or in connection with, the Leased Premises, all at Tenant’s sole expense. Except as otherwise expressly permitted in this Lease, Tenant shall not do or permit anything to be done on or about the Leased Premises or bring or keep anything into the Leased Premises which will in any way increase the rate of, invalidate or prevent the procuring of fire any insurance on protecting against loss or damage to the Building or contents; and any of its contents by fire or other casualty or against liability for damage to property or injury to persons in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Building or any part thereof. Should Landlord agree in writing to any To the extent the terms of the foregoing items in above conflict with any provisions of Article IV A, the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesabove terms shall govern.

Appears in 1 contract

Samples: Lease Agreement (Genvec Inc)

Use. Tenant The demised premises shall use the Premises be used only for the permitted purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use (as defined of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances, in Paragraph 1(h) hereof)or upon, or connected with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenants use and occupancy of Insurance on the Building premises, or contents created by Tenant's acts or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Part of Lease Agreement (Cd Warehouse Inc)

Use. The Premises shall be used and occupied only for general office, administration, research and development and other legal uses not expressly prohibited herein, and for no other use or purpose. Landlord shall deliver the Building to Tenant shall use on the Premises only for Delivery Date in compliance with all Laws, including without limitation the permitted use Americans with Disabilities Act and all Environmental Requirements (as defined in Paragraph 1(h5.2(a)(2), below), and Landlord hereby represents and warrants that, as of the Lease Date, Landlord has not received any written notice of noncompliance with respect to the Property. At its sole expense, Landlord shall correct any noncompliance noted by Tenant in writing during the period of one (1) hereofyear after the Premises Delivery Date (the “Warranty Period”). After the expiration of the Warranty Period, Tenant, at its sole expense, shall comply with all present and future Laws relating to the condition, use or occupancy of the Premises (and shall discharge its obligations under Paragraph 7.1 in compliance with all Laws and shall make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the “Rules and Regulations” (as defined in Paragraph 28). The term “Laws,” as used in this Lease, means all statutes, ordinances, codes, rules, regulations, requirements, licenses, permits, certificates, judgments, decrees, orders or directives of any federal, state, county or local governmental or quasi-governmental authority, agency, department, board panel or court now in force or which may hereafter be in force, as same may be amended. Tenant will shall not occupy do, bring, keep or use sell anything in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of, any insurance policy covering the Property or any part thereof. Tenant shall not permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner that will constitute waste or extrahazardous on account a nuisance, or disturb any occupant of fireproperty adjacent to the Property. Without limiting the foregoing, nor permit anything to the Premises shall not be done which will in used for educational activities (other than Tenant’s internal training sessions), practice of medicine or any way increase of the rate of fire insurance on the Building healing arts, providing social services, for any governmental use (including embassy or contents; and in the event thatconsulate use), by reason of acts of Tenantor for a personnel agency, there shall be studios for radio, television or other media, travel agency or reservation center operations or uses for any increase in the rate of Insurance on the Building church or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlymanufacturing use. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will shall not, without the prior written consent of Landlord, such consent not to be unreasonably withheld(i) bring onto the Property anything that may cause substantial noise, paintodor or vibration, install lighting, window coverings overload the floors in the Building or decorationany of the Building Systems, or install jeopardize the structural integrity of the Building or any signspart thereof; or (ii) connect to any electrical circuit in the Building any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. The term “Building Systems,” as used in this Lease, window means the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing and sewer, electrical, fire protection, life safety, security and other systems in the Building and all components thereof. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to comply with or door lettering cause the Premises to comply with any Laws or advertising media insurance requirements requiring the construction of any type on or about alterations unless such compliance is necessitated solely due to Tenant’s particular use of the Premises or any part thereof. Should Landlord agree in writing to any alterations performed by Tenant after completion of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesImprovements.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Use. (a) Tenant shall use and occupy the Premises only for the permitted use (as defined set forth in Paragraph 1(h) hereof). Tenant will Article 1.G. of the Basic Lease Provisions and shall not use or occupy or use the Premises, Premises or permit any portion of the Premises same to be used or occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, which Landlord consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such consent a manner so as not to be unreasonably withheld, paint, install lighting, window coverings interfere with or decoration, or install any signs, window or door lettering or advertising media infringe upon the rights of any type on other tenants in the Project. Except for items which are Landlord’s responsibility hereunder, Tenant shall, at its sole cost and expense, promptly comply with all covenants, conditions and restrictions, laws, statutes, ordinances and governmental regulations or about requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises, excluding changes to the Premises or any part thereof. Should Landlord agree in writing its systems not related to any Tenant’s particular use of the foregoing items Premises (for other than normal and customary general office operations), and (ii) improvements installed or constructed in the preceding sentencePremises by or for the benefit of Tenant. Notwithstanding the foregoing, Tenant will maintain shall not be responsible for the cost of complying with any existing covenants, conditions and restrictions, laws, statutes, ordinances or governmental regulations or requirements relating to or affecting any portion of the Project other than the Premises required as a result of such permitted items initial tenant improvements installed or constructed in good condition the Premises by or for the benefit of Tenant (e.g., modifications to the Project parking facilities). Except as otherwise provided in Article 14(e) below, Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and repair at extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all timesrules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters.

Appears in 1 contract

Samples: Standard Office Lease (Capitalsource Inc)

Use. Tenant The premises shall use the Premises be used only for the permitted purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use (as defined of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, Tenant's use of the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord for the Building or contents created building in which Tenant occupies space is caused by Tenant's acts use and occupancy of the premises, or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Commercial Lease Agreement (Microage Inc /De/)

Use. Tenant A. The Premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use (as defined of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises should Tenant fail to xxxxx the nuisance or unreasonable interference with other Tenants. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in sprinkler credits. In the event thatTenant's use of Premises shall result in an increase in insurance premiums, by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessolely responsible for said increase.

Appears in 1 contract

Samples: Basic Lease Information (Gargoyles Inc)

Use. Tenant The premises shall use the Premises be used only for the permitted purpose of receiving, storing, light manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use (as defined of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or unreasonably interfere with their use of their premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account (including without limitation any method of fire, nor permit anything to be done storage) which will in any way increase would render the rate of fire insurance on the Building or contents; and in the event that, by reason Property void or the insurance risk more hazardous or cause the State Board of acts of Tenant, there shall be Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord for the Building or contents created is caused by Tenant's acts or conduct use and occupancy of business than the Premises, then Tenant hereby agrees to shall pay to Landlord as additional rent the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesincrease.

Appears in 1 contract

Samples: Lease Agreement (Sauer Inc)

Use. The Premises shall only be used for storage, service, design, ancillary office and final assembly of electrical charging stations and components, and for no other use. The Premises shall be used for no other purpose(s) without Landlord’s prior written consent which may be withheld in Landlord’s sole and absolute discretion. Landlord may require Tenant to reimburse Landlord for the reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of reviewing, investigating, and processing any request by Tenant for consent to any such new use(s) of the Premises. Any funds, so expended by Landlord shall be due and payable by Tenant to Landlord upon ten (10) days notice. Tenant shall use neither do (nor permit others to do) any act in or about the Premises only for that is unlawful or that will increase the permitted use (as defined in Paragraph 1(h) hereof)existing rate of insurance on the Building and/or the Premises. Tenant will shall not occupy commit or use allow to be committed any waste upon the Premises, or permit any portion public or private nuisance. Tenant shall promptly (and at Tenant’s sole expense) comply with all laws (whether now in effect, or subsequently enacted) relating to Tenant’s use and occupancy of the Premises including but not limited to ADA, and shall observe the reasonable rules and regulations which may be occupied or used adopted by Landlord for any business or purpose other than the permitted use or for any use or purpose which is unlawful safety, care and cleanliness of the Premises and the Property. In particular, and without limiting the foregoing, except as otherwise expressly provided in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenantthis Lease, there shall be no storage and no act or omission which violates any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal state or local ordinance controlling the uses or presence of hazardous substances, including but not limited to the Comprehensive Environmental Compensation and other agencies or bodies having any jurisdiction thereof) with reference to useLiability Act, condition or occupancy of Premises42 U.S.C. Section 9601 et seq. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times(CERCLA).

Appears in 1 contract

Samples: Lease (Volta Inc.)

Use. (A) Tenant shall may use and occupy the Premises for general office and warehouse use and such other uses as are conducted thereon as of the date hereof. Tenant may also use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed lawful purposes similar to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply those stated above with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord. Tenant shall not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Building, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media materially impair the value of any type on or about the Building and Premises or any part thereofthereof or materially increase the dangers, or pose unreasonable risk of harm, to third parties (on or off of the Premises) arising from activities thereon. Should Landlord agree Tenant will pay all extra insurance premiums which may be caused by the use which Tenant shall make of the Premises. Tenant will not in writing any manner deface or injure the Building or any part thereof or overload the floors of the Premises. Tenant will not do anything or permit anything to be done upon the Premises in any way tending to create a public or private nuisance, or tending to disturb any other tenant in the Building or the occupants of neighboring property or tending to injure the reputation of the Building or commit waste thereon. Tenant will promptly and fully comply with all governmental, health and police requirements and regulations respecting its use of the Premises. Tenant will not use the Premises for lodging or sleeping purposes or for any immoral or illegal purposes. Tenant shall not conduct nor permit to be conducted on the Premises any business which is contrary to any of the laws of the United States of America or of the State of Illinois or which is contrary to the ordinances of the City of Elgin. Tenant shall not at any time manufacture, sell, or give away, and shall not at any time permit the manufacture, sale, or gift of any spirituous, fermented, intoxicating or alcoholic liquors or controlled substances on the Premises, except that the foregoing items shall not be deemed to prohibit the occasional use of alcoholic beverages for entertainment purposes, so long as Tenant has in the preceding sentence, Tenant will maintain such permitted items full force and effect (and delivered to Landlord a certificate of insurance therefor) a policy of host liquor liability or dram-shop insurance in good condition form and repair amounts at all timestimes reasonably satisfactory to Landlord. Tenant shall not at any time sell, purchase or give away, or permit the sale, purchase or gift of, food in any form on the Premises, except for coffee service and vending machines for its employees or as otherwise permitted by rules and regulations. The foregoing use prohibitions shall be deemed to apply to any subtenant or assignee of Tenant without requirement of further or additional notice.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Sanfilippo John B & Son Inc)

