Common use of Use Clause in Contracts

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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 4 contracts

Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)

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Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Winsonic Digital Media Group LTD), Lease Agreement (Channell Commercial Corp), Lease Agreement (Onsale 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more 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. Landlord hereby consents to the transport through the Common Areas and the placement within the Premises (in the locations reflected on the Space Plan (as defined in the Work Letter)) of the Tenant equipment reflected in the Space Plan pursuant to its determination that the same, as located as reflected in the Space Plan, is within the structural capacity of the floor of the Premises. 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. Subject Landlord shall be responsible 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 Landlord’s performance of its obligations the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior 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 specific use or occupancy of the PremisesPremises or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related applicable to Tenant’s specific use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Appears in 3 contracts

Samples: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, 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”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will shall use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises or Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, . Tenant shall not use or using or allowing allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building 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. Tenant shall have access to the Premises, 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s performance of its obligations obligation to deliver Landlord’s Work in the Work LetterPremises in compliance with applicable Legal Requirements, as provided in Section 2. 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 ). Notwithstanding any other provision herein to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related applicable to Tenant’s use or occupancy the Premises (except to the extent such violations result from a failure of the PremisesPremises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 3 contracts

Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits; provided, however, that in no event shall Tenant’s Permitted Use in compliance with this Lease be deemed a violation of the foregoing. As of the Commencement Date, Landlord confirms that Tenant’s use of the Premises in accordance with the Permitted Use and all applicable Legal Requirements will not cause an increase in the premiums for the insurance that Landlord is required to maintain under this Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly within 30 days after written notice as Additional Rent upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesPremises in a manner that is not in compliance with the Permitted Use. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which that 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 3 contracts

Samples: Sublease Agreement (NextCure, Inc.), Sublease Agreement (NextCure, Inc.), Sublease Agreement (NextCure, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord shall be responsible for the compliance of the Common Areas of the Project (but not the Premises) with the Legal Requirements as of the Commencement Date (including compliance of the Common Areas of the Project with Legal Requirements triggered by Landlord’s performance of its obligations Work). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. 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 PremisesPremises or any Tenant Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the PremisesPremises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims 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 any Tenant Alterations.

Appears in 3 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, 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”) applicable to the Premises and Tenant’s use of the Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more 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, 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. Subject to Landlord shall be responsible, at Landlord’s performance cost and not as part of its obligations Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior 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. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy 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 cost to Tenant, to reasonably cooperate with Landlord, and to provide such Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 3 contracts

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

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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, 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”) Premises (collectively, "Legal Requirements” and each"). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Adams Golf Inc), Lease Agreement (Adams Golf Inc)

Use. The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant 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 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 basic lease provisions on page 1 of this 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue 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 which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, defendTenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Premises or the Building that relate solely to the specific manner of use of the Premises by Tenant, hold and save Landlord harmless shall make all other additions to or modifications of the Premises required from and against any 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 provisions 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 such Claimsapplicable laws, building codes, regulations and ordinances in effect on the Commencement Date of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc)

Use. (a) The Premises shall be used solely for general office use, including business executive, sales and administrative office purposes, only, except as limited by Paragraph 6(b), and, subject to the Permitted Use set forth in the basic lease provisions on page 1 terms 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 Premisesuses incidental thereto, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to shall be used for any no other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except The use of an existing kitchenette facility located in the Premises, if any, is subject to the terms of this Lease and is deemed an incidental use. (b) Tenant may not use any part or all of the Premises for any regular retail operations, other than special pop-up or other events from time to time, but excluding any such events in the Covered Space (as may be provided under hereinafter defined); offices for the Work Letterconduct of any adult entertainment business or a business primarily engaged in sexually explicit products or services; a medical or dental office; manufacturing, warehousing or inventory distribution; an office providing any type of psychological or drug counseling, or employment placement or agency office; telemarketing operations; consulate, foreign mission or trade office; government or regulatory agency office; educational institution with classrooms, or similar uses. (c) Tenant shall not, without the prior written consent of Landlord, not use the Premises or permit anything to be done 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of about the Premises or the Project that are required by Legal Requirements Building which will in any way conflict with any present or future law, statute, ordinance, code, rule regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any present or future governmental or quasi-governmental authority, agency, department, board, panel or court (singularly and collectively “Laws”). Subject to the terms of this Paragraph 6(c), Tenant shall, at its expense, promptly comply with all Laws, including, without limitation, compliance of the Premises Federal Americans with Disabilities Act (the Federal Americans with Disabilities Act, as codified in State and local building codes, is referred to herein as the “ADA) related ”), and any Hazardous Materials Laws (as hereinafter defined), relating to Tenant’s use or affecting the condition, use, maintenance or occupancy of the Premises. Tenant acknowledges that Landlord has disclosed to Tenant the fact that the Project is a grouping of historic buildings that contain architectural and design elements that may not comply with the ADA. In connection with the delivery of possession of the Premises to Tenant, Landlord shall provide ADA compliant path of travel to the Premises, including constructing a new Building lobby on the 0xx Xxxxxx entrance to the Building. To the extent certain Building amenities are not available to persons with physical disabilities, Landlord will institute throughout the Term of this Lease administrative protocols that offer access on an “as needed” basis to alternative facilities in the Project (which may include the Building management office) that offer comparable public accommodations to invitees with physical disabilities. Subject to Landlord’s performance the foregoing, it is the intent of its obligations in the Work Letterparties to allocate to Tenant the cost of compliance of any and all Laws, regardless of the existing condition of the Premises, the cost of compliance or the foreseeability of the enactment or application of the Laws to the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages required to make structural changes to the Premises unless they arise 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 are required because of or in connection with Legal Requirements related to Tenant’s specific use of the Premises for other than general office use, or the type of business conducted by Tenant in the Premises, or Tenant’s Alterations, (and exclusive of the Tenant Improvements performed by Landlord), or Tenant’s acts or omissions. In accordance with California Civil Code Section 1938, Landlord hereby discloses, and Tenant acknowledges, that neither the Premises nor the Building has been inspected by a Certified Access Specialist. As required by Section 1938(e) of the California Civil Code, Landlord hereby states as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” In furtherance of the foregoing, by their execution of this Lease, Landlord and Tenant hereby agree that, without limiting Tenant’s obligations to comply with the ADA and Laws as provided in the Lease, subject to the performance by Landlord of the ADA compliant work provided in this Paragraph, tenant, at its sole cost and expense, shall be solely responsible for making any improvements, alterations, modifications and/or repairs within or to the Premises to correct violations of construction-related accessibility standards as disclosed by any Tenant-performed CASp inspection shall be allocated in accordance with the terms of this Paragraph 6(c). (d) Supplementing the provisions of Paragraph 6(c) above, Tenant shall not use the Premises or any portion of the Building in violation of any federal, state, or local law, ordinance, or regulation relating to the environment, health, or safety. Tenant shall not use, generate, manufacture or store in or about the Premises or the Building or transport to or from the Premises or the Building any explosives, radioactive materials, hazardous materials, hazardous wastes, asbestos, flammable petroleum products, PCB transformers, toxic substances or related materials (collectively ‘ Hazardous Materials”), other than the use and storage in the Premises of small quantities of such substances when found in commonly used household cleansers, office supplies and general office equipment, and any such substances shall be used, kept, stored and disposed of, in strict accordance with all applicable federal, state and local laws now in force or which may hereafter be in force relating to the protection of human health or the environment from Hazardous Materials, including all requirements pertaining to reporting, licensing, permitting, investigation and remediation of emissions, discharges, storage, disposal or releases of Hazardous Materials and all requirements pertaining to the protection of the health and safety of employees or the public with respect to Hazardous Materials (collectively, “Hazardous Materials Laws”). Hazardous Materials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” “hazardous waste” or “waste” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901, et seq.; those substances defined as “hazardous wastes” in Section 25117 of the California Health & Safety Code or as “hazardous substances” in subdivision (f) of Section 25281, and Section 25316, of the California Health & Safety Code; substances defined as “mold” in subdivision (g) of Section 26101 of the Health & Safety Code (the “Toxic Mold Protection Act of 2001”); and any “waste” as defined in subdivision (d) of Section 13050 of the Water Code; and in the regulations adopted and procedures promulgated pursuant to any of the aforementioned laws; and in any revised or successor code thereto; and any other chemical, material or substance at levels for which exposure is prohibited, limited or regulated by any governmental authority. To Landlord’s actual knowledge, no Hazardous Materials exist on or about the Premises, and as of the date of this Lease in violation or at levels that exceed that permitted under Hazardous Materials Laws. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant shall be obligated to indemnify, defend, defend and hold and save Landlord harmless from and against any Hazardous Materials placed on, under or about the Project or the Building (including without limitation the Premises) prior to the Commencement Date, unless such conditions are knowingly or negligently exacerbated by Tenant or any contractor under the control of Tenant, in which event such condition shall be subject to the Tenant indemnification hereinabove provided, and, subject to the foregoing, the cost to remove and all remediate any such ClaimsHazardous Materials shall be at the sole cost and expense of Landlord. (e) Subject to Landlord’s right to temporarily or permanently close, remove or alter such areas, Tenant and Tenant’s employees, invitees and licensees shall have the right to use, in common with others, the outdoor walkways, pathways and seating areas (if any) located within the Project. Subject to compliance with the terms of this Lease and the Building Rules, Tenant and its authorized personnel shall have reasonable access to the Premises seven days per week, on a 24-hour-per-day basis.

Appears in 2 contracts

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

Use. The (a) Subject to the terms and provisions hereof, Tenant may use and enjoy the Premises shall be used solely only for the Permitted Use set forth sale, lease, trade or repair of motor or other vehicles and other uses in the basic lease provisions on page 1 course 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, prudent business practices normally associated therewith including, without limitation, the Americans With Disabilities Actsale of parts and services. Without limiting the generality of the foregoing, 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, upon 5 days’ written notice from Landlord, discontinue any provisions relating to use of the Premises which is declared shall be broadly construed to encompass all uses normally associated with premises occupied by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementautomobile, boat and recreational vehicle dealerships. Tenant will shall not use or occupy, permit the Premises to be used for any purpose or in any manner that would void Tenant’s occupied, nor do or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises anything to be used as a “place of public accommodation”, as defined done in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use on the Premises in a carefulmanner which would constitute a public or private nuisance, safe and proper manner and will not commit or permit wastewhich would violate (i) any laws, overload the floor regulations, ordinances, or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice requirements of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed Governmental Authority having jurisdiction in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance those which relate to Hazardous Materials, or (ii) any recorded restrictive covenants covering the Premises provided that such restrictive covenants do not impair Tenant's use of the Premises for the purposes set forth herein. (b) Tenant covenants and agrees that Tenant shall not at any time maintain on, dispose of or generate on or discharge or release to or from the Premises, or permit any party in possession through or under Tenant to maintain on, dispose of, discharge from or generate or release on the Premises, any "Hazardous Materials" (hereafter defined), except for (i) any Hazardous Materials that may be used, generated or maintained in the ordinary course of Tenant's operations at the Premises for the use permitted under Section 6.1(a), and (ii) any asbestos in any form existing on the Premises as of the date of this Lease. Subject to the foregoing, Tenant or any party in possession through or under Tenant or any persons occupying or present on the Premises with the ADA) related consent of Tenant shall not at any time discharge from, spill or release to Tenant’s use or occupancy the Premises any Hazardous Materials. Except for any asbestos in any form existing on the Premises as of the Premises. Subject to date of this Lease (the proper disposition of which shall always be the responsibility of Landlord’s performance of its obligations in the Work Letter), Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsagrees to comply, and to cause all reasonable expenses incurred in investigating its employees, agents, contractors, invitees, customers and any other persons occupying or resisting present on the same Premises with the consent of Tenant to comply, with all applicable building codes and other federal, state and municipal laws, directives, orders, ordinances and regulations (includingcollectively "Laws") relating to Hazardous Materials with respect to any use by Tenant of such Hazardous Materials and with all Laws relating to the environment. The term "Hazardous Materials" as used herein shall include any hazardous waste, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of hazardous substances or in connection with Legal Requirements related to Tenant’s use any pollutant or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.contaminant as defined by

Appears in 2 contracts

Samples: Lease Agreement (Group 1 Automotive Inc), Lease Agreement (Group 1 Automotive Inc)

Use. The 3.1 Subject to all Legal Requirements, the Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaseoffice, warehouse and in compliance with all lawsdistribution and for such other lawful purposes as may be incidental thereto; however, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to no retail sales may be made from 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit conduct or give notice of any part auction, liquidation, or going out of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, Premises or subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place permit any machinery objectionable or equipment weighing 500 pounds unpleasant odors, smoke, dust, gas, noise, or more in vibrations to emanate from the Premises, cause or upon the Premises permit any nuisance that would disturb, unreasonably interfere with, or transport endanger Landlord or move such items through the Common Areas any tenants of the Project Project. Outside storage is prohibited. The Premises shall not be used in a manner which is unlawful, a nuisance, disreputable, creates extraordinary fire hazards or in the Project elevators without the prior written consent of Landlordincreased insurance rates. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use will maintain the Premises in any manner which a clean, healthful and safe condition and will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the comply with all applicable Laws. The Premises based upon Tenant’s Share as usually furnished shall not be used for the Permitted Use. Subject to Landlord’s performance retail sale, wholesale, cultivation, dispensing, storage or distribution of its obligations in the Work Letter, any marijuana or medical marijuana and such use is prohibited. 3.2 Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of use and occupy the Premises or the Project that are required by Legal Requirements (in compliance with all laws, including, without limitation, compliance of all zoning ordinances, the Americans with Disabilities Act, orders, judgments, ordinances, regulations, codes, covenants and restrictions now or hereafter applicable to the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “ClaimsLegal Requirements) arising out ). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or in connection with similar state statutes (“ADA”). Tenant shall, at its sole expense, make any alterations, additions and/or modifications at the Premises required by Legal Requirements related to Tenant’s specific use or occupancy occupation of the Premises, and . No use is permitted at the Premises that would void Tenant’s or Landlord’s insurance or increase the insurance risk. Tenant shall indemnifypay any increased cost of insurance on the Premises or the Project caused by Txxxxx’s use or occupation of the Premises. 3.3 Tenant and its employees and invitees shall have the non-exclusive right in common to use, defendin common with others, hold those areas located within or adjacent to the Building or Project designed for the common use and save benefit of Landlord harmless from and against any and all tenants and occupants, including sidewalks, curbs, parking facilities, means of ingress and egress, easement areas, appurtenant easement areas, truck maneuvering areas, landscaping, irrigation systems and other related items as may be designated from time to time by Landlord (collectively, the “Common Areas”), subject to such Claimsreasonable rules and regulations as Landlord may promulgate from time to time.

Appears in 2 contracts

Samples: Lease Agreement (ScanTech AI Systems Inc.), Lease Agreement (ScanTech AI Systems Inc.)

Use. The Premises Tenant may use the Property for any lawful purpose. At all times such use shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasecompliance with all applicable Laws, including without limitation any zoning, occupancy, permit and license requirements, and in compliance with all laws, orders, judgments, ordinancesrules, regulations, codes, directives, permits, licenses, covenants orders and restrictions now or hereafter applicable to requirements of the Premises, and to the use and occupancy thereof, including, without limitationAmerican Insurance Association (formerly, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”National Board of Fire Underwriters) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue or any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditssuccessor organization. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent cause cancellation of Landlord’s insurance policies or increase the premiums thereunder. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, Landlord makes no representation that 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises will comply with applicable zoning requirements or other Laws. The parties agree that Tenant shall be solely responsible for obtaining, at Tenant’s sole cost and expense, any necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and occupancy of the Project that are required by Legal Requirements Premises (including, without limitation, compliance of with building code and similar regulations applicable to the Premises with the ADA) related to TenantPremises), without, however, in doing so adversely affecting Landlord or impairing in any way Landlord’s current and permitted use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for ; and Landlord makes no warranty or representation whatsoever that 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 Premisesforegoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, and Tenant shall indemnifyobtain at its sole cost and expense any approval required by such 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, defendand 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, hold at Tenant’s sole cost and save Landlord harmless from and against any and all such Claimsexpense.