Use. Tenant The Premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use (as defined of the Premises. Subject to the provisions of this Lease dealing with Access Laws, Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method or extrahazardous on account storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in sprinkler credits. In the event thatTenant's use of Premises shall result in an increase in insurance premiums, by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessolely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Applied Voice Technology Inc /Wa/)

Use. Tenant shall use the The Premises may be used only for the permitted purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes in accordance with the applicable zoning requirements and ordinances. Notwithstanding the foregoing, Tenant may use the premises for limited and occasional retail purposes provided (as defined a) such use may not violate any applicable laws, zoning ordinances or other rules or regulations and (b) Tenant must be the only tenant in Paragraph 1(hthe Building. If there is ever another tenant in the Building, retail use of any type must be approved in writing by Landlord using commercially reasonable judgment. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, provided Tenant may park trucks, trailers, and other vehicles in the truck court or other areas designated by Landlord for trailer storage, subject to the fooling requirements: (i) hereof)all trucks, trailers and other vehicles shall be parked in an organized manner with a neat appearance; (ii) no vehicle shall remain parked at the Premises for more than one week; (iii) Tenant shall comply with all applicable rules, regulations and laws, including all local zoning ordinances that relate to the parking of vehicles at the Premises; (iv) Tenant shall not permit the parking of vehicles, trucks or trailers on any streets or access routes to the Premises; and (v) Tenant shall comply with the reasonable rules and regulations of Landlord relating to parking and ingress and egress to the Premises. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for Tenant's operations. Tenant shall, at Tenant's sole expense, promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises and related to Tenant's use or occupancy thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor allow pests or vermin in the Premises nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Project or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on risk more hazardous or cause the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate State Board of Insurance on the Building or contents created by Tenant's acts or conduct of business than other insurance authority to disallow any sprinkler credits. Upon obtaining actual knowledge, Tenant hereby agrees to pay to shall immediately notify Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media presence of any type prohibited items on or about around the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Use. 3.1 Subject to the use provisions of Section 10.1 (assignment), Tenant shall use the Premises only for the permitted use (as defined specified in Paragraph 1(h) hereof)1.10 of the Basic Lease Information and for no other purpose. If any governmental license or permit, other than a Certificate of Occupancy, 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 license or permit and submit the same to Landlord for inspection. Tenant will shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not occupy do or permit anything to be done in, on, or about the Project which will: (i) in any way obstruct or interfere with the rights of other tenants or occupants of the Building, injure or unreasonably annoy them; (ii) use or allow the Premises, Project to be used for any unlawful purpose; (iii) cause or maintain or permit any portion nuisance, nor commit or allow the commission of the Premises to be occupied or used for any business or purpose other than the permitted waste, nor use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation applicable to Tenant now in force or which may hereafter be enacted or promulgated; and (iv) not do or permit anything to be done on the Project or bring or keep anything therein which will in any way increase the rate of fire any insurance on upon the Building Project or contents; and any of its contents or cause a cancellation of said insurance or otherwise affect said insurance in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlymanner. Tenant will conduct shall, at its business sole cost and control its agentsexpense, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will promptly comply with all laws, statutes, ordinances, ordersand governmental rules, rules regulations, or requirements applicable to Tenant now in force or which may hereafter be in force ("Legal Requirements") and regulations (statewith the requirements of any board of fire underwriters or similar body now or hereafter constituted relating to or affecting the condition, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or the Building. Tenant shall not be required to make structural changes unless related to or affected by: (i) alterations or improvements made by or for Tenant; or (ii) Tenant's acts. The judgment of any part thereofcourt of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or not, that Tenant has so violated any such law, statute, ordinance, rule, regulation, or requirement, shall be conclusive of such violation as between Landlord and Tenant. Should Landlord agree in writing Tenant shall use reasonable efforts to prevent any violation of the foregoing items in the preceding sentenceapplicable Legal Requirements by its partners, Tenant will maintain such permitted items in good condition directors, officers, agents, employees, contractors and repair at all timesinvitees.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant shall and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord’s prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be permitted to park trucks and trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (as defined in Paragraph 1(h) hereofcollectively, “Legal Requirements”). Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s specific use or occupation of the Premises. Tenant will not occupy use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant’s use or occupation of the Premises, or permit any portion of because Tenant vacates the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of firePremises, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there then Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyto Landlord. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management Any occupation of the BuildingPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant will maintain Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference changes to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing the Building that relate solely to any the specific manner of use of the foregoing items Premises by Tenant, and Landlord shall make all other additions to or modifications of the Premises required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord’s sole responsibility pursuant to the preceding sentenceprovisions of this Lease. Landlord represents that the improvements constructed or installed by Landlord pursuant to the Construction Addendum attached to this Lease shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, Tenant will maintain such permitted items building codes, regulations and ordinances in good condition and repair at all timeseffect on the Commencement Date of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Skechers Usa Inc)

Use. Tenant Lessee shall use the Premises only Yard solely for the permitted use (as defined parking/storage of the vehicles and equipment described in Paragraph 1(h) hereof)and in accordance with the terms of Addendum 1 hereto attached to this lease agreement and for no other purpose without written permission from Lessor. Tenant will In connection with its use, Xxxxxx shall at his/her own expense promptly comply with all applicable laws, ordinances, rules and regulations of any public authority and shall not occupy or use the Premisesannoy, obstruct, or permit interfere with the rights of other Lessees of the Yard. Lessee shall create no nuisance nor allow any objectionable fumes, noise, or vibrations to be emitted from the Yard. Lessee shall not conduct any activities that will increase Lessor's insurance rates for any portion of the Premises Yard or that will in any manner degrade or damage the reputation of Lessor. Lessee shall keep and maintain the Space in a clean orderly condition at all times and upon the termination of the lease shall surrender the Space to Lessor in as good condition as when received, ordinary wear and tear by the elements alone excepted. Lessee shall be occupied or used responsible for any business repairs caused by negligence on the part of Lessee. Lessee shall not sub-lease the Space in the Yard and shall not use the leased space of any other Lessee nor allow anyone, whether a Lessee of the Yard or purpose not, to use Lessee's Space. Lessee shall hold title to and be the legal owner of the vehicle and/or any other items described on Addendum 1 of this lease. Lessee must obtain approval from Lessor to store a different vehicle or additional vehicles or equipment other than the permitted use or one described in Addendum 1 of this lease. The storage of cars, pick-up trucks, sport utility vehicles, trucks, utility trailers, and approved storage containers are solely allowed at the discretion of the Lessor. All items must be listed on Addendum 1. Lessee must provide license number and make and model of all vehicles. The storage of such vehicles may be revoked at any time by the Lessor, however if all other conditions of the Lease are met, leases for any use or purpose which such vehicles will be honored by the Lessor until the Lease is unlawful terminated by the Lessee. All vehicles must be kept in part or in whole or deemed good and useable condition. Lessee shall remain a resident of Xxxxxxxxxxx for the term of the lease. Use of the Space must be relinquished at the time the Lessee ceases to be disreputable in any manner or extrahazardous on account a resident of fire, nor permit anything Xxxxxxxxxxx. Lessor retains the right to be done which will in any way increase require Lessee to move to another space within the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount Yard provided Lessor gives Lessee written notice of such increase promptlyrequirement at least ten days prior to such movement. Tenant will conduct its business and control its agents, employees and invitees in such Xxxxxx is obligated to move to the space requested. Lessor is not obligated to provide a manner as not space equal to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of larger than the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesone previously occupied.

Appears in 1 contract

Samples: Recreational Vehicle Storage Yard Lease

Use. Tenant The Premises shall use the Premises be used only for the permitted use purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, computer integration, configuration and repairs, and for such other lawful purposes as defined in Paragraph 1(h) hereof)may be incidental thereto. Outside storage, including, without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant will not occupy or shall have the right to park its company truck in a dock position on an overnight basis. Tenant shall have the non-exclusive right to use, in common with other tenants of the Building, the parking provided and designated as such by Landlord. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant’s sole expense. No pets or other animals of any kind shall be permitted on the Premises or parking areas surrounding the Premises except for seeing-eye dogs used by handicapped employees, provided that Landlord is notified that such dogs will be utilized and Tenant cleans up any debris created by such dogs. Tenant shall not permit any portion objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from or outside of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of firePremises, nor permit anything to be done which will in take any way increase the rate of fire insurance on the Building other action that would constitute a nuisance or contents; and in the event thatwould disturb, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor unreasonably interfere with, annoy or disturb endanger Landlord or any other tenants or Landlord in management lessees of the BuildingBuilding in which the Premises are a part. Tenant will maintain shall pay the cost of any modifications to the Premises, the Building in which the Premises in are located and the common areas required as a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy result of Tenant’s particular use of the Premises. Tenant's obligation Tenant shall have the right to comply with all laws specifically includes any locate a rubbish compactor and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree a cardboard xxxxxx in writing to any one of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timestruck docks provided that same are covered. 13.

Appears in 1 contract

Samples: Lease Agreement (Zones Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 10 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its use of the Premises, Tenant may continue to operate in the Premises for such additional period granted by the applicable Governmental Authority. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in the rate of Insurance on the Building this Section or contents created otherwise caused by Tenant's acts or conduct ’s particular use of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall be responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such consent not Legal Requirement is generally applicable to be unreasonably withheldsimilar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, paintas compared to other tenants of the Project, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media specific use of any type on or about the Premises or Tenant’s Alterations) make any part thereof. Should Landlord agree in writing alterations or modifications to any the Common Areas or the exterior of the foregoing items Buildings that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentencesentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant will maintain shall DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Net Laboratory Buildings B3 and B4/Singular - Page 11 be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use of the Premises. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such permitted items information and/or documentation as Landlord may reasonably request, in good condition and repair at all timesconnection therewith.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Use. Tenant warrants and represents to Landlord that the Leased Premises shall be used and occupied solely for the purposes set forth in Article 1 and for no other purposes whatsoever. Tenant shall use occupy the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Leased Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees 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 to create a nuisance. Tenant shall not permit any nuisanceoperation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, nor use any apparatus or 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 tenants lessee in its normal business operations or Landlord in its management of the Building. Tenant will 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 extra 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 business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain the Premises in a clean, healthful such license or permit and safe condition and will shall at all times comply with all lawsthe terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be used or occupied in violation of (i) the Certificate of Occupancy for the Leased Premises or for the Building, (ii) any of the provisions of this Lease, or (iii) zoning ordinances, orders, and rules and regulations (state, federal, municipal of governmental and other agencies or bodies quasi governmental authorities having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without over the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesBuilding.

Appears in 1 contract

Samples: Lease (Regeneration Technologies Inc)

Use. Tenant shall use the Premises only for the permitted Permitted Use, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such which consent may be withheld in Landlord’s sole discretion. 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. Ingress and egress for the bulk moving of office furniture, furnishings, equipment and file cabinets shall be done in accordance with Building policy and with advance notification to Landlord. The use of the passenger elevators for delivery of office supplies is permitted in accordance with Building policy. Tenant shall not do, or permit anything to be unreasonably withhelddone, paint, install lighting, window coverings in or decorationabout the Premises which will in any way increase the existing rate of, or install affect any signsfire or other, window insurance coverage upon the Building or door lettering its contents, or advertising media cause cancellation of any type insurance policy covering said Building or any part thereof or its contents. Tenant shall not do, or permit anything to be done in or about the Premises, including Common Areas, which will in any way obstruct or interfere with the rights of other Tenants or occupants of the Building or injure them or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance or waste in, on or about the Premises Premises. Tenant shall not use the Premises, or permit them to be used, for any part thereofauction, fire, liquidation or bankruptcy sale. Should Landlord agree In the event of Tenant’s failure to comply with any provision in writing to this paragraph, Landlord, at its option, may require that Tenant pay for any of the foregoing items increase in the preceding sentencerate of any insurance, Tenant will maintain such permitted items in good condition and repair at all timesor for any other damages, resulting from said failure to comply.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 7 days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy use or use permit the PremisesPremises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. The Permitted Use as defined in this Lease will not result in the voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any portion part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon written demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall be any increase in this Section or otherwise caused by Txxxxx’s use and/or occupancy of the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, such Landlord (which consent shall not to be unreasonably withheld, paintconditioned or delayed), install lightinguse the Premises in any manner which will require ventilation, window coverings air exchange, heating, gas, steam, electricity or decorationwater beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Txxxxx’s Share as usually furnished for the Permitted Use. Landlord shall (a) subject to the terms of the Work Letter, be responsible for the compliance of the Premises with Legal Requirements as of the Commencement Date, and, (b) at no cost or install any signsexpense to Tenant, window be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or door lettering or advertising media at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of any type on or about Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any part thereof. Should Landlord agree in writing alterations or modifications to any the Common Areas or the exterior of the foregoing items Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentencesentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, Tenant will maintain shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use of the Premises or Tenant’s 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 11 Alterations, and Txxxxx shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Txxxxx’s particular use of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such permitted items information and/or documentation as Landlord may reasonably request, in good condition and repair at all timesconnection therewith.

Appears in 1 contract

Samples: Lease Agreement (Vaxcyte, Inc.)

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Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises only for the permitted use which is declared by any Governmental Authority (as defined in Paragraph 1(hSection 9) hereof)having jurisdiction to be a violation of a Legal Requirement. Tenant will not occupy or use the Premises, or permit the Premises to be used for any portion purpose or in any manner that would be reasonably anticipated to void Tenant’s or Landlord’s insurance. Tenant shall not permit any part of the Premises to be occupied used as a “place of public accommodation”, as defined in the ADA or used any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any business or purpose other than the permitted use or additional premium charged for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire such insurance on the Building or contents; and in the event that, policy by reason of acts Tenant’s failure to comply with the provisions of Tenant, there shall this Section or otherwise demonstrated by Landlord to be any increase in the rate of Insurance on the Building or contents created caused by Tenant's acts or conduct ’s use and/or occupancy of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain use the Premises in a cleancareful, healthful safe and safe condition proper manner and will comply not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with all lawsthe rights of Landlord or other tenants or occupants of the Project, ordinancesincluding conducting or giving notice of any auction, ordersliquidation, rules and regulations (stateor going out of business sale on the Premises, federal, municipal and other agencies or bodies having using or allowing the Premises to be used for any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesunlawful purpose. Tenant will shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided in the Work Letter, Tenant shall not, without the prior written consent of Landlord, such use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use, which consent shall not to be unreasonably withheld, paintconditioned or delayed so long as Tenant provides for and pays for the necessary increases in the applicable capacity of the Project. Landlord shall be responsible, install lightingat Landlord’s cost and expense and not as part of Operating Expenses, window coverings for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or decorationTenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or install any signs, window modifications to the interior or door lettering or advertising media the exterior of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any the Project that are required by Legal Requirements (including, without limitation, compliance of the foregoing items Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises, the Tenant Improvements or Tenant Alterations. Notwithstanding any other provision herein to the contrary, and except as provided in the preceding sentencefirst two sentences of this paragraph, Tenant will maintain such permitted items 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 good condition investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and repair at disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all timesClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises, the Tenant Improvements or Tenant’s Alterations.

Appears in 1 contract

Samples: Lease Agreement (Alpha Healthcare Acquisition Corp.)

Use. Tenant The Premises shall use the Premises be used only for the permitted use general office purposes, --- computer and telecommunications equipment room (as defined in Paragraph 1(hincluding, without limitation, collocation services to Tenant's customers) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used and for any business or purpose no other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord. Except as otherwise permitted in this Lease, such outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, which consent shall not to be unreasonably withheld, paintconditioned or delayed. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Landlord represents to the best of its knowledge and belief that applicable governmental laws, install lightingordinances and regulations permit the use of the Premises for general offices and computer and telecommunications equipment room, window coverings and that the Premises is in compliance with all such applicable laws, ordinances and regulations. During the Demised Term, Landlord shall comply with all such applicable governmental laws, ordinances and regulations regarding the Premises, the Building and the Land except to the extent Tenant must comply under this Paragraph. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its specific use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant or decorationits agents, employees, customers or invitees in or upon, or install connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any signsobjectionable or unpleasant odors, window smoke, dust, gas, noise or door lettering vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance. Without Landlord's prior written consent, Tenant shall not receive, store or advertising media of otherwise handle any type on product, material or about merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to be used for any purpose or in any part thereofmanner (including, without limitation, any method of storage) which would render the insurance thereon void or the insurance risk more hazardous (unless Tenant agrees to pay any increased premiums) or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Should Landlord agree Tenant shall not use the Premises for the generation, storage, transportation or disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances; provided, however, that Tenant may use materials or substances in writing to any of the foregoing items small quantities as are typically used in the preceding sentencean office building and in a telecommunications and computer equipment room, Tenant will maintain such permitted items in good condition and repair at all timesmaterials required for cleaning and maintaining computer and telecommunications equipment and batteries and fuel for Tenant's equipment and fixtures.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Use. Tenant shall use and occupy the Premises only for the permitted use (as defined Permitted Uses set forth in Paragraph 1(hSection 1.01(e) hereof), and for no other purposes. Tenant will shall not occupy or use the Premises, or permit the Premises or any portion of the Premises thereof to be occupied or used for any business or purpose other than the permitted use Permitted Uses or for any use or unlawful purpose which is unlawful in part or in whole any unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or deemed subleases with third party vendors of Tenant’s choice for the purpose of operating any of the facilities referred to be disreputable in any manner the Permitted Uses in Section 1.01(e). Tenant shall not do or extrahazardous on account of fire, nor permit anything to be done in the Premises, nor bring or keep anything therein which will in any way increase cause cancellation of any insurance policy covering the rate Project or any part thereof or any of fire insurance on the Building or its contents; and in . In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of Insurance insurance on the Building or contents created by Tenant's acts or conduct of business than its contents, Tenant hereby agrees to pay to Landlord the amount of such increase promptlyincrease. Tenant shall not do anything in or about the Premises and/or Project which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or unreasonably interfere with, annoy or disturb with the rights of other tenants or Landlord in management occupants of the BuildingProject. Tenant will maintain the Premises in a cleanshall not permit any nuisance in, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Premises. Tenant shall not commit or suffer to be committed any part thereof. Should Landlord agree waste in writing to any of or upon the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. Tenant The Premises shall use the Premises be used only for the permitted use purpose of general office, bonded warehousing (if allowed by the appropriate governmental authorities) light manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, as defined by current Dade County zoning ordinances, and for such other lawful purposes as may be incidental thereto. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord agrees that Tenant may park or store trucks at its own truck loading areas. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, whether of federal, state or local origin, and shall promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in Paragraph 1(h) hereof)or upon or connected with the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or nearby buildings in which their premises are situated, or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive, highly flammable or environmentally dangerous, hazardous or sensitive. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including, without limitation, any method of storage) which would render the insurance therein void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on the Building fire and extended coverage insurance premiums paid by Landlord or contents created other tenant(s) is caused by Tenant's acts use or conduct Tenant's vacation of business than the Premises, then Tenant hereby agrees to shall pay to Landlord as additional rental, the amount of such increase promptlyto Landlord. Tenant will conduct its business agrees that the point pressure resulting from Tenant racking system, inventory, forklifts and control its agents, employees and invitees in such a manner as not equipment pertaining to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management Tenant's use of the BuildingPremises shall not exceed allowable design floor loading for floor slabs on grade. Tenant will maintain the Premises in a cleanshall hold harmless Landlord from any loss, healthful liability and safe condition expenses, both real and will comply with all lawsalleged, ordinances, orders, rules and regulations (state, federal, municipal and other agencies arising out of such damage or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. repair caused by Tenant's obligation negligence or failure to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesthis Paragraph.