Appears in 2 contracts

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

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing including an electroplating process provided such process emits no unreasonably noxious fumes or odors. 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 in a careful, safe and proper manner and will not commit waste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the basic lease provisions on page 1 Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of this Leasethe Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all pay the amount of such Claimsincrease to Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)

Use. The Premises shall be used solely for light manufacturing of biopharmaceuticals and for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and selling (but specifically excluding retail selling) such products, and for such other lawful purposes incidental thereto (including incidental office and warehouse uses). Tenant shall not conduct any auction, liquidation, or similar activities at the Premises, and will use the Premises, Building, and Project in a safe 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 outside storage, nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Tenant shall use the Premises in compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, “Legal Requirements”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101similar state statutes, et seqlocal ordinances, or any related regulations, as may be amended from time to time. (together The Premises shall not be used for residential purposes. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the regulations promulgated pursuant theretoPremises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, “ADA”) (collectivelyLandlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements” Requirements which come into effect after the Commencement Date and eachsuch non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, a “Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirement”)Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements as a result of Tenant’s specific use or occupation of the Premises. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord and Tenant acknowledge and agree that Tenant’s use may include parking vehicles inside the Building temporarily overnight, provided that: (a) Tenant is solely responsible, at Tenant’s cost, for compliance with Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy design, permitting and installation of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any a carbon monoxide/nitrogen oxide (diesel exhaust) detection and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsventilation system), and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges fire department requirements and disbursements and costs of suit) (collectively, “Claims”) arising out of or approvals in connection with Legal Requirements related to Tenant’s use such use, (b) there be no hot works (e.g. for example, and not in limitation, cutting or occupancy welding), or painting within 20 feet of any vehicles inside the Premises, and (c) Tenant shall indemnify, defend, hold comply with the requirements of insurers of the Premises and save Landlord harmless from and against any and all such ClaimsBuilding.

Appears in 2 contracts

Samples: Lease Agreement (RayzeBio, Inc.), Net Lease Agreement (RayzeBio, Inc.)

Use. The Premises (a) Tenant shall be used solely permitted to use the Leased Premises for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasemanufacturing, warehousing, office space and in any other permitted use, subject, however, to compliance with all Federal, State and local laws, zoning ordinances, the orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions regulations of the Board of Fire Insurance Underwriters and any similar bodies having or asserting jurisdiction over the Leased Premises now in effect or hereafter applicable to the Premisesadopted by any governmental authority having or asserting jurisdiction, and such conditions, restriction and other encumbrances, if any, to which the use Leased Premises are subject at the time of execution 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”) delivery of this Lease (collectively, “Legal Requirements” and each, a “Legal Requirement”hereinafter referred to as the "Laws"). . (b) Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or occupy or permit the Leased Premises to be used for or occupied, nor do or permit anything to be done in or on the Leased Premises or any purpose or part thereof, in any a manner that would in any way violate any of the Laws or any certificate of occupancy affecting the Leased Premises or make void Tenant’s or Landlord’s insurance, increase the voidable any insurance riskthen in force with respect thereto, or cause that may interfere in any way with the disallowance of any sprinkler ability to obtain at regular rates fire or other credits. Tenant shall not permit insurance thereon required to be furnished hereunder by Tenant, or that will cause or be likely to cause injury to any part of the Premises Improvements, or that will constitute a public or private nuisance or waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or to make any agreement that may create, give rise to, or be used as a “place the foundation for, any right, title, interest, lien, charge or other encumbrance upon the estate of public accommodation”, as defined Landlord in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Leased Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 2 contracts

Samples: Lease Agreement (Lounsberry Holdings Ii Inc), Lease Agreement (Techprecision Corp)

Use. a. The Premises shall be used only for the growing, cultivating, storing, weighing, packaging, selling or processing for sale of hemp and hemp related products as described in and in accordance with 7 CFR 990, as may be amended from time to time, and for such other lawful purposes as may be directly related thereto (the “Permitted Use”). Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. b. Provided Tenant, at Tenant’s sole cost and expense, obtains all required and lawful licenses and permits under the all federal, state, county or municipal laws, ordinances, statutes, rules, regulations, codes, permits, licenses, certificates of occupancy, covenants, conditions, restrictions, easements and all other matters of record affecting the Premises and applicable to the use of the Premises (collectively, “Laws”) (subject to the Federal Law Exceptions, defined below) (the “Required Licenses”), Tenant shall use the Premises solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, Section 3.a 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, for no other purpose 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld for uses consistent with Landlord’s then existing use criteria for the Premises in Buildings. Tenant shall not permit any manner which will require ventilation, air exchange, heating, gas, steam, electricity disorderly conduct or water beyond the existing capacity nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. Copies of the Project as proportionately allocated Required Licenses shall be provided to Landlord prior to Tenant conducting any business at the Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications with respect to the interior or the exterior suitability of the Premises or the Project Buildings for the conduct of Tenant’s business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises or the Buildings, except as provided in writing in this Lease. Tenant acknowledges that are required by Legal Requirements (includingLandlord may from time to time, at its sole discretion, make such modifications, alterations, repairs, deletions or improvements to the Buildings or Property as Landlord may deem necessary or desirable, without limitationcompensation or notice to Tenant, compliance provided that such alterations, repairs, deletions or improvements shall not materially adversely affect Tenant’s use of the Premises during normal daytime business hours and in no event shall Landlord be liable for any consequential damages. Tenant shall promptly comply with all Laws affecting the ADAPremises and the Buildings. Notwithstanding anything contained in this Lease to the contrary, it shall not be an event of default if Tenant violates a federal law, rule, order, ordinance, regulation or requirement (collectively, “Federal Law”) related which Federal Law prohibits the Permitted Use, provided that Tenant is in compliance with all other Laws (collectively, the “Federal Law Exceptions”). Tenant acknowledges that Tenant is solely responsible for ensuring that the Premises comply with any and all Laws applicable to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance and conduct of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of business on the Premises, and that Tenant is solely responsible for any alterations or improvements that may be required by such Laws, now existing or hereafter adopted. Tenant shall indemnifynot do or permit anything to be done in or about the Premises or bring or keep anything in the Premises that will in any way increase the premiums paid by Landlord on its insurance related to the Buildings or which will in any way increase the premiums for fire or casualty insurance carried by other tenants in the Buildings. Tenant will not perform any act or carry on any practices that may injure the Premises or the Buildings that may be a nuisance or menace to other tenants in the Buildings or that shall in any way interfere with the quiet enjoyment of such other tenants. Tenant shall not do anything on the Premises which will overload any existing parking or service to the Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, defend, hold and save Landlord harmless shall have the right to evict Tenant from and against any and all such Claimsthe Premises.

Appears in 2 contracts

Samples: Lease Agreement (RHINO BIOTECH LTD), Lease Agreement (RHINO BIOTECH LTD)

Use. The Tenant shall use the Premises shall be used solely only for the Permitted Use set forth and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits and licenses necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the basic lease provisions on page 1 of this LeasePremises. Further, and in Landlord shall be responsible for compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Disabilities Acts in the Common Area and restrictions now or hereafter applicable with respect to the path of travel to the Premises, and unless any non-compliance is caused by or attributable to (a) any Alterations performed by or at Tenant’s request (other than the use and occupancy thereofWork), including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. or (together with the regulations promulgated pursuant thereto, “ADA”b) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any Tenant’s specific use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction opposed to be general office use). If Tenant’s initial use of the Premises is not a violation “place of a Legal Requirement. public accommodation” within the meaning of the Disabilities Acts, then Tenant will may not thereafter change the use or permit to cause the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as become a “place of public accommodation”. In addition, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will shall not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposepurpose which creates strong or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness or loudness; or which is associated with indecent or pornographic matters. Tenant shall cause any equipment or machinery to be installed in the Premises conduct its business and control each other Tenant Party so as not to reasonably prevent sounds create any nuisance or vibrations from the Premises from extending into Common Areas, unreasonably interfere with other tenants or other space Landlord in its management of the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of about the Premises or the Project that are required by Legal Requirements (includingProject, without limitation, compliance which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises with or the ADA) related Project. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to Tenant’s use or occupancy of activity conducted from the Premises. Subject , such statement or threat shall be conclusive evidence that the increase in such rate is due to Landlord’s performance such activity of its obligations in the Work LetterTenant and, as a result thereof, Tenant shall be responsible liable for the payment of such increase as additional Rent. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Project any dangerous, noxious, radioactive or explosive substance. Tenant agrees to comply with and all demandscooperate with Landlord’s efforts to comply with energy efficiency, claimsgreen building and/or carbon reduction laws, liabilitiesincluding occupant, losseswater, costsenergy and transportation surveys within the city, expensescounty, actions, causes of action, damages state 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 such Claimsother jurisdiction.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities ActXxxxxxxxxxxx Xxx, 42 U.S.C. § 1210100 X.X.X. 00000, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which that is declared to be a violation of any Legal Requirement by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementjurisdiction. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe safe, and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises Premises, or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, Areas or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which that will require ventilation, air exchange, heating, gas, steam, electricity electricity, or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s 's Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are may be required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages damages, or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges 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 PremisesRequirements, and Tenant shall indemnify, defend, hold hold, and save Landlord harmless from and against any and all such ClaimsClaims 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 (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leaselight manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto. 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 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. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of 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”) Premises (collectively, "Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises beyond that are cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required by Legal Requirements hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including, including without limitation, compliance commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises with by Tenant occurring prior to the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for subject to the terms and conditions of this Lease, other than any and all demands, claims, liabilities, losses, costs, expenses, actions, causes obligation of action, damages Tenant to pay Base Rent 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 such ClaimsOperating Expenses as defined below.

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

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”) applicable to the Premises and Tenant’s use of the Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more 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, 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. Subject to Landlord shall be responsible, at Landlord’s performance cost, for the compliance of its obligations the Premises (including, without limitation, Landlord’s Work) and the Common Areas of the Project with Legal Requirements as of the Commencement Date (including any non-compliance as of the Commencement Date discovered at a later date during the Term). Commencing on the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea 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 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 2 immediately preceding sentences, 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. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy 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 Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

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

Use. The Premises shall be used solely only for the Permitted Use set forth and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other party. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any use alterations or modifications, to the Premises, that are required as a result of changes in Legal Requirements after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant’s or Landlord’s insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or other creditsrestrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. Tenant shall not permit If any part increase in the cost of any insurance on the Premises over that applicable to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Permitted Use is caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting Tenant under this Lease other than the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs payment 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 such Claimsrent.

Appears in 2 contracts

Samples: Lease (Blue Rhino Corp), Lease (Blue Rhino Corp)

Use. (a) The Premises shall be used solely only for the Permitted Use purpose set forth in Item 17 of the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, and shall not be used for any other purpose. Landlord shall have the right to deny its consent to any change in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants the permitted use of the Premises in its sole and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, absolute discretion. (b) Outside storage including, without limitation, the Americans With Disabilities Actdrop shipments, 42 U.S.C. § 12101dock storage, et seq. (together with the regulations promulgated pursuant theretoovernight truck storage and other vehicles for overnight storage, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord’s prior written consent. Tenant shallshall obtain, upon 5 days’ written notice from Landlordat Tenant’s sole cost and expense, discontinue any and all licenses and permits necessary for Xxxxxx’s contemplated use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use or permit of the Premises to be used for any purpose or in any manner that would void Tenant’s or Premises, as well as all requirements of Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditscarrier. Tenant shall not permit any part objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises to the outside. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. (c) At Tenant’s sole cost and expense, Xxxxxx agrees to procure, maintain and hold available for Landlord’s inspection, all governmental licenses and permits required for the proper and lawful conduct of Tenant’s business from the Premises, if any. Tenant agrees not to use, alter or occupy the Premises or allow the Premises to be used, altered and occupied in violation of, and Tenant, at its sole cost and expense, agrees to use and occupy the Premises, and cause the Premises to be used as a “place and occupied, in compliance with: (i) any and all laws, statutes, zoning restrictions, ordinances, rules, regulations, orders and rulings now or hereafter in force and any requirements of any insurer, insurance authority or duly constituted public accommodation”authority having jurisdiction over the Premises, as defined the Building or the Property now or hereafter in force, (ii) the ADA requirements of the Insurance Services Office and any other similar body, (iii) the Certificate of Occupancy issued for the Building, and (iv) any recorded covenants, conditions and restrictions and similar regulatory agreements, if any, which affect the use, occupation or any similar legal requirementalteration of the Premises, the Building and/or the Property. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure Xxxxxx agrees to comply with the provisions Rules and Regulations referenced in Exhibit D of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesLease. Tenant will use the Premises in a careful, safe and proper manner and will Xxxxxx agrees not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing allow the Premises to be used for any unlawful or unreasonably objectionable purpose. Tenant shall cause agrees not to place or store any equipment articles or machinery to be installed in materials outside of the Premises so as or to reasonably prevent sounds cause, maintain or vibrations from permit any nuisance or waste in, on, under or about the Premises from extending into Common Areas, or other space in elsewhere within the ProjectProperty. Tenant shall not place any machinery use or equipment weighing 500 pounds or more in or upon allow the Premises to be used for lodging, bathing or transport or move such items through the Common Areas washing of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, clothes. (d) Tenant shall not, without the prior written consent of Landlord, use the Premises in not place weight upon 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Project that are required by Legal Requirements (including, without limitation, compliance of Building. Tenant shall not create within the Premises a working environment with a density of greater than the ADAlesser of (i) related to Tenant’s use five (5) persons per 1,000 square feet of Rentable Area, or occupancy of (ii) the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsmaximum density permitted by law.

Appears in 1 contract

Samples: Industrial Lease (Sow Good Inc.)

Use. The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing and light assembly. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent, except as otherwise set forth in the basic lease provisions on page 1 of this 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any non-structural alterations or modifications, within or without the Premises, that are required by Legal Requirements related solely to Tenant's manner of use or occupation of the Premises Premises. Landlord shall, at its expense, make any structural alterations or modifications, within or without the Premises, in addition to any non-structural exterior alterations or modification which is declared are not related to Tenant's sole manner of use or occupation of the Premises, that are required by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementRequirements. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance Tenant's manner of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Graham Field Health Products Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping, and selling (but limited to wholesale sales) products, materials, and general merchandise, including, but not limited to, bingo printing and finishing, pull tabs, and ink markers, made and/or distributed by Tenant, and for such other lawful purposes as may be incidental thereto. Tenant may also use the Premises for light manufacturing of pull tab inserts, lottery style tickets, assembly of electrical bingo blowers, flashboards, and electronic bingo units. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, that to the extent permitted by applicable Legal Requirements (defined below), Tenant shall have the right to park automobiles, trucks and/or trailers along the exterior walls of the Premises, between the truck doors, and at the truck doors of the Premises, and in the basic lease provisions truck court area for the Premises, as shown on page 1 of Exhibit A to this Lease, so long as such automobiles, trucks and/or trailers are in operable condition and do not block access to the premises of other tenants (if any) of the Building. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Stuart Entertainment Inc)

Use. A. The Premises shall be continuously used solely by Tenant, but only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and in compliance selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for no other use or purpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The outside storage of any property (including, without limitation, overnight parking of trucks and other vehicles) is prohibited. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations ("Laws") applicable to its use and occupancy of the Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with the Premises, and all at Tenant's sole expense. If as a result of any change in Laws, the Premises must be altered to lawfully accommodate the use and occupancy thereof, includingsuch alterations shall be made only with the consent of Landlord, without limitationbut the entire cost thereof shall be borne by Tenant; provided, that, the Americans With Disabilities Actnecessity of Landlord's consent shall in no way create any liability against Landlord for the failure of the Tenant to comply with such Laws. Tenant and its employees, 42 U.S.C. § 12101, et seq. (together customers and licensees shall have the nonexclusive right to use in common with the other parties occupying the Building, common parking areas, if any, (exclusive of any parking or work load areas designated or to be designated by Landlord for the exclusive use of Tenant or other tenants occupying or to be occupying other portions of the Building), driveways and alleys adjacent to the Building. Landlord shall at all times have the right to promulgage such reasonable rules and regulations promulgated pursuant theretoas it deems advisable for the safety, “ADA”) (collectively, “Legal Requirements” care and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use cleanliness of the Premises and for the preservation of good order therein. Copies of all rules and regulations, changes, and amendments will be forwarded to Tenant. Tenant shall be responsible for the compliance with such rules and regulations by Tenant's agents, employees, and invitees. B. Tenant agrees that Tenant, its agents and contractors, licensees, or invitees shall not handle, use, manufacture, store or dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, petroleum products or derivatives or other similar substances (collectively "Hazardous Materials") on, under, or about the Premises, without Landlord's prior written consent in Landlord's sole discretion. Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation products are of a Legal Requirementtype customarily found in offices and households (such as aerosol cans containing insecticides, toner for copies, and the like);provided that Tenant shall handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises or the environment. Tenant further agrees that Tenant will not use or permit any substance to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall, regardless of its inherent hazardous characteristics, be considered a Hazardous Material for purposes of this Lease. C. If Landlord, in its sole discretion, believes that the Premises or the environment have become contaminated with Hazardous Materials, Landlord, in addition to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceits other rights under this Lease, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of may enter upon the Premises and obtain samples from the Premises, including without limitation the soil and groundwater under the Premises, for the purposes of analyzing the same to be used as a “place of public accommodation”, as defined in determine whether and to what extent the ADA Premises or any similar legal requirementthe environment have become so contaminated. Tenant shall reimburse Landlord promptly upon demand for the costs of any additional premium charged inspection, sampling and analysis that discloses contamination for which Tenant is liable. Tenant may not perform any such insurance policy by reason sampling, testing, or drilling to locate any Hazardous Materials on the Premises without Landlord's to locate any Hazardous Materials on the Premises without Landlord's prior written consent. Any of Tenant’s failure to comply 's insurance insuring against claims of the type dealt with in this Paragraph shall be considered primary coverage for claims against the provisions Premises arising out of or under this Paragraph. In the event of any transfer of Tenant's interest under this Lease or the termination of this Section Lease, by lapse of time or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterotherwise, Tenant shall be solely responsible for compliance with 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 then effective Laws concerning (i) 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 physical condition of the Premises; or (ii) the presence of Hazardous Materials in or on the Premises (such as the Illinois Responsible Property Transfer Act), including but not limited to any reporting or filing requirements imposed by such laws. Tenant's duty to pay rent shall continue until the obligations imposed by such laws are satisfied in full and any certificate of clearance or similar document has been delivered to Landlord. D. Without limiting the above, Tenant shall indemnifyreimburse, defend, indemnify and hold and save Landlord harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, arising out of or in any way connected with the use, manufacture, storage, or disposal of Hazardous Materials by Tenant, its agents or contractors on, under or about the Premises including, without limitation, the costs of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection herewith, whether voluntary or compelled by governmental authority. The indemnity obligations of Tenant under this clause shall survive any termination of the Lease, Tenant shall provide Landlord on a timely basis with (i) copies of all documents, reports, and *for two (2) months , commencing July 15, 1996, and then on a month to month term commencing September 16, 1996 and cancellable by either party upon 30 days prior written notice which notice must be given no later than the last day of the month preceeding the date of termination. communications with governmental authorities; and (ii) notice and an opportunity to attend all meetings with regulatory authorities. Tenant shall comply with all notice requirements and Landlord and Tenant agree to cooperate with governmental authorities seeking access to the Premises for purposes of sampling or inspection. No disturbance of Tenant's use of the Premises resulting from activities conducted pursuant to this Paragraph shall constitute and actual or constructive eviction of Tenant from the Premises. In the event that such Claimscleanup extends beyond the termination of the Lease, Tenant's obligation to pay rent shall continue until such cleanup is completed and any certificate of clearance or similar document has been delivered to Landlord. Rent during such holdover period shall be at market rent; if the parties are unable to agree upon the amount of such market rent, then the Landlord shall have the option of (a) increasing the rent for the period of such holdover based upon the increase in the Consumer Price Index for the third month preceding the Commencement Date to the third month preceding the start of the holdover period; or (b) having Landlord and Tenant each appoint a qualified MAI appraiser doing business in the area; in turn, these two independent MAI appraisers shall appoint a third MAI appraiser and the majority shall decide upon the fair market rental for Premises as of the expiration of the then current term. Landlord and Tenant shall equally share in the expense of this appraisal except that in the event the rent is found to be within fifteen percent (15%) of the original rate quoted by Landlord, then Tenant shall bear the full cost of all the appraisal process. In no event shall the rent be subject to determination or modification by any person, entity, court, or authority other than as set forth expressly herein, and in no event shall the rent for any holdover period be less that the rent due in the preceding period.

Appears in 1 contract

Samples: Lease Agreement (Globecomm Systems Inc)

Use. The Premises demised premises shall be used solely only for the Permitted Use set forth in purpose of (5) receiving, storing, shipping and selling (other than retail) for interest, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Under no circumstances shall the basic lease provisions on page 1 premises be used for gambling or the retail sale of this Leasealcoholic beverages, whether or not those uses may be lawful. Outside storage is prohibited without Landlord's prior written consent. Tenant shall at its own cost and in compliance expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premisespremises or use thereof, 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 (6). Without limiting the generality of the foregoing, and subject to paragraph 6, Tenant shall at its own cost and expense install and construct all physical improvements to the use premises, interior and occupancy thereofexterior, includingrequired by any Federal, without limitationState or local building code or other law or regulation enacted after the date on which this lease is executed by Tenant, or after said date determined retroactively to apply to the Americans With Disabilities Actpremises, 42 U.S.C. § 12101, et seq. (together with 7) made necessary by the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any nature of Tenant's use of the Premises premises. 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. Tenant shall not place a load upon the floor of the premises which exceeds the load per square foot which such floor was designed to carry and which is declared allowed by law. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementproduct, material or merchandise which is explosive or highly inflammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that which would void Tenant’s or Landlord’s insurance, increase render the insurance risk, thereon void or cause the disallowance insurance risk more hazardous. If at any time during the term of any sprinkler this lease the State Board of Insurance or other credits. insurance authority disallows any of Landlord's sprinkler credits or imposes an additional penalty or surcharge in Landlord's insurance premiums because of Tenant's original or subsequent placement or use of storage racks or binds, Tenant's method of storage, the nature of Tenant's inventory or any other act of Tenant, Tenant shall not permit any part agrees to pay, as additional rental, the increase (between fire walls) in Landlords insurance premiums, and, upon demand by Landlord, to correct at Tenant's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirementparticular insurance authority. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterAdditionally, Tenant shall not, without the prior written consent of Landlord, use the Premises in pay to 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. Subject to Landlord’s performance of its obligations other tenants in the Work Letterbuilding in which the premises are situated, upon demand, any increases in such other tenant's insurance premiums or charges caused by the acts of Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Lease Agreement (Park Electrochemical Corp)

Use. The Premises shall be used solely and occupied for general business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant represents and warrants to, and covenants with, Landlord that the Permitted Use set forth Premises shall not be used as a “public accommodation” as defined in the basic lease provisions on page 1 of Americans With Disabilities Act. As used in this Lease, and in compliance with the term “Laws” means all laws, orderscodes, judgments, ordinancesrules, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions directives of all governmental and quasi-governmental authorities with jurisdiction now in effect or which may hereafter applicable to the Premisescome into effect, and to the use and occupancy thereofwhether or not reflecting a change in policy from any previously existing policy, including, without limitation, laws, codes, rules, regulations and ordinances pertaining to industrial hygiene, Hazardous Materials, and the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated Act and local ordinances pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)including handicap access requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void At Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe sole cost and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letterexpense, Tenant shall not, without the prior written consent of Landlord, use comply with all Laws applicable or relating to: (1) 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to and/or Tenant’s use or occupancy of the Premises. Subject to Landlord; (2) the manner or conduct of Tenant’s performance business or the operation of its installations, equipment or other property; (3) any cause or condition created by or at the request of Tenant; or (4) the breach of any of Tenant’s obligations in under this Lease. Tenant’s obligations hereunder to comply with all Laws shall include the Work Letter, Tenant shall be responsible for obligation to make any and all demandsalterations and improvements to the Premises and other portions of the Building required in order to comply with Laws; provided, claimshowever, liabilities, losses, costs, expenses, actions, causes of action, damages that Tenant shall not be required to make structural alterations or judgments, and all reasonable expenses incurred in investigating capital improvements unless such compliance is triggered 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 necessitated by Tenant’s use of the Premises for other than general office use (or occupancy Tenant’s change in use of the Premises, regardless of the nature of use) or by any work performed or improvements constructed by or at the request of Tenant (and the cost of such work that is not required to be performed by Tenant shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). In addition to the foregoing obligations of Tenant, Tenant, at its sole cost and expense, shall cooperate with Landlord if Landlord elects to pursue LEED Gold status for the Building, and Tenant shall indemnifymake such improvement to the Premises, defendand otherwise conduct its operations in the Premises, hold so as to allow Landlord to obtain LEED Gold status for the Building. Tenant shall give Landlord prompt written notice of any notice that Tenant receives of any violation of any Law relating to the Premises, the Building or the Property, or Tenant’s use thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be used for (a) educational activities, schools or other training facilities which are not ancillary to Tenant’s corporate, executive or professional office use, (b) practice of medicine or any of the healing arts, (c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (i) reservation center operations or uses. Tenant shall not, without the prior consent of Landlord: (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and save Landlord harmless from and against air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any and all such Claimspart thereof; (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 rated connected load capacity of the 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.

Appears in 1 contract

Samples: Sublease (Gymboree Corp)

Use. A. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and in compliance for such other lawful purposes as may be incidental thereto (the "Permitted Use"). Tenant acknowledges that it does not intend to use the Premises to serve the public. Outside storage is prohibited without Landlord's prior written consent. Tenant shall comply with the requirements of all deed restrictions, restrictive covenants and other covenants, conditions and restrictions affecting the Building and/or the Land. Landlord agrees it will not cause or, to the extent within Landlord's reasonable control, permit, any matter to be filed of record subsequent to the date hereof which would interfere with the Permitted Use, or otherwise materially change Tenant's obligations hereunder. Tenant shall use commercially reasonable efforts to not permit any persistent, objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action that would constitute a nuisance or would unreasonably interfere with, or endanger Landlord or any other tenants of the Building. B. During the Term, Landlord shall, at its sole cost and expense (and not subject to reimbursement by Tenant), comply with all laws, orders, judgmentsstatutes, ordinances, orders, rules regulations, codesdirectives and requirements of, directives, permits, and the provisions of all licenses, covenants permits (special or otherwise), approvals and restrictions certificates issued by, all federal, state, county and city governments, departments, bureaus, boards, agencies, offices, commissions and other subdivisions thereof, or of any official thereof, or of any other governmental, public or quasi-public authority, whether now or hereafter applicable to the Premises, and to the use and occupancy thereof, in force (including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. Act (together with the regulations promulgated pursuant thereto, “"ADA")) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.collectively Initial: L_____ T_____

Appears in 1 contract

Samples: Lease Agreement (D & K Healthcare Resources Inc)

Use. (a) The Premises shall be used only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant, for a data center and for such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall not use the Premises to receive, store or handle any 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 Permitted Use set forth in the basic lease provisions on page 1 of this Leaseuse, occupancy, and condition of the Premises; provided, however, that Landlord shall deliver the Premises to Tenant in a condition which is in compliance with all lawsLaws. Tenant shall not permit any objectionable or unpleasant odors, orderssmoke, judgmentsdust, ordinancesgas, regulationslight, codes, directives, permits, licenses, covenants and restrictions now noise or hereafter applicable vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, and to the use and occupancy thereofunreasonably interfere with, 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, upon 5 days’ written notice from Landlord, discontinue or endanger Landlord or any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or other person; nor permit the Premises to be used for any purpose or in any manner that would (1) void Tenant’s or Landlord’s insurancethe insurance theron, (2) increase the insurance risk, or (3) cause the disallowance of any sprinkler or other credits. Tenant shall not permit pay to Landlord on demand any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”incurred by Landlord, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise which is caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or because Tenant vacates the Project that are required by Legal Requirements Premises. (includingb) Tenant and its employees and invitees shall have the non-exclusive right to use, without limitationin common with others, compliance any parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Landlord agrees to provide at least one (1) parking space for every two hundred eight-five (285) square feet of space leased within the building for the common use of all of the Premises with tenants of the ADABuilding. (c) related Landlord shall have the right to Tenant’s use or establish and amend from time to time, rules and regulations governing all tenants' uses and occupancy of the Premises. Subject to Landlord’s performance of its obligations Building (provided the same are reasonable, non-discriminatory and uniformly enforced), and provided further that in the Work Letterevent of a conflict between those rules and this Lease, Tenant the Lease 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 such Claimscontrol.

Appears in 1 contract

Samples: Lease Agreement (Ixc Communications Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Techdyne Inc)

Use. (a) The Premises shall be used solely only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and related general office use and for such other lawful purposes as may be incidental thereto (the "Permitted Use Use"); 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 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. Except as otherwise set forth in Section 14, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. (b) Tenant, at its sole expense, shall use and occupy the basic lease provisions on page 1 of this Lease, and 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue 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 which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, other than the obligation to pay Rent. (c) Tenant shall have access to the Premises from and after the execution by both parties of this Lease, at Tenant's sole risk and expense, for the purpose of planning, design and implementation of the Tenant's data and telecommunication infrastructure and office space modifications (subject to Landlord's prior approval, which shall not be unreasonably withheld, conditioned or delayed), upon reasonable advance notice to Landlord and provided that are required Tenant furnishes Landlord with a certificate of insurance evidencing Tenant's commercial general liability insurance coverage prior to entry upon the Property. (d) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Legal Requirements (Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project including, without limitation, compliance common access from public streets, common driveways and the parking areas shown on the Parking Plan attached as an exhibit hereto, subject to such reasonable rules and regulations as Landlord may promulgate from time to time which Landlord agrees to enforce against tenants of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations Project in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsa non-discriminatory manner.

Appears in 1 contract

Samples: Lease Agreement (Haights Cross Communications Inc)

Use. The Premises shall be used only for warehouse, industrial and electronics testing and related legal uses necessary or incidental thereto and any other permitted or legal use available to the Tenant. Tenant represents and warrants that it has obtained (or will obtain) all required business licenses from the City of Mountain View and other agencies having jurisdiction over the Premises for Tenant’s permitted use of the Premises. Tenant is solely responsible for ensuring that its use of the Permitted Use set forth Premises conforms with all applicable land use and zoning requirements. 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 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. Tenant shall not be permitted to have outside storage in the basic lease provisions on page 1 of this Leaseparking areas. 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, 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”) Premises (collectively, the “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. In the event that Landlord receives written notice from a governmental authority that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the date of this Lease without cost or expense to Tenant. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date of this Lease and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue 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 which is declared by (but not research, development or office use in general) and in connection with any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant-Made Alterations or Tenant requests for governmental permits or approvals. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits or other credits. Tenant shall not permit any part the disallowance of the Premises to be used as a “place of public accommodation”, as defined existing roof warranty. If any increase in the ADA or cost of any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with on the provisions of this Section or otherwise Premises is caused by Tenant’s specific use and/or occupancy or occupation of the Premises. Premises (but not warehouse, research, development or office use in general) or Tenant-Made Alterations, or because Tenant will use vacates the Premises in a careful, safe and proper manner and will not commit or permit waste, overload prior to the floor or structure end of the PremisesLease Term, subject then Tenant shall pay the Premises amount of such increase to Landlord. Notwithstanding anything contained herein to the contrary, Tenant has agreed to (1) use commercially reasonable efforts to obtain a permit for the Electrical Work described on Exhibit D and (2) submit its request for a permit for the Electrical Work to the City of Mountain View no later than five (5) days after execution of the Lease by Tenant. If the Tenant is unable to obtain the permit for the Electrical Work despite its commercially reasonable efforts within ninety (90) days after Tenant executes the Lease (the “Permit Contingency Period”), then Tenant may terminate this Lease upon (a) written notice to Landlord received prior to the expiration of the Permit Contingency Period and (b) payment of a termination fee (the “Termination Fee”) of $25,000 to reimburse Landord for its costs and expenses related to the design, planning, negotiation and documentation of the Lease transaction and all lease termination expenses. Upon such termination, Landlord shall be entitled to retain any Gross Rent paid by Tenant prior to the date of such termination and to retain the Termination Fee. Landlord and Tenant agree that would damage the Premises or obstruct or interfere Termination Fee, and any Gross Rent paid by Tenant prior to termination, constitute a fair and reasonable approximation of the costs and expenses incurred by Landlord in connection with the rights of Landlord or other tenants or occupants Lease transaction and the termination of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purposeLease. Tenant shall cause any equipment or machinery to be installed in provide Landlord with weekly updates on the Premises so as to reasonably prevent sounds or vibrations status of the permit for the Electrical Work and, upon receipt of the permit from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work LetterCity, 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 promptly provide Landlord with a copy of the Project as proportionately allocated same and waive in writing its right to terminate under this Paragraph 3. If Tenant receives the Premises based upon Tenant’s Share as usually furnished permit for the Permitted Use. Subject Electrical Work during the Permit Contingency Period, or fails to Landlord’s performance send a notice of its obligations in termination under this Paragraph 3 before the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior expiration of the Premises or the Project that are required by Legal Requirements (includingPermit Contingency Period, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations then this Lease shall continue in the Work Letter, Tenant shall be responsible for any full force 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 Premiseseffect, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against no longer have any and all such Claimsright under this Paragraph 3 to terminate this Lease.