Appears in 1 contract

Samples: Lease Agreement (Bell Microproducts Inc)

Use. Tenant shall procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall use the Premises only solely for the permitted Permitted Use specified in the Summary, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in part force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in whole the Term). Tenant shall not use or deemed allow the Premises to be disreputable in used for any manner improper, immoral, unlawful or extrahazardous on account of fire, nor reasonably objectionable purpose. Tenant shall not do or permit anything to be done which anything that will in any way increase obstruct or interfere with the rate rights of fire insurance on other tenants or occupants of the Building or contents; and in the event thatProperty, by reason of acts of Tenantif any, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts injure or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyannoy them. Tenant will conduct its business and control its agentsshall not cause, employees and invitees in such a manner as not to create maintain or permit any nuisancenuisance in, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises, the Building or the Property, nor commit or suffer to be committed any waste in, on or about the Premises. Without limiting the foregoing, Tenant agrees that the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any part thereof. Should Landlord agree in writing cannabis containing substances (“Cannabis”), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the foregoing items Premises, any Cannabis. The prohibitions in this paragraph shall apply to all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both. Any failure by Tenant to comply with each of the preceding sentenceterms, covenants, conditions and provisions related to Cannabis shall automatically and without the requirement of any notice be a Default that is not subject to cure, and Tenant agrees that upon the occurrence of any such Default, Landlord may elect, in its sole discretion, to exercise all of its rights and remedies under this Lease, at law or in equity with respect to such Default. Furthermore, Tenant will maintain such permitted items is prohibited from engaging or permitting others to engage in good condition and repair at all timesany activity which would be a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable law relating to the medicinal use and/or distribution of Cannabis.

Appears in 1 contract

Samples: Boxabl Inc.

Use. 7.1 Tenant shall use the Premises only for the permitted general office purposes and for use (as defined in Paragraph 1(h) hereof). Tenant will a production/post-production and television broadcast facility, and all purposes incident thereto and shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Tenant shall not use or occupy the Premises in violation of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) days’ written notice from Landlord, Tenant shall discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any such consent recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of said Certificate of Occupancy. Except as otherwise provided in Paragraph 57 hereof, Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building to the extent such facilities exist on the date of this Lease, provided that in all events Tenant shall operate its telecommunication equipment and facilities in and on the Building in compliance with all Applicable Laws. Landlord agrees to use its commercially reasonable efforts to cause other tenants of the Building not to interfere with Tenant’s telecommunication equipment and facilities located on or in the Building. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be unreasonably withhelddone anything which will invalidate or increase the cost of any fire, paintextended coverage or any other insurance policy covering the Site, install lightingthe Building, window coverings the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or decorationany other organization performing a similar function. Upon demand, Tenant shall promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 7. Tenant shall not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or install injure them, or use or allow the Premises to be used for any signsunlawful purpose. Tenant shall not cause, window maintain or door lettering or advertising media of permit any type nuisance in, on or about the Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Site, the Building and/or the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises or any 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, 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. Should Landlord agree in writing Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any of the foregoing items other space in the preceding sentenceBuilding shall be so installed, maintained and used by Tenant will maintain as to eliminate such permitted items vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in good condition and repair at all timesa manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events.

Appears in 1 contract

Samples: Office Lease (Current Media, Inc.)

Use. Tenant shall use the Premises only for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the permitted use (as defined in Paragraph 1(h) hereof)Premises can be used for those purposes. Tenant will not occupy or use waives any right to terminate this lease in the Premises, or permit any portion of event the Premises to cannot be occupied or used for such purposes during the Lease term. The premises may not be used for any business other purpose without Landlord's written consent. Tenant shall not do or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises or bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance on upon the Building or any of its contents; and in the event that, by reason or cause cancellation of acts of Tenant, there shall be any increase in the rate of Insurance on insurance policy covering the Building or contents created by Tenant's acts any part thereof or conduct any way obstruct or interfere with the rights of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management occupants of the BuildingBuilding or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant will maintain shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises in a cleanany signs, healthful and safe condition and will comply with all lawssymbols, ordinances, orders, rules and regulations (state, federal, municipal and drapes or other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, materials without the prior written consent of Landlord. Tenant shall not, such consent not to be unreasonably withheldwithout Landlord's prior written consent, paint, install lighting, window coverings or decorationkeep any substances designated as, or install containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any signsfederal, window state, or door lettering local law, regulation, or advertising media of any type ordinance on or about around the Premises Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant shall be fully and completely liable to Landlord for any part thereof. Should Landlord agree in writing and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to any of the foregoing items in the preceding sentenceuse, Tenant will maintain such permitted items in good condition and repair at all times.storage,

Appears in 1 contract

Samples: Nutraceutix Inc

Use. Tenant shall use the Premises only for general office purposes consistent with the permitted character of the Building as a first-class office building and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit the Premises to be used for any other purpose without Landlord’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Nothing contained herein shall be deemed to give Tenant any right to use any portion of the Building or the Project for parking for Tenant or Tenant’s employees, visitors or invitees. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be occupied a violation of law or used of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any business additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises which will in any way increase obstruct or interfere with the rate rights of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management occupants of the Building. Tenant will maintain Project, or injure or annoy them, or use or allow the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheldused for any improper, paintimmoral, install lighting, window coverings unlawful or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.objectionable

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

Use. Tenant shall use the Premises only for general offices, solely for the permitted use (as defined in Paragraph 1(h) hereof)purpose of carrying out its own business therein of operating a County Business Office for Customer Service and Operating of County Business and Administration . Further, Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees employees, invitees and invitees visitors in such a manner as not to create any nuisance, nor or interfere with, annoy or disturb any other tenants tenant in the Building. Tenant shall not obstruct or Landlord use the sidewalks, entries, passages, vestibules, halls, elevators, or stairways of the Building for any other purpose than ingress and egress to and from the Premises, or throw or sweep or put anything out of the windows or doors, or in management the passage or corridors of the Building. Hazardous Materials. Tenant will maintain not cause or permit any Hazardous Materials (defined below) to be brought upon, kept or used in or about the Premises or the Building; provided, that, if certain Hazardous Materials are necessary for Tenant's medical practice, Tenant may utilize, store and/or dispose of same upon written notice to Landlord if (i) such Hazardous Materials are used, kept and stored in a clean, healthful and safe condition and will comply manner which complies with all applicable federal, state and local laws, ordinances, orders, rules and regulations regulating such Hazardous Materials; and (state, federal, municipal ii) such presence and other agencies use of Hazardous Materials will be in quantities and applications normally found in general office use or bodies having any jurisdiction thereof) with reference to use, condition or occupancy the practice of Premises. Tenant's obligation medical specialty; Tenant hereby agrees to comply with all laws specifically includes indemnify, defend and hold Landlord free and harmless from and against any and all laws applicable to Tenant claims, judgments, damages, penalties, fines, costs, liabilities and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will notlosses (including, without limitation, diminution in value of the prior written consent Premises and the Building, damages for the loss or restriction of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings use of space or decoration, or install any signs, window or door lettering or advertising media of any type amenity of the Premises and the Building, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) that may arise during or after the term of this Lease as a result of Tenant's breach of the covenants and obligations set forth in this section or the presence of Hazardous Materials on, in or about the Premises or the Building caused or permitted by the acts or omissions of Tenant, its employees, agents, contractors, licensees, invitees, assignees or subtenants. This indemnification by Tenant or Landlord includes, without limitation, any and all costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision thereof because of the presence or suspected presence of such Hazardous Material in, on or about the Premises, the Building or the soil or groundwater on or under the Building. If any state, federal or local governmental agency or political subdivision thereof imposes a lien on the Premises or the Building because of the presence or suspected presence of such Hazardous Material in, on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentenceBuilding, Tenant will maintain cause such permitted items lien to be removed at Tenant's sole cost and expense. The provisions of this section will survive the expiration or termination of this Lease. As used herein, the term "Hazardous Materials" will mean and include any and all hazardous substances, any hazardous wastes or any pollutants or contaminants defined as such in good condition or regulated et seq., (ii) the Comprehensive Environmental Response Compensation and repair at all timesLiability Act of 1980, 42 U.S.C. et seq., (iii) the Federal Water Pollution C et seq., as amended; et seq., (v) the Toxic Substances Control Act, 15 U.S.C. et seq., or (vi) any amendments or statutory successors to the foregoing statutes and any now or hereafter existing federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as presently or hereafter in effect during the term of this Lease.

Appears in 1 contract

Samples: Complex Office Lease Agreement

Use. Tenant shall use the Leased Premises only for the permitted use (as defined in Paragraph 1(h) hereof)video production services and for no other purpose whatsoever. Tenant will shall use and occupy the Leased Premises in a careful, safe and proper manner and shall keep the Leased Premises in a clean and safe condition and in accordance with applicable legal requirements. Tenant shall not use, occupy or use permit the Premises, or permit any portion of the Leased Premises to be occupied used or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fireoccupied, nor do or permit anything to be done which will in the Leased Premises in a manner that would in any way increase the rate violate any applicable laws, rules or regulations or certificate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of occupancy affecting the Building. Tenant will maintain the Premises in a clean, healthful shall promptly observe and safe condition and will comply with all applicable laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesthe Leased Premises or Tenant’s use thereof. Tenant will not, without the prior written consent of Landlord, such consent not In particular no use shall be made or permitted to be unreasonably withheldmade of the Leased Premises, paint, install lighting, window coverings or decorationnor acts done that will increase the existing rate of insurance upon the Building, or install any signs, window or door lettering or advertising media cause a cancellation of any type on or about insurance policy covering the Premises Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the Leased Premises, any article that may be prohibited by the standard form of fire insurance policies. Should Tenant shall not commit, or suffer to be committed any public or private nuisance, or other act or thing that disturbs the quiet enjoyment of Landlord agree or any other tenant at the Property. Tenant shall also specifically not permit the storage of flammable products (other than for cleaning products), batteries (other than for replacement in writing operating equipment), fertilizer, charcoal or any other similar items that cause objectionable odors to any of escape or be emitted from the foregoing items in the preceding sentenceLeased Premises. Tenant shall ensure sanitation and freedom from odor, Tenant will maintain such permitted items in good condition smell and repair at all timesinfestation from rodents or insects.