Appears in 1 contract

Samples: Lease Agreement (Atlas Crest Investment Corp.)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, 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 9 West Waxxxxx Xill Road/BioVeris Corporation - Page 7 the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement, provided that Tenant shall have the right at its sole cost and expense to contest any such declaration, and such non-compliance shall not be deemed a breach of this Lease during such contest provided such contest shall be diligently prosecuted with continuity and provided that (a) such noncompliance shall not (i) constitute a crime or an offense punishable by imprisonment of Landlord, (ii) will not endanger the Premises, (iii) will not subject Landlord to any civil or criminal fine or other financial penalty or forfeiture, and (iv) will not increase the insurance premiums for the Project, (b) Tenant furnishes to Landlord security, reasonably satisfactory to Landlord, against any loss or injury by reason of any such contest, and (c) Tenant keeps Landlord apprised from time to time on the status of such contest. Landlord will not be required to join any proceedings pursuant to this Section unless the provision of any applicable Legal Requirement at the time in effect requires that the proceedings be brought by or in the name of Landlord, or both. In that event Landlord shall join the proceedings or permit them to be brought in its name if Tenant pays all related expenses. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly within 30 days upon written demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises, provided such additional premium costs are substantiated by a reasonably detailed letter from Landlord’s insurance carrier or the applicable Insurance Rating Bureau. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance the provisions of its obligations Section 5(b), Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the Work Letterarea in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. 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 ). Notwithstanding any other provision herein to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related the failure of Tenant to cause the Premises or Tenant’s use or occupancy of the PremisesPremises to comply with the Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises or Tenant’s use of the Premises to comply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Bioveris 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”) applicable to the Premises and Xxxxxx’s use of the Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by TenantXxxxxx’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject The terms of this Lease shall be subject in all respects to Landlord’s performance the provisions of that certain Amendment in its obligations Entirety and Restatement of Covenants, Conditions and Restrictions of Xxxx Xxxx/Mesa Industrial Park, dated April 21, 1981, recorded with the County Recorder of San Diego, State of California, as Instrument No. 81-178070 (re-recorded as Instrument No. 81-391102) (as supplemented and amended from time to time, the “Declaration”), the applicable Articles of Incorporation, Bylaws, and the Architectural Standards/Association Rules (as such terms are defined in the Work LetterDeclaration), and any applicable agreements between the Xxxx Xxxx/Mesa Industrial Park Association and the City of San Diego, and any and all amendments from time to time of any of the foregoing. Landlord shall be responsible, at Xxxxxxxx’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior 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 PremisesPremises or Tenant’s Alterations. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the PremisesPremises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy 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 Claimsinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth in stated on the basic lease provisions on page 1 Data Sheet 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 Tenant’s Use prior to the Commencement Date. Further, Tenant shall be responsible for ensuring that the Use is an allowable use under the zoning code of the City of Plymouth, as the same may be amended from time to time, it being understood and agreed that the fact that the Use is not allowed shall not excuse Tenant’s full payment and performance under this Lease, and in compliance . Landlord makes no representations or warranties of any kind or nature that the Use is a permitted use under the zoning code of the City of Plymouth or any other governmental entity or agency with jurisdiction over the Building. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Use of the Premises, and to shall promptly comply with all governmental orders and directives for the use correction, prevention and occupancy thereofabatement of nuisance in or upon, including, without limitationor connected with, the Americans With Disabilities ActPremises, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all at Tenant’s sole expense. Tenant shallshall not receive, upon 5 days’ written notice from Landlord, discontinue any use of store or otherwise handle on the Premises which any product, material or merchandise that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementexplosive or highly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) that would void Tenant’s or Landlord’s insurance, increase render the insurance risk, on the Building or the property on which the Phase is located (“Property”) void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse fire and extended coverage insurance premiums paid by Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Building is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and then Tenant shall indemnifypay to Landlord the amount of such increase, defendwithin ten (10) days after written demand therefor, hold and save Landlord harmless from and against any and all such Claimsas Additional Rent.

Appears in 1 contract

Samples: Lease Agreement

Use. The Premises shall be occupied and used solely only by the Tenant for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, assembly, manufacturing, (light and in compliance with all lawsheavy) shipping and selling (but limited to wholesale sales) products, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants materials and restrictions now or hereafter applicable to the Premises, merchandise made and/or distributed by Tenant 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose other lawful purposes as may be incidental thereto Tenant may not conduct or in give notice of any manner that would void Tenant’s or Landlord’s insuranceauction, increase the insurance riskliquidation, or cause the disallowance going out of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, Premises or subject the Premises to any use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in use and occupy the Premises so as in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, environmental regulations, licenses, covenants and restrictions now or hereafter applicable to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas(collectively, "Legal Requirements"). The Premises may not be used as a place of public accommodation under the Americans With Disabilities Act or other space in the Project. Tenant shall not place similar state statutes or local ordinances or any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except regulations promulgated thereunder, all as may be provided under the Work Letter, amended from time to time. 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenantshall, at its sole expense, shall make any alterations or modifications to the interior or the exterior of modifications, within 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 's use or occupancy occupation of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy Any occupation of the PremisesPremises by Tenant prior to the Commencement Date will be subject to all obligations of Tenant under this Lease, and Tenant except that occupation before the Commencement Date solely to install equipment, furniture, fixtures or Trade Fixtures (as defined below) shall indemnify, defend, hold and save Landlord harmless from and against not require the payment of any and all such ClaimsRent.

Appears in 1 contract

Samples: Triple Net Lease (CUI Global, Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of: (i) receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; and (ii) technical research, development and light manufacturing of products for the semi-conductor industry, including but not limited to, chemical vapor deposition systems used in the basic lease provisions on page 1 fabrication of integrated circuits but the use provided for in this subparagraph (ii) shall be in complete conformance with every provision of this LeaseLease and be limited to the extent permitted by applicable Legal Requirements (defined below). 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises, provided that Tenant shall not be required to make any structural alterations to the Premises to comply with laws unless such compliance is required because of Tenant's specific use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Data shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Novellus Systems Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project 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, defend, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Celerity Group Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of executive offices and pharmaceutical research and for such other lawful purpose as may be incidental thereto. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premise. Tenant shall not in it’s reasonable control permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Landlord warrants it has received no notice from any government authority that the Premises are not in compliance with the Americans With Disabilities Act and Landlord shall maintain the exterior of the Premises in compliance with the ADA. Tenant, at its sole expense, shall use and Occupy the interior of 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject or because Tenant vacates the Premises prior to use that would damage the Premises or obstruct or interfere with the rights expiration of Landlord or other tenants or occupants of the Projectits Lease, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Oxford Ventures Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, material and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste thereon, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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, 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”) Premises (collectively, "Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Subject to the immediately preceding sentence, but notwithstanding any other provision hereof to the contrary, Landlord and not Tenant shall be responsible for complying with Legal Requirements (including performing alterations or modifications necessary to make the Premises comply with applicable Legal Requirements) to the extent such compliance (i) relates to structural components of the Building and the Project or to the exterior of the Building, or (ii) is mandated generally for commercial and industrial properties in the City of Hayward and is not the result of Tenant's particular use of the Premises which Premises. The cost of any capital expenditures incurred by Landlord to comply with applicable Legal Requirements (including the cost of any required additions, alterations or modifications) under the immediately preceding sentence shall be amortized as provided in Paragraph 6 below. Tenant shall pay its Proportionate Share of such amortized costs over the remaining term of the Lease as provided in Paragraph 6 below. Tenant shall not be responsible for any costs attributable to maintaining compliance with Legal Requirements to the extent such compliance is declared necessitated by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation the particular use of a Legal Requirementlessees of the Project other than Tenant. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (includingTenant's use or occupation of the Promises, without limitationor because Tenant vacates the Premises, compliance then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises with by Tenant prior to the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sterigenics International Inc)

Use. The Premises Except as set forth below, each of the Properties shall be used solely for the operation of a Permitted Use Concept and for no other purpose. Lessee shall occupy the Properties commencing on the Effective Date and, except as set forth below and except during periods when any of the Properties is untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while any of the Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and diligently operate its business on each of the Properties. Lessee may cease diligent operation of business at any of the Properties for a period not to exceed 90 days and may do so only once with respect to each Property within any five-year period during the Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in the basic lease provisions on page 1 of this LeaseSection, and in compliance with (iv) pay all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or hereafter applicable other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the Premisescontrary, and Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the use and occupancy thereofLease Term without Lessor's consent, includingwhich consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without limitationbeing deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with proposed rental to be paid to Lessor is reasonable considering the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any converted use of the Premises which is declared by any Governmental Authority Properties and the customary rental prevailing in the community for such use, (as defined in Section 9iii) having jurisdiction to whether the converted use will be a violation of a Legal Requirement. Tenant will not consistent with the highest and best use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”Properties, as defined in and (iv) whether the ADA converted use will increase Lessor's risks or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with decrease the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy value of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsProperties.

Appears in 1 contract

Samples: Master Lease (Alexanders J Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of executive offices and pharmaceutical research and medical device research and manufacturing and for such other lawful purposes as may be incidental thereto. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premise. Tenant shall not it's reasonable control permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles is prohibited without Landlord's prior written consent. Landlord warrants it has received no notice from any government authority that the Premises are not in compliance with the Americans With Disabilities Act and Landlord shall maintain the exterior of the Premises in compliance with the ADA. Tenant, at its sole expense, shall use and Occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, environmental laws regulating the handling, use and storage of hazardous materials, 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”) Premises (collectively, "Legal Requirements” and each"). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s insurance, 's insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises prior to the expiration of its Lease, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (ULURU Inc.)

Use. The Premises shall be used solely 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 Permitted Use set forth in correction, prevention and abatement of any nuisance in, upon, or connected with, the basic lease provisions on page 1 of this LeasePremises, and in compliance all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with all any governmental laws, orders, judgments, ordinances, regulations, codesorders, directives, permits, licenses, covenants and restrictions now or hereafter applicable directives requiring physical alterations 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. Building or Premises (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, unless such alterations are required as a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any consequence of Tenant's specific use of the Premises or Building, in which is declared by event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any Governmental Authority (as defined in Section 9) having jurisdiction objectionable odors, smoke, dust, gas, noise, or vibrations to be emanate from the Premises, nor take any other action that may constitute a violation nuisance or may disturb or endanger any other tenants of a Legal Requirementthe Building or neighboring buildings, or unreasonably interfere with any other tenant's use of its premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurancemanner, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance the storage or parking of automobiles or trailers, nor any method of storage that would render the Premises with insurance on the ADA) related to Tenant’s use Building or occupancy of the PremisesProperty void or the insured risks more hazardous. Subject to Landlord’s performance of its obligations If any increase in the Work Letter, Tenant shall be responsible fire and extended coverage insurance premiums paid by Landlord for any the Property is caused by Tenant's use 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 then Tenant shall indemnify, defend, hold and save pay to Landlord harmless from and against any and all as additional rent the amount of such Claimsincrease.

Appears in 1 contract

Samples: Lease (Antares Pharma Inc)

Use. The (a) Tenant shall use the Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance purposes consistent with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to Tenant's current operations at the Premises, general warehouse, office, light assembling and manufacturing purposes and in accordance with all Applicable Laws, and with all Licenses (as hereinafter defined), and for no other use without the prior written consent of Landlord (which consent may be withheld in Landlord's sole, but reasonable, discretion). Tenant shall operate its business in an efficient and reputable manner and Tenant shall not at any time discontinue business operations from the Premises (except for legal holidays and periods of renovation and repair) for more than ten (10) consecutive business days, but shall in good faith continuously throughout the term of this Lease conduct and carry on from Premises the type of business for which the Premises are leased to Tenant. (b) In no event shall the use of the Premises, now or in the future, nor the design and occupancy thereof, construction (or any future alterations) of the Improvements be such to violate any Applicable Laws (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”Access Laws). Tenant shall, upon 5 days’ written notice from Landlordat its sole cost and expense, discontinue any use comply with (and be responsible for compliance with) all legal requirements and all Applicable Laws (including, without limitation, the Access Laws) at all times during the term of the Premises which is declared by any Governmental Authority this Lease. (as defined in Section 9c) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part objectionable noises or odors to emanate from the Building; nor place or permit any radio, television, loudspeaker or amplifier on the roof or outside the Building or where the same can be seen or heard from outside the Building; nor place any antenna, equipment, awning or other projection on the exterior of the Premises Building; nor use the areas outside the Building for conducting any advertising or marketing program, or for the sale or distribution of goods; nor take any other action which would constitute a nuisance or would endanger other or unreasonably interfere with others; nor permit any unlawful or immoral practice to be used as a “place of public accommodation”, as defined in the ADA carried on or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of committed on the Premises. . (d) Tenant will use shall, at its sole cost and expense, maintain the Premises in a carefulneat, safe attractive condition at all times during the term of this Lease. (e) Tenant shall procure, at its sole cost and proper manner expense, any and will not commit all permits and licenses necessary, required or permit waste, overload desirable for the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out transaction of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from (collectively, the Premises from extending into Common Areas"Licenses") and shall otherwise comply with all Applicable Laws (including, or other space in without limitation, the ProjectAccess Laws). Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use which consent may be withheld by Landlord in its sole and absolute discretion, (1) assign or transfer the Premises in Licenses or any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity interest therein; (2) permit any assignment of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance Licenses or any interest therein by operation of its obligations in the Work Letterlaw; (3) grant any license, Tenantconcession, 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 ADAother right(s) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related the Licenses to Tenant’s a third party; (5) mortgage, pledge, or otherwise encumber its interest in the Licenses; or (6) permit the use or occupancy of the Premises, Licenses by any parties other than Tenant and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsits employees.

Appears in 1 contract

Samples: Contract of Sale (Ultrak Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of marketing and testing of electronic equipment, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s 's use or occupancy of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Network Peripherals Inc)

Use. The a. Subject to Tenant's compliance with all zoning ordinances and Legal Requirements, the Premises shall be used solely only for the Permitted Use set forth and for no other use. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sales on the Premises. 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, fumes, smoke, dust, gas, noise, or vibrations to emanate from the Premises in violation of applicable Legal Requirements, or take any other action that would constitute a nuisance or would unreasonably disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage (except in the basic lease provisions on page 1 Outside Yard Area, defined below), including without limitation, storage of this Leasetrucks, and in compliance vehicles or any of Tenant's personal property, products or merchandise, is strictly prohibited without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant shall not bring upon the Premises or any portion of the Building or Project or use the Premises or permit the Premises or any portion thereof to be used for the growing, manufacturing, administration, distribution (including without limitation, any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, or any other illicit drug under either State of California or United States law, regardless of the legality or illegality of the same. b. Subject to Landlord's Construction Warranty, Tenant, at its sole expense, shall comply with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, conditions and restrictions and all other matters of record now or hereafter applicable to the PremisesPremises (collectively, "Legal Requirements"). Further, Tenant shall, at its sole cost and to expense, timely and fully comply with all obligations imposed upon “operators” under the use and occupancy thereofWarehouse Indirect Source Rule (“Warehouse ISR”) implemented by the Bay Area Air Quality Management District (“BAAQMD”), including, without limitation, warehouse points compliance obligations, reporting, notification and recordkeeping requirements, and payment of mitigations fees, as applicable. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications to the Premises or the Building, that are required by Legal Requirements related to Tenant's particular and unique use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction opposed to be a violation of a Legal Requirementgeneral office/industrial/warehouse/manufacturing). Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Subject to the provisions of Paragraph 1(b) above, defend, hold and save Landlord harmless from and against any and entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bloom Energy Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant, general office, lab, research and development, manufacturing and for such other lawful purposes as may be incidental thereto. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue 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 which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Supernova Partners Acquisition Co II, Ltd.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord represents that the improvements constructed or installed by Landlord shall comply in all material respects with all applicable covenants or restrictions of record and all applicable laws, building codes, appropriate building and land permits, regulations and ordinances in effect on the Commencement Date of this Lease. Notwithstanding anything contained herein to the contrary, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by Legal Requirements (including, without limitation, compliance applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises with the ADA) related shall be chargeable to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Lease Agreement (Streamline Com Inc)

Use. A. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance. In addition, Tenant agrees not to use or permit the use of the Premises for any purpose which would increase the cost of insurance coverage with respect to the Building, unless Tenant agrees to pay such increase in insurance costs and such use is not (i) otherwise prohibited by the Lease, or (ii) dangerous to persons or property. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. Act (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”collectively referred to as "Laws"). Tenant shallTenant, upon 5 days’ written notice from Landlordwithin ten (10) days after receipt thereof, discontinue shall provide Landlord with copies of any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction notices it receives with respect to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance alleged violation of any sprinkler or other creditsLaws. Tenant shall not permit have the right, upon giving prior written notice thereof to Landlord, to contest, at its expense, any part such laws and requirements with which Tenant must comply under this Article V, and, to the extent permitted by such law or other requirement, to defer compliance during the pendency of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA or any similar legal requirement. provided that (a) Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any diligently prosecute such insurance policy by reason of contest; (b) Tenant’s 's failure to comply with such law or requirement will not subject Landlord to any prosecution or criminal penalty, or foreclosure of a mortgage covering the provisions of this Section Building; and (c) Tenant shall defend and indemnify and hold harmless Landlord against all liability for any damages resulting from or otherwise caused by Tenant’s use and/or occupancy of the Premisesincurred in connection with such contest or compliance. Tenant will use comply with the rules and regulations of the Building attached hereto as Exhibit B and such other reasonable rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. B. Nothing herein shall require Tenant to perform any alterations, additions or improvements to comply with laws or requirements of public authorities under any of the following circumstances (i) such laws or requirements are applicable, generally, to other office space in the Building and are not applicable to the Premises in a careful, safe and proper manner and will not commit solely by reason of the Tenant's unique or permit waste, overload the floor or structure particular use of the Premises, provided that subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADAii) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterand (iii) below, Tenant shall be responsible for any changes with respect to the Initial Alterations and subsequent alterations, additions and improvements performed by Tenant and Landlord shall be responsible for changes to those elements of the Premises that are in place on the date possession is delivered to Tenant and are not modified by Tenant as part of the Initial Alterations, (ii) such laws or requirements would require the installation or upgrading of new or additional mechanical, electrical, plumbing, HVAC or fire/life safety systems on a Building-wide basis without reference to the particular use of Tenant or any other tenant, or (iii) such laws or requirements would affect the Building's structural components, foundation, roof, exterior windows or exterior walls. Landlord will, at Landlord's expense, perform all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages acts required to comply with such laws or judgments, and all reasonable expenses incurred in investigating or resisting requirements as the same (includingaffect the Premises and the Building. Landlord shall have the right to contest any such laws and requirements with which Landlord must comply under this Article V, without limitationand, reasonable attorneys’ feesto the extent permitted by such law or other requirement, 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 defer compliance during the pendency of the Premisescontest, provided that (a) Landlord shall diligently prosecute such contest; and (b) Landlord's failure to comply with such law or requirement will not subject Tenant shall indemnify, defend, hold and save Landlord harmless from and against to any and all such Claimsprosecution or criminal penalty or unsafe or unhealthful condition.

Appears in 1 contract

Samples: Office Lease (Trenwick Group Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasereceiving, storing, shipping and selling (but limited to wholesale sales, employee discount sales, sales made by direct shipment to Tenant's consumers, and limited showroom sales) products, materials and merchandise made and/or distributed by Tenant, light manufacturing, and for such other lawful purposes as may be incidental thereto. 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 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. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent, which shall not be unreasonably withheld; provided, however Landlord hereby consents to the outside storage of Tenant's trucks and tractor-trailers used in Tenant's normal business operations, not to exceed 5 days and so long as such trucks and tractor-trailers do not interfere with the ingress and egress of the Project. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any non-structural alterations or modifications, within or without the Premises, that are required by Legal Requirements because of Tenant's particular use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, defendTenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project 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, hold except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease. Notwithstanding anything contained herein to the contrary, Tenant may store its pallets in certain designated storage areas as mutually agreed to by Landlord and save Landlord harmless from and against any and all such ClaimsTenant.

Appears in 1 contract

Samples: Lease Agreement (Select Comfort Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of an equipment repair shop, a lab in which prescription lenses will be ground and other inventory will be finished, as well as for the basic lease provisions purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Eye Care Centers of America Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, 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”) thereof (collectively, “Legal Requirements” and each, a “Legal Requirement”"LEGAL REQUIREMENTS"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s 's failure to comply with the provisions of this Section or otherwise caused by Tenant’s 's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises CONFIDENTIAL - DO NOT COPY 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 1,000 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. 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 's Share as usually furnished for the Permitted Use. Subject to Landlord’s performance Landlord shall be responsible for the compliance of its obligations in the Work LetterCommon Areas of the Project with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the 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 's use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, “Claims”"CLAIMS") arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement (including, without limitation, compliance of the Premises with ADA).

Appears in 1 contract

Samples: Lease Agreement (Acusphere Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, manufacturing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise manufactured and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be used subject to all obligations of Tenant under this Lease. Landlord agrees that it will include in all leases for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds Building, a covenant prohibiting the Building’s tenants from emitting unpleasant odors, smoke, dust, gas or vibrations from its premises such as to effect in a materially adverse way, the Premises from extending into Common Areas, or other space in operations of Tenant hereunder. In the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon event that a Building 13 tenant violates 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 Letterafore-said covenant, Tenant shall not, without give written notice of such violation to Landlord and Landlord shall have a commercially reasonable time following its receipt of such notice to cause the prior written consent of Landlord, use offending tenant to cease such actions. In the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond event that Landlord fails to cure the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterviolation within a commercially reasonable time, Tenant shall be responsible entitled to request that Landlord assign to Tenant all of its rights and remedies against the offending tenant under the lease between Landlord and the offending tenant and Landlord shall assign same within three (3) business days of receiving a request for any and all demandssame. Thereafter, claimsTenant shall be entitled to prosecute an action against the offending tenant in Landlord’s or Tenant’s name, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitationbut not limited to, reasonable attorneys’ fees, charges seeking and disbursements and costs of suit) (collectively, “Claims”) arising out of obtaining a temporary or in connection permanent injunction enjoining the offending tenant from continuing with Legal Requirements related to Tenant’s use or occupancy of the Premises, and prohibited actions. Tenant shall indemnify, defend, hold advise Landlord of any such prosecution actions and save allow Landlord harmless from and against any and all to reasonably participate in such Claimsactions.

Appears in 1 contract

Samples: Lease Agreement (Superconductor Technologies Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement

Use. The (a) Sublessee will use the Demised Premises shall be used solely for general office and warehouse use which shall include management, assembly, and product personalization (e.g. monogramming, embroidery, etc.) services. Sublessee will not cause or permit any waste or damage to the Permitted Use Demised Premises, the Building or the Land and will not occupy or use the Demised Premises for any business or purpose which is unlawful, hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the business operations of other tenants or occupants in the remainder of the Building ("Adjacent Premises"). If the nature of Sublessee's use or occupancy of the Demised Premises causes any increase in Sublessor's insurance premiums over and above those chargeable for the least hazardous type of occupancy legally permitted in the Demised Premises, then Sublessee will pay the resulting increase within ten days after its receipt of a statement from Sublessor setting forth the amount thereof. Sublessee will comply with Master Lessor's Rules and Regulations for Creekside as set forth in the basic lease Master Lease and attached hereto as EXHIBIT C (and any reasonable modifications thereto which are consistent with the provisions on page 1 of this LeaseSublease). (b) Sublessee shall, and in compliance at its sole expense, comply with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants laws and restrictions other governmental requirements which are now or hereafter applicable in force pertaining to the Premises, Demised Premises and to the Sublessee's use and occupancy thereof, including, without limitation, the Americans With with Disabilities Act, 42 U.S.C. § 12101the Comprehensive Environmental Response, et seq. Compensation and Liability Act, the Clean Air Act, the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act and the Water Pollution Control Act (together with collectively herein called the regulations promulgated pursuant thereto, “ADA”) (collectively, “"Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use To the extent the Legal Requirements require modifications of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to Entire Premises, the cost thereof shall be a violation of a Legal Requirement. Tenant will not use or permit shared pro rata based on the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part then square footage of the Adjacent Premises to be used as a “place of public accommodation”, as defined in and the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Subleased Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Sublease Agreement (Redenvelope Inc)

Use. The Premises and Tenant’s Outside Areas shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, Uses 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or no other creditspurposes whatsoever. Tenant shall not do or permit any part of the Premises party under its control to be used as a “place of public accommodation”, as defined do in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage about the Premises or Tenant’s Outside Area anything which is prohibited by law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted or which will in any way obstruct or interfere with the rights of Landlord or other tenants in the Building. Tenant will not allow any signs, cards or occupants placards to be posted, or placed within the Premises such that they are visible outside of the Project, including conducting Premises except as specifically provided for in this Lease. Tenant shall not conduct or giving give notice of any auction, liquidation, or going out of business sale on in the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenantshall, at its sole cost and expense, shall make upon written notice from Landlord, immediately discontinue any alterations or modifications to the interior or the exterior use of the Premises or the Project that are required Tenant’s Outside Areas which is declared by Legal Requirements (including, without limitation, compliance any governmental authority having jurisdiction to be a violation of law or of the Premises certificate of occupancy. Tenant shall promptly comply, at its sole cost and expense, with the ADA) related to all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s use 's Permitted Uses or occupancy of the PremisesPremises or use of the Tenant’s Outside Area, impose any duty upon Tenant or Landlord with respect to Tenant's Permitted Uses or occupation. Subject Notwithstanding anything to Landlord’s performance of its obligations in the Work Lettercontrary herein, Tenant shall be responsible for not have any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsobligation with respect to, and Landlord, at Landlord's sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all reasonable expenses incurred in investigating or resisting such laws, including the Americans With Disabilities Act of 1990, as amended ("ADA"), unless such compliance is necessitated solely due to Tenant’s particular use of the Premises, upon which Tenant, at Tenant’s sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all such laws. In no event shall Tenant be required to bring any portion of the Property outside of the Premises into compliance with laws unless the same is required by the alterations described on Tenant’s Development Permit or the Tenant Improvements (includingas opposed to the mere installation of alterations, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suitgenerally) (collectively, a ClaimsTenant Code Compliance Obligation) arising out ). For clarity, if the Property is in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of the undertaking of Tenant Improvements will be a Tenant Code Compliance Obligation, and if the Property is not in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of such non-compliance will be a Landlord obligation. The judgment of any court of competent jurisdiction or the admission by Tenant in connection with Legal Requirements related to any action or proceeding against Tenant’s , whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Property shall be conclusive of that fact as between Landlord and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsTenant.

Appears in 1 contract

Samples: Lease Agreement (Amprius Technologies, Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale and retail mail-order sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, including limited customer pick-up of mail-ordered products; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions 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 1-800-Contacts Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Notwithstanding the foregoing, Tenant shall have the right to park trucks and trailers (provided the same are in operable condition) overnight at the truck loading docks and on page 1 the truck parking areas of the Project, and to place a compressor outside the Premises at the location noted on Exhibit A. This provision also shall supersede the terms of Paragraph 7 of the Rules and Regulations attached to this Lease, to the extent of any conflict with such rule. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents that the improvements constructed or installed by Landlord pursuant theretoto 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, “ADA”) (collectivelybuilding codes, “Legal Requirements” regulations and each, a “Legal Requirement”)ordinances in effect on the Commencement Date of this Lease. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, defend, hold except Tenant shall not be obligated to pay Base Rent and save Landlord harmless from estimated Operating Expenses during the early access period for set-up and against any and all such Claimsfixturization of the Premises.

Appears in 1 contract

Samples: Lease Agreement (1 800 Contacts Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasegeneral office administration, research and development, light manufacturing, storage, receiving, storing, shipping and selling (but specifically excluding retail selling) products, and for such other lawful purposes incidental thereto. Tenant shall not conduct any auction, liquidation, or similar activities at the Premises, and will use the Premises, Building, and Project in a safe 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 outside storage, nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Tenant shall use the Premises in compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101similar state statutes, et seqlocal ordinances, or any related regulations, as may be amended from time to time. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)The Premises shall not be used for residential purposes. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance as a result of the Premises with the ADA) related to Tenant’s 's use or occupancy occupation of the Premises. Except as otherwise expressly provided herein, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Subject to Landlord’s performance of its obligations in Legal Requirements (as hereinafter defined) during the Work LetterLease Term, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related entitled to Tenant’s use or occupancy access of the PremisesPremises 24 hours per day, and Tenant shall indemnifyseven days per week, defend, hold and save Landlord harmless from and against any and all such Claims365 days per year.

Appears in 1 contract

Samples: Lease Agreement (Venus Concept Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demandsobligations of Tenant under this Lease (other than Base Rent, claimswhich, liabilitiesin accordance with Addendum 1 hereto, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting shall not be owed by Tenant until 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 fourth month after the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsCommencement Date).

Appears in 1 contract

Samples: Lease Agreement (Cmgi Inc)