Appears in 1 contract

Samples: Lease Agreement

Use. Tenant shall Lessee may occupy and use the Premises only for commercial, industrial, office, laboratory, distribution, warehousing, manufacturing, "flex space" and purposes related thereto as long as the same are permitted by applicable land use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion laws of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose community in which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful is located and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and for no other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, purpose without the prior written consent of LandlordLessor, such consent which shall not be unreasonably withheld or delayed. Lessee shall not use or occupy or permit any of the Premises to be unreasonably withheldused or occupied, paintnor do or permit anything to be done in or on any of the Premises, install lightingin a manner which would or might (i).violate any law or Legal Requirement, window coverings (ii) make void or decorationvoidable or cause any insurer to cancel any insurance required by this Lease, or install make it difficult or impossible to obtain any signssuch insurance at commercially reasonable rates, window (iii) make void or door lettering voidable, cancel or advertising media of cause to be cancelled or release any type on warranty, guaranty or about the Premises or any part thereof. Should Landlord agree in writing indemnity, (iv) cause structural injury to any of the Improvements or (v) constitute a public or private nuisance or waste. Lessee shall have the right to apply for changes in any land use or other governmental designation or approval affecting the Premises which affects or governs use or operation of the Premises; provided, Lessee shall notify Lessor prior to making any such application, which notice shall not require a response from Lessor, and, subsequently, of any approvals granted which change the zoning of, the lot configuration of, or any other matter which permanently affects the land use designation for the Premises prior to taking any other action which would cause such change to be permanently effective. Additionally, prior to taking action to make such a change permanently effective, Lessee shall have obtained the written approval of Lessor. Lessee must obtain the consent of Lessor with respect to any approval which is effective upon the action of a municipal agency or commission without further action by applicant. The foregoing items shall not permit Lessee to change the use of the Premises from that allowed in Section 1.2(a) without the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesprior written consent of Lessor.

Appears in 1 contract

Samples: Lease Agreement (Gerber Scientific Inc)

Use. Tenant The demised premises shall use the Premises be used only for the permitted use purpose of receiving, storing, manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as defined may be necessary in Paragraph 1(h) hereof)conducting the business of Tenant. Except as currently being conducted, outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, not to be unreasonably withheld. Tenant will not occupy or use the Premises, or permit shall at its own cost and expense obtain any portion of the Premises to be occupied or used and all licenses and permits necessary for any business or purpose other than such use. To the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, extent known by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all deed restrictions as may affect the premises and all governmental laws, ordinances, orders, rules ordinances and regulations (stateapplicable to the use of the premises, federaland, municipal and other agencies or bodies having any jurisdiction thereof) with reference subject to use, condition or occupancy of Premises. Tenant's obligation right to reasonably contest same, shall promptly comply with all laws specifically includes any governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the premises, all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesat Tenant's sole expense. Tenant will notshall not permit any unlawful odors, without smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a legal nuisance. Without Landlord's prior written consent of Landlordconsent, such consent not to be unreasonably withheld, paintTenant shall not receive, install lightingstore or otherwise handle any product, window coverings material or decorationmerchandise which is explosive or highly inflammable, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereofexcept as currently being conducted. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items not permit the premises to be used for any purpose or in good condition and repair at all timesany manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Texas State Board of Insurance or other insurance authority to disallow any credits.

Appears in 1 contract

Samples: Lease Agreement (Carlyle Golf Inc)

Use. Tenant shall use the Premises only for the permitted purposes stated in Item 3 of the Basic Lease Provisions and for no other use (as defined in Paragraph 1(h) hereof)whatsoever. Tenant will shall not occupy do or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises which will in any way increase interfere with the rate rights or quiet enjoyment of fire insurance on other occupants of the Building or contents; and the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance in the event thatPremises or the Project. Tenant shall comply at its expense with all present and future laws, by reason ordinances and requirements of acts all governmental authorities that pertain to Tenant or its use of Tenantthe Premises, and with all energy usage reporting requirements of Landlord. As of the date of this Lease, there has been no inspection of the Building and Project by a Certified Access Specialist as referenced in Section 1938 of the California Civil Code. Notwithstanding the foregoing, in no event shall Tenant be responsible for (i) making any increase in the rate of Insurance on improvements to the Building or contents created the Premises which are required as a result of any applicable laws or codes, except to the extent the same is triggered by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management ’s specific use of the Building. Premises (other than ordinary office use) or by any Alterations made by Tenant will maintain to the Premises (excluding the Tenant Improvements), (ii) paying the cost of bringing the Building or any systems therein into compliance with any applicable laws or codes in a cleaneffect as of the Commencement Date of this Lease, healthful and safe condition and will comply with all laws(iii) remediating any Hazardous Materials (as defined in Section 5.3) in, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about under the Premises or any part thereof. Should Landlord agree the Building not placed in writing to any of the foregoing items in the preceding sentenceor released thereon by Tenant or its employees, Tenant will maintain such permitted items in good condition and repair at all timesagents, contractors, subtenants or invitees.

Appears in 1 contract

Samples: Lease (TigerLogic CORP)

Use. Tenant shall use the Premises only for as described in the permitted Basic Lease Provisions and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of allow the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such which consent shall not to be unreasonably withheld. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, paintand shall, install lightingupon written notice from Landlord, window coverings discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or decorationof said certificate of occupancy. Tenant, or install any signsat its sole cost and expense, window or door lettering or advertising media except as may be provided elsewhere in this lease, , agrees to comply with all laws, rules, regulations and directions of any type governmental authority having jurisdiction 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Xxxxxx's failure to comply with the provisions of this Article. Tenant shall not allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises Premises. Tenant shall not commit or suffer to be committed any part thereof. Should Landlord agree waste in writing to any of or upon the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Lease (Community Bancorp Inc)

Use. Tenant shall procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall use the Premises only solely for the permitted Permitted Use specified in the Summary, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations in part an equitable and non-discriminatory manner, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in whole force relating to or deemed affecting the condition, use, occupancy, alteration or improvement of the Premises (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall not use or allow the Premises to be disreputable in used for any manner improper, immoral, unlawful or extrahazardous on account of fire, nor reasonably objectionable purpose. Tenant shall not do or permit anything to be done which anything that will in any way increase obstruct or interfere with the rate rights of fire insurance on other tenants or occupants of the Building or contents; and in the event thatProperty, by reason of acts of Tenantif any, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts injure or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyannoy them. Tenant will conduct its business and control its agentsshall not cause, employees and invitees in such a manner as not to create maintain or permit any nuisancenuisance in, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Premises, the Building or the Property, nor commit or suffer to be committed any part thereofwaste in, on or about the Premises. Should Landlord agree in writing to any of Without limiting the foregoing items in the preceding sentenceforegoing, Tenant will maintain such permitted items is prohibited from engaging or permitting others to engage in good condition and repair at all timesany activity which would be a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable law or other applicable law relating to the medicinal use and/or distribution of marijuana (otherwise known as the Compassionate Use Act of 1996) (“Prohibited Drug Law Activities”).

Appears in 1 contract

Samples: Lease (Corium International, Inc.)

Use. Tenant The Premises shall use the Premises be used only for the permitted purpose of medical office,including without limitation MRI imaging, as well as, receiving, storing, and shipping(other than retail)products, materials and merchandise made and/or distributed by Tenant and for such other Iawful purposes as may be incidental thereto,and subject to any rules and regulations of Landlord,Gwinnett County,the state of Georgia or the Federal Government. Outside storage,including without limitation,trailers,trucks and other vehicles,is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for their Use. Tenant shall comply with all governmental laws,ordinances and regulations applicable to the Use of the Premises, and shall promptly comply with all governmental orders and directives for the correction,prevention and abatement of nuisances in or upon, or connected with the Premises,all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors,smoke,dust,gas,noise vibrations,or potentially dangerous materials to emanate from the Premises, nor take any other action which would constitute a nuisance or would otherwise disturb or endanger or unreasonably interfere with any tenants, maintenance personnel or guests within or about their Premises or their use (as defined in Paragraph 1(h) hereof)thereof. Without Landlord's prior written consent,Tenant shall not receive,store or otherwise handle any product,material or merchandise which is explosive,highly flammable,illegal,or otherwise regulated without proper documentation and approvals. Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole any manner(including without limitation any method of storage)which would render the insurance thereon void or deemed the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to be disreputable in disallow any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building or contents created in which Tenant occupies space is caused by Tenant's acts use and occupancy of the Premises,or conduct of business than if Tenant hereby agrees to vacates the Premises and causes an increase in such premiums,then Tenant shall pay to Landlord as Additional Rental the amount of such increase promptlyto Landlord. Notwithstanding,Tenant's Use shall be fully compliant under the Gwinnett County M-2 Zoning laws. (a) Tenant agrees that the point pressure resulting from Tenant's racking system,inventory,forklifls and equipment pertaining to Tenant's use of the Premises(to the extent applicable)shall not exceed allowable design floor loading for floor slabs on grade. Tenant will conduct its business shall hold harmless Landlord from any loss,liability,and control its agentsexpenses,both real and alleged, employees and invitees in arising out of such a manner as not to create any nuisance, nor interfere with, annoy damage or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. repair caused by Tenant's obligation negligence or failure to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesthis Section 7. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times8.