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Use. The From the commencement of the Term, to use and occupy the Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Leaseonly, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now not to injure or hereafter applicable to deface the Premises, Building, the Site or any other part of the Complex nor to permit in the Premises or on the Site any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to permit in the Premises anything which would in any way result in the leakage of fluid or the growth of mold, and not to use or devote the Premises or any part thereof for any purpose other than the Permitted Uses, nor any use thereof which is inconsistent with the maintenance of the Building as an office and laboratory building of the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the premium for any insurance on the Building and its contents or liable to render necessary any alteration or addition to the Building. Notwithstanding the foregoing, Tenant shall not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, maintain, use or store any Hazardous Materials in the Premises (other than the Hazardous Materials listed in Exhibit I (and at no greater than the amounts and/or quantities specified therein) (“Tenant’s Hazardous Materials”), provided that the same shall at all times be brought upon, kept or used in accordance with all applicable Hazardous Materials Laws (hereinafter defined) and to the use and occupancy thereofextent any alterations or additions, including, without limitation, installation of life/safety and/or monitoring systems, are required with respect to the Americans With Disabilities ActPremises and/or the Building under Legal Requirements or Hazardous Materials Laws as a result of Tenant’s Hazardous Materials, 42 U.S.C. § 12101Tenant, et seqsubject to the terms of this Lease, shall be solely responsible for performing and/or installing the same, at its cost, as a condition precedent to Tenant’s right to use, store or dispose of, such Hazardous Materials) unless the same are approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves Tenant’s Hazardous Materials listed on Exhibit I. Tenant shall deliver MSDS sheets (together and proposed quantities) with all requests for approval of Hazardous Materials not listed on Exhibit I as required above, and shall be responsible for notifying all federal, state and local authorities (including the regulations promulgated pursuant theretoTown of Lexington Fire Department) of the use, storage and disposal of Hazardous Materials by Tenant to the extent required by applicable law. Landlord agrees to respond to such request for approval within ten (10) business days of receipt of all of the foregoing. Tenant shall maintain at the Premises a list of all Hazardous Materials that the Tenant will keep, maintain, use or store at the Premises (the ADA”) (collectively, “Legal Requirements” and each, a “Legal RequirementHazardous Materials Schedule”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use On or before each anniversary of the Premises Commencement Date, and on any earlier date during the 12-month period on which is declared by Tenant intends to add a new Hazardous Material or increase the quantity of any Governmental Authority (Hazardous Material to the Hazardous Materials Schedule, Tenant shall update the Hazardous Materials Schedule and deliver the same to Landlord for Landlord’s approval with respect to such new or increased Hazardous Materials as defined in Section 9) having jurisdiction required above. The Hazardous Materials Schedule shall be reasonably available to be a violation of a Legal Requirement. Tenant will not use or permit the Landlord at the Premises to be used for any purpose or in any manner that would void Tenant’s or upon the Landlord’s insurancewritten request. Further, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, (i) Tenant shall not, without nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, use, maintain, or store Hazardous Materials (as hereinafter defined), or dispose of the prior written consent of Landlordsame into the sewage or waste disposal system or otherwise, use the Premises or engage in any manner activity, in violation of Hazardous Materials Laws (as hereinafter defined) which will require ventilationmight produce or generate any substance which is or may hereafter be classified as a radioactive, air exchangehazardous material, heatingwaste or substance (collectively “Hazardous Materials”), gasunder federal, steamstate or local laws, electricity rules and regulations 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. Subject to Landlord’s performance of its obligations in the Work Letterstandards, 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 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. and Massachusetts General Laws, Chapter 21E, and the National Fire Protection Association NFPA 45: Standards of Fire Protection for Laboratories Using Chemicals, and the rules and regulations or standards promulgated under any of the foregoing, as such laws, rules and regulations may be amended from time to time (collectively “Hazardous Materials Laws”), (ii) Tenant shall immediately notify Landlord of any incident in, on or about the Premises, the Building or the Site that would require the filing of a notice, or reporting to any governmental entity, under any Hazardous Materials Laws, (iii) Tenant shall comply and shall cause its employees, invitees, agents, independent contractors, contractors, assignees and subtenants to comply with each of the foregoing and (iv) Landlord shall have the right to make such inspections (including testing) as Landlord shall elect from time to time, upon reasonable prior notice to Tenant except in the event of an emergency, to determine that Tenant is complying with the foregoing. Notwithstanding the foregoing, Tenant shall also have the right to store and use reasonable quantities of office and cleaning supplies used in the ordinary course of the use and occupancy of the Premises for the general office use that are kept, maintained, stored and disposed of in accordance with all applicable Hazardous Materials Laws. Neither Landlord’s review and approval of Tenant’s Hazardous Materials listed on Exhibit I attached hereto nor Landlord’s subsequent approval (if any) of any other Hazardous Materials to be kept, maintained, used or stored in the ADAPremises pursuant to the foregoing paragraph shall be deemed to be an agreement by Landlord that Tenant has complied with applicable Hazardous Materials Laws with respect to any such Hazardous Materials nor deemed a waiver of Tenant’s obligations under this Lease with respect to compliance with all applicable Hazardous Materials Laws nor impose any liability on Landlord with respect to compliance with applicable Hazardous Materials Laws in connection with any such Hazardous Materials. Notwithstanding anything to the contrary contained in this Lease, prior to the expiration or earlier termination of the Term, Tenant shall clean and otherwise cause the Premises to be "decommissioned" in accordance with all applicable Hazardous Materials Laws and shall leave the Premises and the Building (and the piping, sewage or waste disposal system, supply lines, drains and storage containers and basins serving the same, and all exhaust or other ductwork) related to free of all chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials resulting from Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance Without limiting the foregoing, upon expiration or earlier termination of its obligations in the Work LetterLease, Tenant shall be responsible for provide Landlord, at Tenant’s sole cost and expense, with a so-called "Clean Certificate" from a reputable, experienced third party environmental engineer or industrial hygienist, licensed to do business in the Commonwealth of Massachusetts, dated within thirty (30) days after the expiration or early termination of the Term certifying to the Landlord that (a) the Premises, the Building and the pipes, sewage or waste disposal system, supply lines, drains, storage containers, basins, exhaust and ductwork are free from chemicals, blood, blood products, germs, bacteria, viruses, biological products and other Hazardous Materials, (b) the Premises, the Building and the pipes, sewage or waste disposal system, supply lines, drains, storage containers, ductwork and exhaust serving the Premises have been sanitized in accordance with applicable Hazardous Materials Laws, (c) any radioactive materials, biological or chemical safety cabinets located, storage rooms or the storage areas in the Premises have been emptied and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred decontaminated in investigating or resisting the same (includingaccordance with applicable Hazardous Materials Laws. If Tenant fails to perform such obligations under this paragraph, without limitationlimiting any other right or remedy, reasonable attorneysLandlord may, on ten (10) business daysfees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related prior written notice to Tenant perform such obligations at Tenant’s use or occupancy of the Premisesexpense, and Tenant shall indemnify, defend, hold within thirty (30) days of demand reimburse Landlord for all reasonable out-of-pocket costs and save expenses incurred by Landlord harmless from and against any and all in connection with such Claimswork. Tenant’s obligations under this paragraph shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used solely only for office, laboratory, manufacturing, sales and distribution purposes and such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Permitted Use set forth Premises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Notwithstanding the foregoing, Tenant shall be permitted, from time to time, to sell personal property related to its business out of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Landlord’s consent will not be unreasonably withheld, conditioned or delayed. (b) Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to Tenant’s specific use of the Premises, and to the use and occupancy thereof, including, including without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant thereto, thereunder (the “ADA”) (collectivelycollectively as may be amended from time to time, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the ADA. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s specific use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise is caused solely and directly by Tenant’s specific use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord within fifteen (15) days after receipt of evidence by the insurance carrier confirming that Tenant’s actions caused such increase. Landlord represents to Tenant that, to the best of Landlord’s knowledge without investigation or inquiry, the Building, Premises and Property comply with the ADA. Landlord shall be responsible for any exterior Building and Property ADA issues (the “Corrections”). Notwithstanding the foregoing, Landlord shall have no obligation to correct any exterior ADA issues which may arise due to Tenant’s specific use that would damage of the Premises or obstruct any alterations to the Premises proposed to be made by Tenant. Should Tenant receive any written notice of any ADA violation with respect to the exterior of the Building, Premises or interfere Property, it shall provide a copy of same to Landlord. (c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the rights use and enjoyment of Landlord or other all tenants or and occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises subject to be used for any unlawful purposesuch reasonable rules and regulations as Landlord may promulgate from time to time. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move If 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that rules and regulations 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. Subject to Landlord’s performance of its obligations in the Work Letteramended, Tenant shall be responsible for any notified in writing. The rules and regulations shall apply to all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred Tenants 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 such ClaimsBuilding.

Appears in 1 contract

Samples: Lease Agreement (MetaMorphix Inc.)

Use. The Premises shall be used solely only for the Permitted Use purpose of receiving, storing, shipping and selling (both wholesale and retail sales) products, materials and merchandise made and/or distributed by Tenant; for light manufacturing, repair and service; for a catalog telephone sales center; and for any other lawful purposes. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Subject to the provisions of this Lease (including, without limitation, this Section 3 regarding compliance with laws), Tenant will use the Premises in a careful, safe and proper manner, in compliance with all Private Restrictions (as defined below), in compliance with all Legal Requirements (as defined below), 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. Except as set forth in the basic lease provisions on page 1 attached Exhibit "G", the Original Premises are not subject to any rights-of-way, easements, covenants, conditions, restrictions, reciprocal parking agreements or other private agreements which affect the use or enjoyment of the Original Premises, authorize the use of the Original Premises for parking or vehicular/pedestrian ingress or egress, or which subject the Premises to any open space, setback or other use limitations (collectively the "Private Restrictions"). Landlord shall not voluntarily subject the Premises to any Private Restrictions without Tenant's prior written consent. If Landlord fails to obtain Tenant's written consent prior to subjecting the Premises to any Private Restrictions after the date of this Lease, then Tenant shall not be responsible for any costs involved in complying with the requirements of any such Private Restrictions and (if such Private Restriction materially and adversely affects Tenant's use and enjoyment of the Premises) such action shall (at Tenant's option) constitute an event of default under this Lease. As of the Rent Commencement Date with respect to the Original Premises, and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, the Original Premises shall comply with all Private Restrictions and all Legal Requirements (as hereinafter defined). As of the commencement of the Term with respect to any Expansion Premises (if applicable), and subject to Tenant's obligations under this Section to construct and install any alterations or modifications required by any applicable Legal Requirements or Private Restrictions related to Tenant's particular use of the Premises, such Expansion Premises shall comply with all Private Restrictions and all Legal Requirements. Following the substantial completion of Landlord's Work with respect to the Original Premises and/or any Expansion Premises (as the case may be), the delivery of a Certificate of Occupancy, and subject to Landlord's correction of any Punch List Items and performance and discharge of any warranty obligations under the Work Letter, 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 PremisesPremises (collectively, and "Legal Requirements"); provided, however, that Tenant shall not be required to construct or install any capital or structural improvements, alterations, modifications or additions to the Premises unless the need for such capital or structural improvements, alterations, modifications or additions are the result of Tenant's particular use of the Premises and occupancy thereof, including, without limitation, are not the result of governmental requirements imposed on buildings generally available for human occupancy. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s insurance, 's insurance or increase the insurance risk. If any increase in the cost of any insurance on the Premises is caused by Tenant's use or occupation of the Premises, or cause because Tenant vacates the disallowance Premises, then Tenant shall pay the amount of any sprinkler such increase to Landlord. Notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant's use of the Premises for the uses permitted herein shall not result in an increase in Landlord's insurance costs or other creditsrisks. Tenant shall have the right to enter the Original Premises prior to the Commencement Date and/or any Expansion Premises prior to the commencement of the Term with respect to such Expansion Premises for purposes of inspecting the construction of Landlord's Work. Tenant shall have the right to enter, use and occupy the Original Premises prior to the Rent Commencement Date for purposes of improving and altering same, inspecting the construction of Landlord's Work, and installing furniture, equipment, and trade fixtures therein. Any early entry by Tenant under this Section 3 shall be conducted in a manner so as not permit any part to interfere with Landlord's construction of Landlord's Work. If Landlord believes that Tenant's early entry into the Premises is interfering with the construction of Landlord's Work, Landlord shall notify Tenant in writing and Tenant shall cease such interference within three (3) days after the service of such notice. If Tenant believes that its early occupancy of the Premises to is not interfering in Landlord's construction of Landlord's Work, such dispute shall be used as a “place of public accommodation”, as defined settled by an architect in the ADA or any similar legal requirementmanner prescribed by Section 28 of the Lease. Any occupation of the Original Premises by Tenant after the Commencement Date but prior to the Rent Commencement Date shall reimburse Landlord promptly upon demand be subject to all obligations of Tenant under this Lease, except for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section Lease relating to the payment of annual Base Rent or otherwise caused by Tenant’s additional rent. Tenant shall be entitled to the exclusive use and/or occupancy of all parking at the Premises. Tenant will use shall have the right to xxxx all parking spaces on the Premises in a carefulas being for the exclusive use of Tenant and its agents, safe employees and proper manner invitees and will to remove any unauthorized vehicles parking therein. Landlord agrees not commit to construct any alterations, additions, or permit waste, overload the floor or structure of the Premises, subject buildings on the Premises to use that would damage reduce the number of parking stalls at the Premises or obstruct or that interfere with the rights of Landlord vehicular or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on pedestrian access to the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Net Lease Agreement (West Marine Inc)

Use. (a) The Premises shall be used solely and occupied by Tenant for the Permitted Use use set forth in the basic lease provisions Basic Lease Information and for no other purpose. Tenant shall, at Tenant’s expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating the use by Tenant of the Premises. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any signs on page 1 or visible from the exterior of the Premises, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, either in compliance connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Building or the Project or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. (b) Tenant shall strictly comply with all statutes, laws, orders, judgments, ordinances, rules, regulations, codes, directives, permits, licenses, covenants and restrictions precautions now or hereafter applicable mandated or advised by any federal, state, local or other governmental agency with respect to the Premisesuse, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, “Hazardous Materials”). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as “hazardous substances,” “hazardous materials, “hazardous wastes,” “chemicals known to cause cancer or reproductive toxicity,” “radioactive materials,” or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the use preceding laws or other similar laws, regulations and occupancy thereofguidelines now or hereafter in effect. Tenant shall not cause, or allow anyone else to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its members and its and their officers, directors, employees and agents, any entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, “Indemnitees”) harmless from and against all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the Americans With Disabilities Actcost of any required or necessary investigation, 42 U.S.C. § 12101monitoring, et seqrepair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. (together Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with the regulations promulgated pursuant theretoall statutes, “ADA”) (collectivelylaws, “Legal Requirements” ordinances, rules, regulations, and each, a “Legal Requirement”). precautions pertaining to Hazardous Materials shall excuse Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance obligation of any sprinkler or other creditsindemnification set forth above. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with obligations unless this paragraph 6 shall survive the provisions expiration or termination of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.

Appears in 1 contract

Samples: Lease Agreement (St Francis Medical Technologies Inc)

Use. (a) The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseUse, and in compliance with all lawszoning ordinances and Legal Requirements (as hereinafter defined). Tenant shall not conduct or give notice of any auction, ordersliquidation, judgmentsor going-out-of-business sale on the Premises. 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, subject to reasonable wear and tear. Tenant shall not take any other action that would constitute a nuisance or would unreasonably disturb or interfere with Landlord’s or any other tenant’s use or enjoyment of other the portions of the Property that are not the Premises, taking into account, in all events, the Permitted Use. Outside storage, including storage of trucks and other vehicles, is prohibited in any areas of the Property not within the outside areas of the Premises without Landlord’s prior written consent. For purposes of clarity, outside storage shall be permitted in areas designated as “Canoo Logistics/ Laydown” on the Premises site plan set forth on Exhibit “A” attached hereto. (b) Tenant shall, at its sole cost and expense, use and occupy the Premises in compliance with all laws and ordinances, regulationsand all rules, codes, directives, permits, licenses, covenants covenants, orders or regulations of any governmental authority or Insurance Authority (as hereinafter defined) including the Americans with Disabilities Act, judgments, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupancy of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insuranceinsurance or certificate of occupancy. Notwithstanding the foregoing, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of be prohibited or unreasonably restricted from using batteries on the Premises due to be used as a “place of public accommodation”, as defined any Landlord insurer requirements. If any increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required Property is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the entire amount of such increase to Landlord (as opposed to Tenant’s Proportionate Share thereof). (c) Except for exclusive designated parking rights set forth in Section 15, defendTenant and its employees and invitees shall have the non-exclusive right to use, hold in common with others, those areas identified as (i) roadways, (ii) parking areas and save (iii) “Dock Loading Area” and shown on Exhibit A-1 (the “Common Areas”), subject to such reasonable rules and regulations as Landlord harmless may promulgate from time to time. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and against management of the Common Areas. The Property that is not part of the Premises or Common Areas may be changed from time-to-time in the sole discretion of Landlord, including, but not by way of limitation, the layout, size, improvements and other characteristics of such Property, provided that such changes do not materially impair, diminish or interfere with Txxxxx’s use of the Premises or the Common Areas or any and all such Claimsother rights granted to Tenant hereunder.

Appears in 1 contract

Samples: Lease Agreement (Canoo Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, manufacturing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In connection with Tenant's manufacturing operations, Tenant shall construct a clean room in the basic lease provisions Premises to local, state and federal requirements, as applicable. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of this Leasethe 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. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense make any alterations or modifications, discontinue any within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Iomega 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises solely for general officing, warehousing, distribution, research and development, and manufacturing all in a carefulaccordance with laws, safe ordinances, rules and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises any regulations which are applicable to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (Building, including, without limitationbut not limited to laws related to land use, compliance of and for no other purposes. Tenant will not cause or permit any waste or damage to the Premises, the Building or the land upon which the Building is located and will not occupy or use the Premises for any business or purpose which is unlawful, hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the ADA) related to business operations of other tenants in the Building. If the nature of Tenant’s 's use or occupancy of the Premises causes any increase in Landlord's insurance premiums over and above those chargeable for the least hazardous type of occupancy legally permitted in the Premises, then Tenant will pay the resulting increase within ten (10)days after its receipt of a statement from Landlord setting forth the amount thereof. If at any time, and from time to time during the Lease Term, Tenant desires to cease operating its business in the Premises, then the Tenant shall notify the Landlord, in writing, at least ninety (90) days prior to the effective date of any cessation of operations. Landlord shall have the right, at its sole option, to terminate the Lease upon written notice to Tenant at any time after Tenant ceases to operate in the Premises. Subject In the event that Landlord exercises its option to terminate this Lease as provided above, then this Lease shall terminate on the date stated in Landlord’s performance of its obligations in 's notice to terminate, which date shall be not greater than the Work Letterthirtieth (30th) day following the date on which Landlord sends such notice to Tenant. Upon such date, Tenant shall surrender possession of the Demised Premises to Landlord and neither party shall thereafter have any further obligation to the other by virtue of this Lease, subject, however, to the payment by Tenant to Landlord of all sums then due and owing or having accrued to Landlord hereunder and the survival of any indemnifications under this Lease. Tenant shall not be responsible for deemed to have ceased operating its business and any immediately prior period of cessation shall be deemed tolled if and all demandsto the extent that the Demised Premises is closed due to damage by fire or other casualty, claimsa taking by eminent domain has made it impracticable to continue doing business therein or a force majeure event (not caused by Tenant). If at any time during the Term Tenant ceases to operate its business in the Premises it shall continue to maintain the Premises as required herein, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitationbut not limited to, continuing to heat the Premises at times when it would be continuously reasonable attorneys’ feesto do so. If at any time Tenant does not maintain the Premises as required herein, charges Landlord shall be permitted to maintain the Premises after five (5) days written notice to Tenant and disbursements and costs of suitTenant's failure to cure within such five (5) (collectivelyday period. Notwithstanding the foregoing, “Claims”) arising out of or in connection with Legal Requirements related no event shall Landlord be required 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 such Claimsgive notice in an emergency situation.

Appears in 1 contract

Samples: Industrial Space Lease (Micropoint Inc)

Use. (a) The Premises shall be used solely for general office purposes only, except as limited by Paragraph 6(b), and, subject to the Permitted Use set forth in the basic lease provisions on page 1 terms 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 Premisesuses incidental thereto, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to shall be used for any no other purpose or without the prior written consent of Landlord. The use of an existing kitchen facility located in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject to the Premises to use that would damage the Premises or terms of this Lease, is deemed an incidental use. (b) Tenant shall in no way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidationBuilding, or going out of business sale on the Premisesinjure or annoy them, or using use, or allowing allow the Premises to be used for any unlawful or objectionable purpose. Tenant shall cause may not use any equipment part or machinery all of the Premises for any retail operations; a medical or dental office; an office providing any type of psychological, or drug counseling or employment placement or agency, office; telemarketing operations; consulate, foreign mission or trade office; government or regulatory agency office; educational institution with classrooms, or similar uses. Solicitations or promotions by Tenant to be installed other tenants 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. Building are prohibited. (c) Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon use the Premises or transport permit anything to be done in 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of about the Premises or the Project that are required by Legal Requirements Building which will in any way conflict with any present or future law, statute, ordinance, code, rule regulation, requirement, license, permit, certificate, judgment, decree, order or direction of any present or future governmental or quasi-governmental authority, agency, department, board, panel or court (includingsingularly and collectively "Laws"). Tenant shall, at its expense, promptly comply with all Laws (including without limitation, compliance of the Premises Federal Americans with Disabilities Act and any Hazardous Materials Laws (as hereinafter defined), and with the ADA) related requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to Tenant’s or affecting the condition, use or occupancy of the Premises. Subject It is the intent of the parties to Landlord’s performance allocate to Tenant the cost of its obligations in compliance of any and all Laws, regardless of the Work Letterexisting condition of the Premises, the cost of compliance or the foreseeability of the enactment or application of the Laws to the Premises. Notwithstanding the foregoing, Tenant shall not be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages required to make structural changes to the Premises unless they arise 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 are required because of or in connection with Legal Requirements related to Tenant’s 's specific use or occupancy of the Premises, and or the type of business conducted by Tenant in the Premises, or Tenant's Alterations, or Tenant's acts or omissions. Tenant shall indemnifyobtain and maintain in effect during the Term all licenses and permits required for the proper and lawful conduct of Tenant's business in the Premises, defendand shall at all times comply with such licenses and permits. (d) Supplementing the provisions of Paragraph 6(c) above, hold Tenant shall not use the Premises or any portion of the Building in violation of any federal, state, or local law, ordinance, or regulation relating to the environment, health, or safety. Tenant shall not use, generate, manufacture or store in or about the Premises or the Building or transport to or from the Premises or the Building any explosives, radioactive materials, hazardous materials, hazardous wastes, asbestos, PCB transformers, toxic substances or related materials (collectively "Hazardous Materials"), other than the use and save Landlord harmless storage in the Premises of small quantities of such substances when found in commonly used household cleansers, office supplies and general office equipment, and any such substances shall be used, kept, stored and disposed of in strict accordance with all applicable federal, state and local laws now in force or which may hereafter be in force relating to the protection of human health or the environment from Hazardous Materials, including all requirements pertaining to reporting, licensing, permitting, investigation and against any remediation of emissions, discharges, storage, disposal or releases of Hazardous Materials and all such Claimsrequirements pertaining to the protection of the health and safety of employees or the public with respect to Hazardous Materials (collectively, "Hazardous Materials Laws"). Hazardous Materials shall include, without limitation, substances defined as "hazardous substances", "hazardous materials", "toxic substances", "hazardous waste" or "waste" in the Comprehensive Environmental Response. Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; and those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in subdivision (f) of Section 25281, and Section 25316, of the California Health & Safety Code; and any "waste" as defined in subdivision (d) of Section 13050 of the Water Code; and in the regulations adopted and publications promulgated pursuant to any of the aforementioned said laws; and in any revised or successor code thereto; and any other chemical, material or substance at levels for which exposure is prohibited, limited or regulated by any governmental authority.

Appears in 1 contract

Samples: Lease Agreement (Quokka Sports Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasegeneral office, commercial research and development activities, and for such other lawful purposes as may be incidental thereto. 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 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 unreasonable and 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. Outside storage, including without limitation, storage of inoperable trucks and other vehicles not used in Tenant’s daily business operations, is prohibited without Landlord’s prior written consent. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared Premises. Notwithstanding the aforesaid, Landlord shall be responsible to make any alterations or improvements on the exterior of the Buildings required by any Governmental Authority (as defined in Section 9) having jurisdiction Legal Requirements not related to be a violation Tenant’s specific use or occupation of a Legal Requirementthe Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Gilead Sciences Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on because Tenant vacates the Premises, or using or allowing the Premises to be used for any unlawful purpose. then Tenant shall cause any equipment or machinery pay the amount of such increase to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letterforegoing, Tenant shall be responsible for any permitted to store and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages park trucks and commercial vehicles in the fenced or judgments, and all reasonable expenses incurred block wall enclosure 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 rear of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.as depicted in the site plan attached hereto as Exhibit B.

Appears in 1 contract

Samples: Lease Agreement (Leslies Poolmart Inc)

Use. A. The Demised Premises shall be used solely and occupied for general office purposes and for any other purpose which does not violate any applicable law, rule, ordinance or regulation of any applicable governmental authority having jurisdiction ("Tenant's Use"). Landlord represents that, to its actual knowledge, the Permitted Use set forth in Demised Premises are currently zoned "O". Administrative-Professional District and R1.7/PD, low medium density residential district under the basic lease provisions on page 1 zoning ordinance of this Leasethe City of Sunnyvale, California, which zoning classification, to Landlord's actual knowledge, will not restrict or limit Tenant's Use; provided, however, Landlord makes no representation as to whether a special use permit, zoning variance or comparable relief from the local zoning ordinance is required to conduct Tenant's Use, and in compliance with all lawsif such special use, ordersvariance or comparable relief is required, judgmentsTenant shall obtain the same (at its sole cost and expense). Landlord further represents, ordinances, regulations, codes, directives, permits, licenses, covenants to its actual knowledge without independent investigation or inquiry and restrictions now or hereafter applicable subject to the Premisesforegoing proviso, and to the that there are no other zoning ordinances or any other prohibitions restricting or limiting Tenant's Use in any material respect. In addition, Tenant may 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, upon 5 days’ written notice from Landlord, discontinue all or any use part of the Demised Premises which is declared for any lawful purpose then permitted by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation local zoning ordinances and the certificate of a Legal Requirement. occupancy, if available; provided, however, Tenant will may not use or occupy the Demised Premises, or knowingly permit the Demised Premises to be used for or occupied (including without limitation subleasing the Demised Premises or any purpose part thereof or assigning this Lease to any other party conducting a business other than Tenant's Use) or in any such a manner that would void Tenant’s as to cause the value or Landlord’s insurance, increase usefulness of the insurance riskDemised Premises, or cause the disallowance of any sprinkler or other creditspart thereof, substantially to diminish (reasonable wear and tear excepted). Tenant shall not permit any part have the exclusive right to use of and shall have full access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year during the term. B. Tenant may, if Tenant so elects, and for Tenant's sole use, install and operate within the Building microwave ovens and install and operate within the Building vending machines to dispense hot and cold beverages, ice cream, candy, food and cigarettes; such machines shall be used as maintained in a “place of public accommodation”, as defined in the ADA or any similar legal requirementneat and sanitary condition and shall comply with all applicable laws and ordinances. Tenant shall reimburse also have the right to use, install and operate within the Building, all telecommunication lines and other telecommunication and electronic facilities relating to services to be provided to Tenant and its subtenants and Landlord promptly agrees to provide all necessary easements upon demand for any additional premium charged for any such insurance policy the Demised Premises reasonably required by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy said service provider. Upon termination of the Premises. Tenant will use the Premises in a carefulLease, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises if 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 requested by 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenantshall, at its sole cost and expense, shall make in a good and workmanlike manner and in as expeditious a manner as possible, remove any alterations or modifications all of such items from the Demised Premises, to the interior or extent required by Landlord. Tenant further agrees to repair any damage to the exterior Demised Premises caused by the removal of such items. In conclusion with any easements granted hereunder to service providers, Landlord reserves the right to condition any such grant upon receipt of acknowledgement from the relevant service provider(s) that such service provider agrees to vacate the easement, and relinquish all of its rights in the Demised Premises, effective upon the termination of the Premises or Lease. Notwithstanding anything contained herein to the Project that are required by Legal Requirements (includingcontrary, without limitation, compliance if the Lease is in full force and effect as of the Premises with the ADAthirteenth (13th) related to Tenant’s use or occupancy anniversary of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, Commencement Date and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.is not then in default

Appears in 1 contract

Samples: Sublease Agreement (Software Net Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, manufacturing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In connection with Tenant's manufacturing operations, Tenant shall construct a clean room in the basic lease provisions Premises to local, state and federal requirements, as applicable. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of this Leasethe 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. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

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

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to retail sales by internet without Tenant's customers visiting at the Premises) products, materials and merchandise made and/or distributed by Tenant, for general office use in connection with a warehouse use, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent which shall not be unreasonably withheld or delayed, Tenant may also use the basic lease provisions Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on page 1 the Premises. Tenant 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 unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided however, that Tenant shall have the right, without obtaining Landlord's prior written consent, to park trucks and trailers (provided the same are in operable condition) overnight at the truck loading docks and on the parking areas of the Project. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, 10, 11, and 15 of this 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectivelyall as may be amended from time to time. Subject to Landlord's obligations under Addendum Three as well as Paragraphs 6, “Legal Requirements” 10, 11, and each15 of this Lease, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s insurance, 's insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance Tenant's use or occupation of the Premises with the ADA(other than Tenant's use which constitutes customary warehouse storage and distribution) related to Tenant’s use , or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, because Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of vacates the Premises, and then Tenant shall indemnify, defend, hold pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant for the purpose of installing racks and save Landlord harmless from receiving inventory prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease except the payment of Base Rent and against any and all such ClaimsOperating Expenses which shall commence on the Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Etoys Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of general office, administration, research and development, light manufacturing, assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Notwithstanding the foregoing to the contrary, Tenant shall have the right to park operable vehicles overnight at the truck loading docks and parking areas for the Premises. This provision also shall supersede the terms of Paragraphs 7 and 12 of the Rules and Regulations attached to the Lease to the extent of any conflict with such rule. Subject to Landlord’s representation and warranty in Paragraph 2 hereof, 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s particular use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, insurance or increase the insurance risk, or cause . If any increase in the disallowance cost of any sprinkler insurance on the Premises or other credits. Tenant shall not permit any part the Project is caused by Tenant’s use or occupation of the Premises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be used subject to the terms and conditions of this Lease, other than any obligation of Tenant to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project in each case that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project 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 Paragraph 10 of this Lease or due to violations of law by Landlord in existence as of the Commencement Date. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building or the Premises into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason result of Tenant’s failure specific use of the Premises shall be chargeable to comply Tenant in accordance with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.

Appears in 1 contract

Samples: Lease Agreement (Occam Networks Inc/De)

Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 purpose of this Leasedesign and manufacturing of power source technologies, including semiconductor manufacturing, and incidental office use related thereto and for no other purpose without the advance written consent of Landlord; 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 in compliance a careful, safe and proper manner and will not commit waste, overload the floor, plumbing, electrical systems or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises at levels in excess of those permitted by applicable laws, regulations, or use permits, or take any other action that would constitute a nuisance or would unreasonably disturb, interfere with, or endanger Landlord or any tenants of the Property. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. (b) Tenant, at its sole expense, shall comply 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). To Landlord’s knowledge, the Premises currently comply with such Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to modifications, within or without the interior or the exterior of the Premises or the Project Premises, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.or