Appears in 1 contract

Samples: Lease Agreement

Use. Tenant The premises shall use the Premises be used only for the permitted purpose of receiving, storing, assembling, preparing for sale, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of tractor trailers perpendicular to and abutting Tenant's loading docks is permitted. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use (as defined of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other actior. which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord for the Building or contents created building in which Tenant occupies space is caused by Tenant's acts use and occupancy of the premises, or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Use. (a) The Premises shall be used only for receiving, storing, shipping and selling clothing products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premisesuse, or permit the use of, the Premises to receive, store or handle any portion product, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises. Tenant and all Tenant Parties shall comply with all reasonable non-arbitrary rules and regulations governing the use and occupancy of the Premises which are now or hereafter imposed by Landlord. A copy of the rules and regulations now in force are attached as EXHIBIT "D". Tenant shall not cause or permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take or permit any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor cause or permit the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of firethat would (1) void the insurance thereon, nor permit anything to be done which will in any way (2) materially increase the rate insurance risk, or (3) cause the disallowance of fire insurance any sprinkler credits. Tenant shall pay to Landlord on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be demand any increase in the rate cost of Insurance any insurance on the Premises or the Building or contents created incurred by Landlord which is caused by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management use of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Bebe Stores Inc)

Use. Tenant The demised premises shall use the Premises be used only for the permitted purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use (as defined of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable, Tenant will not occupy or use permit the Premises, or permit any portion of the Premises premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be sprinkler credits. If any increase in the rate of Insurance on fire and extended coverage insurance premiums paid by Landlord or other Tenants for the Building or contents created building in which Tenant occupies space is caused by Tenant's acts use and occupancy of the premises, or conduct of business than if Tenant hereby agrees to vacates the premises and causes an increase in such premiums, then Tenant shall pay to Landlord as additional rental the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Aetrium Inc)

Use. Tenant shall not use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful that stated in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fireParagraph 1.1, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, subparagraph G without the prior written consent of Landlord. Tenant expressly acknowledges that Landlord or its agents have not made any representations as to the suitability of the Premises for the use stated above and Tenant has been advised by Landlord or its agents to make its own independent determination as to the suitability of the Premises to the stated use, and any related zoning or other laws, ordinances, regulations and directives or any applicable covenants, conditions and restrictions affecting the Premises which may limit or restrict the stated use. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such consent time in a satisfactory condition. Tenant shall not commit, or permit to be unreasonably withheldcommitted, paint, install lighting, window coverings or decorationany waste upon the Premises, or install any signsnuisance or other act in violation of public policy. Further, window Tenant shall not commit, or door lettering suffer to be committed, anything which would subject the Landlord to responsibility or advertising media liability for injury or damage to any person or property or which would invalidate or increase the cost of any type on insurance coverage described in this Lease. Tenant shall comply with all rules, regulations, orders and requirements of Landlord's then current insurance carrier(s) with respect to the use of the Premises and necessary for maintaining reasonable insurance coverage of the types specified in this Lease. Tenant shall not do or permit anything to be done in, or about the Premises or the Complex which will in any part thereof. Should Landlord agree in writing to any way obstruct or interfere with the rights of other tenants or occupants of the foregoing items in Complex, or injure or annoy them, or use or allow the preceding sentencePremises to be used for any improper, Tenant will maintain such permitted items in good condition and repair at all timesimmoral, unlawful or objectionable purpose.

Appears in 1 contract

Samples: Lease (Navidec Inc)

Use. Tenant The premises shall use the Premises only be used for the permitted use general office and related ancillary purposes (as defined in Paragraph 1(hincluding, but not limited to, training and entertaining customers) hereof)and for no other purposes. Tenant will not occupy or use the Premises, or permit any portion The occupancy rate of the Premises to shall in no event be occupied or more than one (1) person per two hundred twenty-two (222) rentable square feet. The Premises shall not be used for any business or purpose other than the permitted use or for illegal purposes, nor in violation of any use or purpose which is unlawful in part or in whole or deemed to be disreputable regulation of any governmental body, nor in any manner to create any nuisance or extrahazardous on account of firetrespass, nor permit anything to be done which will in any way manner to vitiate the insurance or increase the rate of fire insurance on the Building Premises or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain shall, at its own expense, promptly comply with any and all municipal, county, state and federal statutes, regulations and/or requirements applicable or relating to the use, occupancy or condition of the Premises. In the event that Tenant takes any action in the future, or conducts its business in such a way that causes an increase in the insurance rate on the Building, Landlord shall give Tenant notice of such proposed increase, and Tenant shall have a period of ten (10) business days within which to discontinue such actions or use before Tenant shall be responsible for the payment of such increase in cost. Landlord represents and warrants to Tenant that (a) the use of the Premises in for the purpose of a cleanbusiness office use is not prohibited by the Certificate of Occupancy (or its equivalent), healthful for or by any zoning or other statutes, laws, orders, rules, regulations or ordinances (collectively, "Laws") applicable to the Building or the Premises or by any master or ground lease or covenants, conditions or restrictions, or easements applicable to the Building or the Premises and safe condition and (b) as of the Commencement Date the Premises will comply with all lawsLaws, ordinancesprovided, ordershowever, rules Landlord's representation and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without warranty does not include the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesWork.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Witness Systems Inc)

Use. Tenant A. The Premises shall use be used, to the Premises extent permitted by applicable law, and only for the permitted use purpose of receiving, storing, manufacturing, shipping, and selling (other than retail) products, materials, and merchandise made and/or distributed by Tenant and for such other lawful purposes as defined in Paragraph 1(h) hereof)may be incidental thereto. Tenant will not occupy or use the Premises, or permit shall at its own cost and expense obtain and at all times maintain any portion of the Premises to be occupied or used and all licenses and permits necessary for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyuse. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will shall comply with all governmental laws, ordinances, orders, rules and regulations (state, federal, municipal applicable to the use of tile Premises and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to shall promptly comply with all laws specifically includes governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon, or connected with the Premises, all at Tenant's sole expense. Without Landlord's prior written consent, Tenant shall not receive, store, or otherwise handle any and all laws applicable product, material, or merchandise which is explosive or highly inflammable or any material which may be corrosive or otherwise damaging to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiesthe Premises or any appurtenances thereto or any hazardous substance (as hereinafter defined). Tenant will not, without the Landlord's prior written consent of Landlordapproval, such consent not permit the Premises to be unreasonably withheldused for any purpose which would render the insurance thereon void or the insurance risk more hazardous or the premiums therefor more expensive. In the event any such use of the Premises, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof, whether approved by Landlord or not, shall ever cause the insurance rates for policies carried by Landlord to increase, Tenant shall pay, as additional rent, the full amount by which such insurance rates increase as a result of Tenant's use, without regard to whether such policy covers areas other than the Premises so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Should Landlord agree in writing to any of the foregoing items in the preceding sentenceFurther, Tenant will maintain such permitted items not introduce into the Premises or use therein any equipment or fixtures which might be reasonably expected, to cause damage to the Premises or unreasonable interference with the occupants of adjacent premises. Additionally, Tenant shall not store any products, materials, or merchandise outside the exterior walls or interior demising walls of the Premises without Landlord's prior written consent. Tenant shall indemnify, defend and hold Landlord and Landlord's officers, stockholders, employees, agents, invitees, and guests harmless from all damages, costs, losses, expenses (including, but not limited to, reasonable attorneys' fees, engineering fees, and clean-up costs) arising from or attributable to any breach by Tenant of its obligations in good condition and repair at all timesthis Paragraph 4. Tenant's obligations hereunder shall survive the termination of this lease.

Appears in 1 contract

Samples: Lease Agreement (Omniquip International Inc)

Use. Tenant The premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental hereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for its use (as defined of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant orders, smoke, dust, gas, noise or vibrations to emanate from the Premises, or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective premises. In addition to any other remedies, Landlord shall have the right to have Tenant evicted from the Premises for a breach by Tenant of the terms of this Section 3. Without Landlord prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fireInsurance or other Insurance premiums, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessolely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Tango Inc)

Use. Tenant shall procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall use the Premises only solely for the permitted Permitted Use specified in the Summary, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part whatsoever without Landlord’s prior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or in whole non-performance by any other tenant or deemed occupant of any such Rules and Regulations. Tenant shall not use or allow the Premises to be disreputable in used for any manner improper, immoral, unlawful or extrahazardous on account of fire, nor reasonably objectionable purpose. Tenant shall not do or permit anything to be done which anything that will in any way increase obstruct or interfere with the rate rights of fire insurance on other tenants or occupants of the Building or contents; and in the event thatProperty, by reason of acts of Tenantif any, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts injure or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyannoy them. Tenant will conduct its business and control its agentsshall not cause, employees and invitees in such a manner as not to create maintain or permit any nuisancenuisance in, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises, the Building or the Property, nor commit or suffer to be committed any waste in, on or about the Premises. Without limiting the foregoing, Xxxxxx agrees that the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any part thereof. Should Landlord agree in writing cannabis containing substances (“Cannabis”), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the foregoing items Premises, any Cannabis. Without limiting the foregoing, the prohibitions in this paragraph shall apply to all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both. Notwithstanding anything to the preceding sentencecontrary, any failure b y Tenant will maintain to comply with each of the terms, covenants, conditions and provisions of this paragraph relating to Cannabis shall automatically and without the requirement of any notice be a Default that is not subject to cure, and Xxxxxx agrees that upon the occurrence of any such permitted items Default, Landlord may elect, in good condition its sole discretion, to exercise all of its rights and repair remedies under this Lease, at all timeslaw or in equity with respect to such Default. Furthermore Tenant is prohibited from engaging or permitting others to engage in any activity which would be a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable law or other applicable law relating to the medicinal use and/or distribution of marijuana/Cannabis (“Prohibited Drug Law Activities”).

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Use. Tenant shall use the Premises premises only for the permitted use (as defined in Paragraph 1(hparagraph 1(g) hereof). Tenant will not occupy or use the Premisespremises, or permit any portion of the Premises premises to be occupied or used used, for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be by any increase in the rate of Insurance insurance on the Building or contents created by Tenant's acts or conduct of business than then such acts of Tenants shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase promptlyon demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitiespremises. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint[illegible], install lighting, window coverings lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items item in good condition and repair at all times.

Appears in 1 contract

Samples: Lease Agreement (Dc/DWC Acquisition Corp)

Use. The Leased Premises shall be used by Tenant for office and warehouse purposes, only. Tenant shall, at its sole cost and expense, promptly comply with all governmental laws, ordinances and regulations (Federal, state and municipal) applicable to the Leased Premises and Tenant's use of the Leased Premises in its business operations. Landlord agrees to cooperate in Tenant's efforts to obtain necessary permits and licenses to commence its business operation, provided, however, that this shall be at the sole, cost and expense of Tenant. Tenant shall use not permit any excessive odors, smoke, dust, gas, noise or vibration to emanate from the Premises only for the permitted use (as defined in Paragraph 1(h) hereof)Leased Premises, nor take any other action which would constitute a nuisance. Tenant shall not receive, store or otherwise handle, any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use permit the Premises, or permit any portion of the Leased Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including, without Tenant shall not permit the storage or extrahazardous on account discharge into the earth or its atmosphere of fireeffluents, nor permit anything to waste or other materials, solid, liquid or gaseous. No waste or other materials shall be done which will disposed of by Tenant in any way increase the rate of fire insurance on the Building or contents; and manner which would or will in the event thatfuture cause the Tenant and/or Landlord to be liable for fines and penalties under the laws or rules currently in effect (Federal, by reason state and/or municipal) or to incur expenses of acts any sort to correct any such condition. Tenant shall indemnify and hold Landlord harmless from and against any claims, fines, penalties or causes of action arising out of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation failure to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent provisions of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesthis Section.

Appears in 1 contract

Samples: Lease Agreement (Execustay Corp)

Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances and only for the permitted use (as defined in Paragraph 1(h) hereof)purpose of: FIBER OPTIC PRODUCT SALES, MARKETING, GENERAL OFFICE OPERATION, LIGHT MANUFACTURING, DISTRIBUTION AND FOR THE DIRECTLY RELATED LEGAL USES THEREOF AND FOR NO OTHER PURPOSE. Tenant will shall not occupy or use the Premises, do or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance on covering the Building Premises or any part thereof, or any of its contents; and in , or will cause a cancellation of any insurance covering the event thatPremises or any part thereof, by reason or any of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyits contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or interfere with, annoy or disturb with the rights of other tenants or Landlord in management occupants of the BuildingPremises or neighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant will maintain shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a cleanpart, healthful and safe condition and will comply with all lawsexcept in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, ordinancessupplies, ordersequipment, rules and regulations (statefinished products or semi-finished products, federal, municipal and other agencies raw materials or bodies having articles of any jurisdiction thereof) with reference nature shall be stored upon or permitted to use, condition or occupancy of remain outside the Premises. Tenant's obligation Tenant shall not place anything or allow anything to comply with all laws specifically includes be placed near the glass of any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilitieswindow, door partition or wall that may appear unsightly from outside the Premises. Tenant will notNo loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord, such consent . Tenant shall not commit or suffer to be unreasonably withheldcommitted any waste in or upon the Premises. Tenant shall indemnify, paintdefend and hold Landlord harmless against any loss, install lightingexpense, window coverings or decorationdamage, reasonable attorneys' fees, or install liability arising out of failure to comply with any signsapplicable law. Tenant shall comply with any term, window covenant, condition, or door lettering or advertising media restriction ("TCC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any type on tenant or about the Premises or any part thereof. Should Landlord agree in writing to any occupant of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Lease Agreement (Alliance Fiber Optic Products Inc)

Use. Tenant shall use and occupy the Premises only for the permitted use (as defined Permitted Uses set forth in Paragraph 1(hSection 1.01(e) hereof), and for no other purposes. Tenant will shall not occupy or use the Premises, or permit the Premises or any portion of the Premises thereof to be occupied or used for any business or purpose other than the permitted use Permitted Uses or for any use or unlawful purpose which is unlawful in part or in whole any unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or deemed subleases with third party vendors of Tenant's choice for the purpose of operating any of the facilities referred to be disreputable in any manner the Permitted Uses in Section 1.01(e). Tenant shall not do or extrahazardous on account of fire, nor permit anything to be done in the Premises, nor bring or keep anything therein which will in any way increase cause cancellation of any insurance policy covering the rate Project or any part thereof or any of fire insurance on the Building or its contents; and in . In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of Insurance insurance on the Building or contents created by Tenant's acts or conduct of business than its contents, Tenant hereby agrees to pay to Landlord the amount of such increase promptlyincrease. Tenant shall not do anything in or about the Premises and/or Project which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or unreasonably interfere with, annoy or disturb with the rights of other tenants or Landlord in management occupants of the BuildingProject. Tenant will maintain the Premises in a cleanshall not permit any nuisance in, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Premises. Tenant shall not commit or suffer to be committed any part thereof. Should Landlord agree waste in writing to any of or upon the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I2 Technologies Inc)

Use. Tenant The Premises shall use the Premises be used only for the permitted purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant's current use (as defined of the Premises is acceptable to Landlord. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant may park one delivery-type truck on the property. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Premises are situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner (including without limitation any method of storage) which would render the insurance thereon void or extrahazardous on account the insurance risk more hazardous or cause the State Board of fire, nor permit anything Insurance or other insurance authority to be done which will in disallow any way increase the rate of fire insurance on the Building or contents; and in sprinkler credits. In the event thatTenant's use of Premises shall result in an increase in insurance premiums, by reason of acts of Tenant, there Tenant shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessolely responsible for said increase.

Appears in 1 contract

Samples: Lease Agreement (Bioject Medical Technologies Inc)

Use. The Tenant shall use and occupy the Premises only for the permitted use retail sale of furniture and home furnishings (as defined in Paragraph 1(hbut not floor coverings) hereof)and for no other purpose. Tenant will not occupy or use shall limit all displays to the interior of the Premises. Tenant shall not sell beer, wine, liquor or food on the Premises. Tenant shall not permit any portion of the Premises to be occupied or used for any business food preparation or purpose other than sale. Any use of the permitted use or for any use or purpose which is unlawful Premises in part or in whole or violation of this Article 2 shall be deemed to be disreputable in any manner a breach of a substantial obligation of this Lease. Tenant shall not use or extrahazardous on account of fireoccupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in a manner which will in any way increase violate any Certificate of Occupancy (if there is an existing Certificate of Occupancy) affecting the rate of Premises, the zoning laws or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire insurance on or other insurance, or which will cause or be likely to cause structural damage to the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof, or which will constitute a public or private nuisance, and shall not use or occupy or permit the Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority. Should Landlord agree in writing to any of the foregoing items in the preceding sentenceIf future laws or regulations prohibit Tenant use (as set forth above), Tenant will maintain such permitted items in good condition and repair at all timesshall have the right to terminate this lease on thirty (30) days written notice. Landlord represents that the Premises are zoned for the use set forth above. Landlord makes no representation as to the existence of a certificate of occupancy for the Premises.

Appears in 1 contract

Samples: Room Plus Inc

Use. Tenant shall not use the Demised Premises only for the permitted use in violation of applicable Requirements (as defined in Paragraph 1(h) hereofSection 8.1). Except to the extent required in connection with the operation of the Demised Premises and reasonable amounts of materials required in connection with Tenant's present business activities at the Demised Premises (each of which shall be stored, used, treated and disposed of in compliance with all Environmental Laws), Tenant shall not and shall not permit any Subtenants to, use any portion of the Demised Premises for the storage, treatment, disposal, warehousing or distribution of any flammables, explosives, or radioactive materials, asbestos-containing materials, hazardous or toxic materials, gasoline, waste, or other petroleum products, soil or water pollution, hazardous wastes, toxic substances, corrosive materials, potentially or allegedly carcinogenic substances, substances alleged or believed to result in reproductive toxicity, or similar substances or materials, including without limitation, any substances or materials defined as hazardous, toxic or environmentally unsafe under any governmental law, regulation or ordinance. Tenant shall not, and shall not permit any subtenants to, commit any acts or omissions which would give rise to liability under any Environmental Law. Tenant will not occupy or use the Premises, or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything act to be done or any condition to exist thereon or any part thereof or any article to be brought thereon, which will may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any way increase the rate of fire insurance on the Building or contents; and then in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyforce with respect thereto. Tenant will conduct its business and control its agentsnot use or allow the Demised Premises or any part thereof to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy or certificate of compliance, employees and invitees in such a manner as not to create any nuisanceif any, nor interfere with, annoy covering or disturb other tenants or Landlord in management affecting the use of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Demised Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.

Appears in 1 contract

Samples: Transcrypt International Inc

Use. Tenant (a) The Premises shall be used for general office purposes, any other lawful purpose incidental to Tenant’s business, and any other purposes consistent with uses of other office tenants in similar office buildings in the reasonable vicinity of the Building, and no other, unless consented to in writing by Landlord. Subject to the foregoing and Tenant’s right to so use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof). Tenant will not and occupy or use the Premises, the Building and the Common Areas under this Lease, Tenant shall not do or, to the extent caused by Tenant, permit to be done in or permit about the Premises, Building, or Common Areas, anything which is prohibited by or in any portion way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises, Building or any of its contents, or Common Areas or cause a cancellation of any insurance policy of Landlord covering the Premises or Building or any part thereof or any of its contents, or the Common Areas (in the case of hazardous material, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of in accordance with “Applicable Laws,” as defined below). Again subject to be occupied or used for any business or purpose other than the permitted foregoing and Tenant’s right to so use or for any use or purpose which is unlawful in part or in whole or deemed and occupy the Premises, the Building and the Common Areas under this Lease, Tenant shall not do or, to be disreputable in any manner or extrahazardous on account of firethe extent caused by Tenant, nor permit anything to be done in or about the Premises, Building, or the Common Areas which will in any way increase violate “Rules or Regulations” (as defined below) reasonably promulgated by Landlord, with advance notice thereof to Tenant, obstruct or interfere with the rate rights of fire insurance on other tenants, or injure them, or use or allow the Premises, Building or contents; the Common Areas to be used for any improper, immoral, or unlawful purpose, or cause, maintain or, as and in to the event that, extent caused by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create permit any nuisance, nor interfere within, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises, Building, or the Common Areas or commit or, to the extent caused by Tenant, suffer to be committed any waste in, on or about the Premises, Building or the Common Areas. Tenant shall have access to the Building, the Common Areas and Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timeson a 24 hour/7 day a week basis.

Appears in 1 contract

Samples: Commercial Lease (Control4 Corp)

Use. Tenant (a) The Premises shall use the Premises be used only for the purpose set forth in Item 18 of the Basic Lease Provisions and for reasonable and customary uses ancillary thereto, and shall not be used for any other purpose. Landlord shall have the right to deny its consent to any change in the permitted use of the Premises in its sole and absolute discretion. (b) Outside storage including, without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, subject to applicable Legal Requirements, Tenant shall have the right to locate its cooling equipment and backup generators in the truck court directly behind and outside the Premises as defined in Paragraph 1(h) hereof)shown on Exhibit A, so long as there is no interference with the access of other tenants to the Building parking lots and truck courts. Tenant will not occupy or shall obtain, at Tenant’s sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord’s insurance carrier. Tenant shall not permit any objectionable or permit unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the Property, or unreasonably interfere with such other tenants’ use of their respective space. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. - 5 - (c) If any Legal Requirement shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant, shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building and/or the Premises is determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Property as of the Commencement Date and such non-compliance is not related to Tenant’s particular use or occupancy of the Premises, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property and/or the Premises required by such governmental agencies so that the Property and/or the Premises complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title Ill of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to time, including, without limitation, all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (excluding the Premises), which require Landlord to make capital expenditures or repairs to the Property (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the tenants in the Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees to maintain the Property (except the Premises) in compliance with all Legal Requirements. (d) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the State or the city or county in which the Property is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Legal Requirements) to be occupied carry or used for otherwise use any business or purpose other than the permitted use or for any use or purpose which is unlawful Building system in part excess of its capacity or in whole any other manner which may damage such system or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times4.

Appears in 1 contract

Samples: Agreement of Lease

Use. Tenant shall use the Premises only for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the permitted use (as defined in Paragraph 1(h) hereof)Premises can be used for those purposes. Tenant will not occupy or use waives any right to terminate this lease in the Premises, or permit any portion of event the Premises to cannot be occupied or used for such purposes during the Lease term. The premises may not be used for any business other purpose without Landlord's written consent. Tenant shall not do or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises or bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance on upon the Building or any of its contents; and in the event that, by reason or cause cancellation of acts of Tenant, there shall be any increase in the rate of Insurance on insurance policy covering the Building or contents created by Tenant's acts any part thereof or conduct any way obstruct or interfere with the rights of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management occupants of the BuildingBuilding or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant will maintain shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises in a cleanany signs, healthful and safe condition and will comply with all lawssymbols, ordinances, orders, rules and regulations (state, federal, municipal and drapes or other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, materials without the prior written consent of Landlord. Tenant shall not, such consent not to be unreasonably withheldwithout Landlord's prior written consent, paint, install lighting, window coverings or decorationkeep any substances designated as, or install containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any signsfederal, window state, or door lettering local law, regulation, or advertising media of any type ordinance on or about around the Premises Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant shall be fully and completely liable to Landlord for any part thereofand all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the use, storage, disposal, transportation, generation or sale by Tenant (or its employees, agents, contractors or invitees) of hazardous substances on the Premises. Should Landlord agree in writing gives Tenant and its employees, authorized representatives, and business invitees a nonexclusive right to any the reasonable use and enjoyment of the foregoing items in the preceding sentenceCommon Areas, Tenant will maintain such permitted items in good condition and repair at all timessubject to Landlord's rights set forth herein.

Appears in 1 contract

Samples: Scolr Inc

Use. Tenant shall procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant's use and occupancy of the Premises. Tenant shall use the Premises only solely for the permitted Permitted Use specified in the Summary, and shall not use (as defined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or permit 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 whatsoever without Landlord’s prior written approval, which is unlawful shall not be unreasonably withheld. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to Tenant’s specific use or occupancy of the Premises now or hereafter in part force or relating to any alteration or improvement of the Premises by Tenant (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in whole the Term). Tenant shall not use or deemed allow the Premises to be disreputable in used for any manner improper, unlawful or extrahazardous on account of fire, nor reasonably objectionable purpose. Tenant shall not do or permit anything to be done which anything that will in any way increase obstruct or interfere with the rate rights of fire insurance on other tenants or occupants of the Building or contents; and in the event thatProperty, by reason of acts of Tenantif any, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts injure or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyannoy them. Tenant will conduct its business and control its agentsshall not cause, employees and invitees in such a manner as not to create maintain or permit any nuisancenuisance in, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises Premises, the Building or the Property, nor commit or suffer to be committed any part thereof. Should Landlord agree in writing to any of waste in, on or about the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Use. Tenant shall use the Premises only for the permitted use (as defined in Paragraph 1(h) hereof)a Deli Restaurant, serving breakfast, lunch, dinner items and catering. Tenant will not occupy or use the Premises, or permit To any portion of the Premises to be occupied or used for any business or other purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord Tenant shall not use or occupy the Premises in violation of law or of the certificate or occupancy used for the Building of which the Premises are part, and shall, upon five (5) days written notice from Landlord, such consent discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to the violation of laws or said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction 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. Tenant shall not do or permit to be unreasonably withhelddone anything which will invalidate or increase the cost of any fire, paintextended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with the rules, install lightingorders, window coverings regulations and requirements of the Pacific Fire Rating Bureau or decorationany other organization performing a similar function. Tenant shall promptly upon 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 Paragraph 8. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct of interfere with the rights of other tenants or occupants of the Building, or install injure or annoy them, or use or allow the Premises to be used for any signsimproper, window immoral, unlawful or door lettering objectionable purpose, nor shall Tenant cause, maintain or advertising media of permit any type nuisance in, on or about the Premises. Tenant shall not commit of suffer to be committed any waste in or upon the Premises or any part thereof. Should Landlord agree and shall keep the Premises in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition first class repair and repair at all timesappearance.

Appears in 1 contract

Samples: Office Lease (Lucys Cafe Inc)

Use. Tenant The Premises shall use the Premises be used only for the permitted use purpose of receiving, storing, shipping, light manufacturing, and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as defined in Paragraph 1(h) hereof)may be incidental thereto. Tenant will shall not occupy conduct or use give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not commit waste, overload the floors or structure of the Premises, or permit any portion of subject the Premises to be occupied or used for any business or purpose other than the permitted use or for any use that would damage the Premises, reasonable wear and tear excepted. Tenant shall not knowingly permit any objectionable or purpose which is unlawful in part unpleasant odors, smoke, dust, gas, noise, or in whole vibrations to emanate from the Premises, or deemed to be disreputable in take any manner or extrahazardous on account other action that would constitute a nuisance. Tenant shall pay the amount of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate cost of Insurance on any insurance carried by Landlord for the Building or contents created Premises that is caused by and reasonably attributable to Tenant's acts or conduct use of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyPremises. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not shall comply with any restrictive covenants applicable to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, any reasonable rules and regulations with respect to the Premises that are not inconsistent with this Lease promulgated by Landlord after reasonable notice to Tenant. Except as set forth in the Specifications (statedefined in the Construction Addendum), federaloutside storage, municipal including without limitation, storage of trucks and other agencies or bodies having any jurisdiction thereof) with reference to usevehicles, condition or occupancy of Premises. Tenantis prohibited without Landlord's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent (which shall not to be unreasonably withheld); provided, painthowever, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type Tenant may temporarily park trucks on or about the Premises or any part thereofas long as it is incidental to Tenant's business. Should Landlord agree in writing to any Any occupation of the foregoing items in Premises by Tenant before the preceding sentence, Commencement Date shall be subject to all obligations of Tenant will maintain such permitted items in good condition and repair at all timesunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Weider Nutrition International Inc)

Use. Tenant The Sublet Premises shall use the Premises be used only for the permitted purpose of manufacturing, storing and distributing airplane parts and aircraft welded assemblies, and storing, cutting and distributing metal plates for aircraft, and for such other lawful purposes as may be incidental thereto, including general office use. Outside storage is prohibited without Sublessor's prior written consent. Sublessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Sublet Premises, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as defined hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of conditions or nuisances in Paragraph 1(h) hereof)or upon, or connected with, the Sublet Premises, all at Sublessee's sole expense. Tenant Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Sublet Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Sublet Premises are situated or unreasonably interfere with their use of their respective premises. Without Sublessor's prior written consent, Sublessee shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Sublessee will not occupy or use permit the Premises, or permit any portion of the Sublet Premises to be occupied or used for any business purpose or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account (including without limitation any method of fire, nor permit anything storage) which would (i) cause the existing fire sprinkler system to be done which will in any way inadequate under existing laws and codes, or (ii) render the insurance thereon void or cause the insurance premiums to increase or cause the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate State Board of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees other insurance authority to pay to Landlord the amount of such increase promptly. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create disallow any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timessprinkler credits.

Appears in 1 contract

Samples: Sublease Agreement (Air Industries Group, Inc.)

Use. Tenant shall use the Premises only in conformance with applicable --- governmental laws, regulations, rules and ordinances for the permitted use (as defined purpose of general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that such uses shall be in Paragraph 1(h) hereof)accordance with all applicable governmental laws and ordinances, and for no other purpose. Tenant will shall not occupy or use the Premises, do or permit 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 which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance on covering the Building Premises or any part thereof, or any of its contents; and in , or will cause a cancellation of any insurance covering the event thatPremises or any part thereof, by reason or any of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptlyits contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor way obstruct or interfere with, annoy or disturb with the rights of other tenants or Landlord occupants of neighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in management the drainage system of the Buildingbuilding, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises including the outside of the building, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant will maintain shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, at the Premises without the prior written consent of Landlord, such consent . Tenant shall not commit or suffer to be unreasonably withheldcommitted any waste in or upon the Premises. Tenant shall indemnify, paintdefend and hold Landlord harmless against any loss, install lightingexpense, window coverings or decorationdamage, reasonable attorneys' fees, or install liability arising out of failure of Tenant to comply with any signsapplicable law. Tenant shall comply with any covenant, window condition, or door lettering or advertising media restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any type on tenant or about the Premises or any part thereof. Should Landlord agree in writing to any occupant of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all timesPremises.

Appears in 1 contract

Samples: Lease Agreement (Egain Communications Corp)

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