Appears in 1 contract

Samples: Lease Agreement (Avi Biopharma Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent (which shall not be unreasonably withheld or delayed), Tenant may also use the Premises for light manufacturing. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. 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 PremisesPremises (collectively, "Legal Requirements"). Landlord hereby represents and to warrants that the use and occupancy thereof, including, without limitation, Premises are or shall be compliant with the Legal Requirements as of the Commencement Date. The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all such Claimsobligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (ShoreTel Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseBasic Lease Provisions, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall be granted or refused within 10 business days of any written request from Tenant. 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) related to Tenant’s use or occupancy of the Premises. Subject Notwithstanding any other provision herein to Landlord’s performance of its obligations in the Work Lettercontrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the PremisesRequirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsClaims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Omeros Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseTHE PURPOSE OF GENERAL OFFICE, RECEIVING, STORAGE, 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 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 thereoffor no other purpose whatsoever without Landlord's prior written consent. Outside storage, including, without limitation, the Americans With Disabilities Acttrucks and other vehicles, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)is prohibited without Landlord's prior written consent. Tenant shallshall at its own cost and expense obtain and maintain any and all licenses, upon 5 days’ written notice from Landlordpermits, discontinue and other approval necessary or appropriate for its use, occupation or operation of the Premises. Tenant's inability to obtain or maintain any use such license, permit or approval necessary or appropriate for its use, occupation or operation of the Premises shall not relieve it of its obligations under this Lease, including the obligation to pay Base Rent and additional rent. Tenant shall comply with all governmental laws, ordinances, rules and regulations applicable to the use and condition 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 or upon, or connected with, the Premises, all at Tenant's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to the Premises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not commit or allow to be committed or exist: (a) any waste upon the Premises, (b) any public or private nuisance, (c) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or (d) any act or condition which disturbs the quiet enjoyment of any other tenant in the Building, violates any of Landlord's contracts affecting any or all of the land or Building, creates or contributes to any work stoppage, strike, picketing, labor disruption or dispute, interferes in any way with the business of Landlord or any other tenant in the Building or with the rights or privileges of any contractors, subcontractors, licensees, agents, concessionaires, subtenants, servants, employees, customers, guests, invitees or visitors or any other persons lawfully in and upon the land or Building, or causes any impairment or reduction of the good will or reputation of the land or Building. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Paragraph 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 declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be explosive, highly inflammable, hazardous or a violation of a Legal Requirementpollutant. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Xxxxxx's use of Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations shall result in the Work Letteran increase in insurance premiums, Tenant shall be solely 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 such Claimsincrease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Materials Group Inc)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and Selling Products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant may also use the Premises for light manufacturing. “Selling Products” shall be limited to the approximately 10,000 square feet of space located in the basic lease provisions northwest corner of the Premises as shown on page 1 Exhibit A. Tenant shall not conduct or give notice of this Leaseany auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, except for ordinary wear and tear, 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. Outside storage, including without limitation, storage of inoperable trucks and other personal vehicles, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”), except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises and the Project. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises, except that Landlord shall be responsible for the compliance with such Legal Requirements as the same relate to the structural portions of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirementand the Project. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. credits unless such use has been approved by Landlord and Tenant shall not permit any part is responsible for all of the Premises to be used as a “place of public accommodation”, as defined increased costs resulting therefrom. If any increase in the ADA cost of any insurance on the Premises or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Except for the payment of rent, which shall be due and payable as of the Commencement Date, any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all other obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, Tenant’s obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to Tenant’s use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit Landlord shall make all other additions to or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas modifications of the Project required from time to time in accordance with Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in the Project elevators without the prior written consent Operating Expenses pursuant to Paragraph 6 of Landlord. Except as may be provided under the Work Letterthis Lease, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner except for those additions or modifications 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. Subject to are Landlord’s performance sole responsibility pursuant to Paragraph 10 of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Use. The a. Tenant shall use and occupy the Premises only for general office use, and for no other purposes. Tenant shall not use the Premises or allow the Premises to be used solely for any other purpose without the Permitted Use set forth in the basic lease provisions on page 1 prior written consent of this LeaseLandlord. Tenant, and in compliance at Tenant's expense, shall comply with all laws, rules, orders, judgments, ordinances, regulationsdirections, codesregulation, directivesand requirements of federal, permitsstate, licensescounty, covenants and restrictions municipal authorities, now in force or which may hereafter applicable be in force, which shall impose any duty upon Landlord or Tenant with respect to the use, occupation or alteration of the Premises, and to or the use and occupancy thereofconduct of Tenant's business therein, including, without limitation, the Americans With with Disabilities ActAct and all applicable zoning, 42 U.S.C. § 12101, et seq. recycling and Environmental Laws (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”hereinafter defined). Tenant shallhereby agrees to indemnify and hold harmless Landlord and its agents, upon 5 days’ written notice officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or suits brought by third parties against Landlord, discontinue any use its agents, officers, directors and employees alleging or relating to the failure of the Premises which is declared to comply with the terms of the Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementTenant. Tenant will shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord. b. Tenant shall not put the Premises to any use, the effect of which use is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, or an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any regulation of any governmental body or the regulations or directives of Landlord's insurance carriers, or in any manner that would void Tenant’s or Landlord’s insurance, increase to interfere with the insurance risk, or cause the disallowance quiet enjoyment of any sprinkler or other credits. Tenant shall not permit any part tenant of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the PremisesBuilding. Tenant will use the Premises in a careful, safe and proper manner and will not commit install or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed operate in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, any electrical or other space equipment, other than such equipment as is commonly used in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall notmodern offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, use who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water and/or electricity excess wiring and other similar requirements, and any changes, replacements or additions to any base building system, as may be occasioned by the operation of said equipment or machinery. In the event that Tenant wishes to install a coffee maker or other similar device in the Premises which shall be connected to the Building's main water line, then in any manner which will require ventilationsuch event Tenant shall install copper (rather than plastic) lines between all such appliances and the Building's main water line. c. Subject to Landlords obligations under Section 9.e, air exchangebelow, heatingTenant agrees to maintain the Premises, gasand the Tenant Improvements therein, steamin good order, electricity repair and condition during the Term at Tenant's sole cost and expense, and it will, at the expiration or water beyond the existing capacity other termination of the Project Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (except only Tenant's personal property) in good order, repair and condition, as proportionately allocated the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or added to the Premises based upon Tenant’s Share as usually furnished pursuant to this Lease, and except for the Permitted Useordinary wear and tear. Subject Landlord shall have no obligation to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall Tenant to make any alterations repairs in or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements Tenant Improvements, except as expressly provided in Section 11.a, below. Any and all damage or injury to the Premises (including, without limitationbut not limited to, compliance the Tenant Improvements), the Building or the Land caused by Tenant, or by any employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be promptly reported to Landlord and, subject to the provisions of Section 12.d, below, repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all costs incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlords notice of such costs. d. Tenant shall not place a load upon the floor of the Premises with exceeding the ADA) related to Tenant’s use or occupancy designated floor load capacity of the PremisesBuilding without Landlord's prior written consent. Subject Business machines, mechanical equipment and materials belonging to Landlord’s performance of its obligations Tenant which cause vibration, noise, cold, heat or fumes that may be transmitted to the Building or to any other leased space therein to such a degree as to be objectionable to Landlord or to any other Tenant in the Work Letter, Tenant Building shall be responsible for any placed, maintained, isolated, stored and/or vented by Tenant at its sole expense so as to absorb and all demandsprevent such vibration, claimsnoise, liabilitiescold, losses, costs, expenses, actions, causes of action, damages heat 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 such Claimsfumes.

Appears in 1 contract

Samples: Deed of Lease (Certicom Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord’s prior written consent, Tenant may also use the Premises for light manufacturing. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the basic lease provisions on page 1 of this Leasedesignated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject or because Tenant vacates the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord (except upon expiration or other tenants or occupants termination of the Project, including conducting or giving notice Lease and Tenant’s surrender of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilationaccordance with the terms of this Lease), air exchange, heating, gas, steam, electricity or water beyond then Tenant shall pay the existing capacity amount of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject such increase to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior . Any occupation of the Premises or by Tenant prior to the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant Commencement Date shall be responsible for any and subject to all demands, claims, liabilities, losses, costs, expenses, actions, causes obligations 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 such Claimsunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sphere 3D Corp)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of general industrial/warehouse and distribution, light assembly, administrative offices, and other legally permitted uses incidental thereto, including receiving, storing, shipping, subassembly, kitting, and selling (but specifically excluding retail selling) products, and for such other incidental lawful uses. Tenant shall not conduct any public sale at the Premises, use the Premises as a place of public accommodation under the Americans With Disabilities Act or any other Legal Requirements, or permit any nuisance at the Premises. Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operate automobiles in the basic lease provisions on page 1 of designated automobile parking area. Tenant shall not permit any outside storage (other than as expressly permitted under this Lease), and Tenant shall use the Premises in compliance with all federal, state, and local laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants 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”) Premises (collectively, "Legal Requirements"). Landlord represents and eachwarrants that, a “as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirement”)Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date, or which come into effect after the Commencement Date, and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with such applicable Legal Requirements without cost or expense to Tenant. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project Areas that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related due to Tenant’s 's specific use (as opposed to general industrial/warehouse use) or occupancy occupation of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Lease Agreement (Pfsweb Inc)

Use. The 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 shall be used solely for the Permitted Use set forth specified in the basic lease provisions on page 1 of this LeaseSummary, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use or permit the Premises to be used for any other use or purpose or in any manner that would void Tenant’s or whatsoever without Landlord’s insuranceprior written approval. Tenant shall observe and comply with the Rules and Regulations attached hereto as Exhibit E, increase as the insurance risksame 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 cause the disallowance non-performance by any other tenant or occupant of any sprinkler or other creditssuch Rules and Regulations. Tenant shall not permit any part of use or allow the Premises to be used as a “place of public accommodation”for any improper, as defined in the ADA immoral, unlawful or any similar legal requirementreasonably objectionable purpose. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit do or permit waste, overload the floor or structure of the Premises, subject the Premises to use be done anything that would damage the Premises or will obstruct or interfere with the rights of Landlord or other tenants or occupants of the ProjectBuilding or the Property, including conducting or giving notice of any auction, liquidationif any, or going out of business sale on the Premises, injure or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Projectannoy them. Tenant shall not place cause, maintain or permit any machinery nuisance in, on or equipment weighing 500 pounds or more in or upon about the Premises or transport or move such items through Premises, 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior Building or the exterior of the Premises Property, nor commit or the Project that are required by Legal Requirements (includingsuffer to be committed any waste in, without limitation, compliance of the Premises with the ADA) related to Tenant’s use on or occupancy of about the Premises. Subject to Landlord’s performance 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 its obligations in the Work Lettermarijuana, Tenant shall be responsible for cannabis, cannabis derivatives, or any and all demandscannabis containing substances (“Cannabis”), 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 any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant’s use or occupancy of officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the 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 contrary, any failure b y Tenant 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 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 shall indemnifyis 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, defendsale, hold and save Landlord harmless from and against possession, cultivation and/or distribution of any and all such Claimscontrolled 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: Office/Industrial Lease (iRhythm Technologies, Inc.)

Use. The Premises demised premises shall be continuously used solely by Tenant, but only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the basic lease provisions areas not specifically designated on page 1 Exhibit B (unless such other areas are designated by Landlord to be common parking areas) and the outside storage of this Leaseany property are prohibited without Landlord's prior written consent, and in compliance Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premisesuse of the premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the premises must be altered to the lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the premises to comply, with such laws, ordinances and regulations. 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 such tenants' use of their respective premises or permit any use which would adversely affect the reputation of the building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose (including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”storage of merchandise) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity would render the insurance thereon void or water beyond increase the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premisesinsurance rate thereof, and Tenant shall indemnifyimmediately cease and desist from such use, defend, hold paying all costs and save Landlord harmless expense resulting from and against any and all such Claimsimproper use.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

Use. The Premises Tenant shall be used solely for have the Permitted Use set forth right to use, in common with others so entitled, all common areas associated with the Building and located in the basic lease provisions Building or on page 1 of this Leasethe Property including all hallways, elevator(s), loading dock(s), access ways, walkways, nonexclusive parking area(s), courtyards and in compliance with all lawslandscaped areas, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other creditsif any. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises for general office use and other reasonable uses incidental and related thereto, provided that Tenant shall not use, permit nor suffer anything to be done or anything to be brought into or kept in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct on the Property which in Landlord’s reasonable judgment occasions unreasonable discomfort or interfere with the rights of Landlord or annoyance to any other tenants or occupants of the ProjectBuilding and parking area(s), including conducting if any, or giving notice which may tend to impair the reputation or appearance of the Building or the Property, or tend to interfere with the proper and economic operation of the Building, parking area(s), if any, or the Property by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any auctiongovernmental body. If, liquidationdue to Tenant’s use of the Premises, improvements or going out alterations to the Premises or the Building are necessary to comply with any requirements imposed by law, Tenant shall pay the entire cost of business sale on such improvements or alterations. Landlord shall be responsible for obtaining use and occupancy permits from the local governmental authorities. Tenant covenants that it will move into the Premises promptly at the commencement of the term hereof and will use and occupy the entire Premises throughout the term hereof, and further covenants and agrees that, except temporarily by reason of casualty, taking or loss of access, it will not vacate the Premises, or using or allowing fail to conduct its business therein at any time during the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators term hereof 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 notice to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.

Appears in 1 contract

Samples: Lease Agreement (Ace Comm 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises are to be used only for any general office purposes and for no other business or purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except No act shall be done in or about the Premises that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in insurance premiums resulting from such breach. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant’s office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be provided under necessary to eliminate 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 noise 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. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, disturbance at its sole cost and expense. Tenant shall not without Landlord’s prior consent install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant at its expense, shall make comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any alterations such equipment, machine, device, tank or modifications vessel. Tenant at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the interior or 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 exterior safety, care and cleanliness of the Premises or the Project that Building and for the preservation of good order therein. The current rules and regulations for the Building are required by Legal Requirements (includingattached hereto as Exhibit F. Without limiting the foregoing, without limitation, compliance of the Premises with the ADA) related Tenant agrees to be wholly responsible at Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible sole cost and expense for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages accommodations 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 alterations which need to Tenant’s use or occupancy of be made to the Premises, and Tenant shall indemnifysubject to Landlord approval, defendto comply with the provisions of the Americans With Disabilities Act of 1990, hold and save Landlord harmless from and against any and all such Claimsas amended.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to contractor sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent. Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the commencement Date shall be subject to all obligations of Tenant under Tenant's prior lease, dated June 11, 1992. Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Building (but not the Premises' interior) into compliance with applicable laws as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by Legal Requirements (including, without limitation, compliance applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises with the ADA) related shall be chargeable to Tenant’s use or occupancy , except for structural modifications under Paragraph 10 of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such ClaimsLease.

Appears in 1 contract

Samples: Lease Agreement (Morgan Products LTD)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions on page 1 floor or structure of this Leasethe Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. 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 PremisesPremises (collectively, and to the use and occupancy thereof, including, without limitation, the "Legal Requirements"). The Premises shall not be used as a place of public accommodation under die Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the Act or similar state statutes or local ordinances or any regulations promulgated pursuant theretothereunder, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”)all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific mariner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project 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, defend, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Celerity Group Inc)

Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Landlord hereby represents that so long as Tenant complies with all of the terms and conditions of this Lease and uses the Premises in a manner that does not materially increase the danger of property damage or personal injury, the use of the Premises for the Permitted Use will not result in an increase in the basic lease provisions on page 1 cost of this Leaseinsurance coverage for which Tenant will be responsible (other than through inclusion in Basic Costs). Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in compliance such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the management and operation of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's particular business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any Laws. Tenant will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. Except to the use and occupancy thereofextent properly included in Basic Costs, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, 42 U.S.C. § 12101the right to assert any and all defenses allowed by law and the right to appeal any decisions, et seqjudgments or rulings to the fullest extent permitted by law. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance exhaustion of any sprinkler and all rights to appeal or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA will make all repairs, additions, alterations or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure improvements necessary to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice terms of any auction, liquidation, final order or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsjudgment.

Appears in 1 contract

Samples: Office Lease (United States Exploration Inc)

Use. The Lessee shall use and occupy the Demised Premises for no purpose except (a) purposes related to those for which the Demised Premises is being used as of the Effective Date and/or (b) other lawful purposes consistent with the industrial nature of the Demised Premises. Lessee shall be used solely not use or occupy the Demised Premises for any unlawful purpose, or in any manner that will violate the certificate of occupancy for the Permitted Use set forth in the basic lease provisions on page 1 of this LeaseDemised Premises. Lessee shall, and in compliance at Lessee's expense, comply with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants present and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, future laws (including, without limitation, the Americans With with Disabilities Act), 42 U.S.C. § 12101ordinances (including without limitation, et seq. (together with the regulations zoning ordinances and land use requirements), regulations, orders, recommendations, decisions, and decrees now or hereafter promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance those made by any public or private agency), as any of the Premises with same may be amended from time to time (collectively, "Laws", and individually, ''Law") applicable to Lessee, the ADA) related to Tenant’s use or use, occupancy and condition of the Premises. Subject to Landlord’s performance of its obligations in Demised Premises and the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsbusiness being conducted thereon, and all reasonable expenses incurred machinery, equipment, furnishings, fixtures and improvements on or used in investigating connection with the Demised Premises. If any Law requires any occupancy or resisting use permit or license for the Demised Premises or the operation of the business conducted therein, then Lessee shall obtain and keep current all such permits or licenses at Lessee's expense. Lessee shall deliver to Lessor, promptly upon request, copies of all such licenses and permits. If any Law requires any modification to the Demised Premises, Lessee shall perform such alterations, at its sole cost and expense, in accordance with the applicable terms and conditions of Section 3.2 below. Use of the Demised Premises is subject to all covenants, conditions, easements and restrictions of record, and Lessee shall comply with the same (includingbut not with any of Lessor's obligations for and relating to borrowed money except as provided in this Lease or agreed by Lessee with Lessor’s lender). Lessee shall conduct its business in the Demised Premises in a reputable manner. Lessee shall have the right to erect and maintain directional or Lessee identification signs (but no third party signage such as, without by way of example and not limitation, reasonable attorneys’ feesadvertisements, charges political advocacy, or position statements) in or on the Demised Premises at such place or places as Lessee may choose, subject to all applicable Laws 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 such Claimsordinances.

Appears in 1 contract

Samples: Lease Agreement (LIVE VENTURES Inc)

Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees (collectively, the "Tenant Related Parties") in such a manner as not to interfere with, annoy or disturb other tenants, or in any way interfere with Landlord in the basic lease provisions on page 1 management and operation of this Leasethe Building. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all applicable laws, ordinances, orders, judgmentsrules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, ordinancescondition, regulations, codes, directives, permits, licenses, covenants and restrictions now configuration or hereafter applicable to occupancy of the Premises, including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any Laws. Tenant will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time to time and will cause all Tenant Related Parties to do so. Landlord, at its sole cost and expense (except to the use extent properly included in operating expenses), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act with respect to the Premises and occupancy thereofthe Common Areas of the building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that arise out of the Landlord Work and/or the condition of the Premises prior to the installation of any furniture, equipment and other personal property of Tenant. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Americans With Disabilities Actright to apply for and obtain a waiver or deferment of compliance, 42 U.S.C. § 12101the right to assert any and all defenses allowed by law and the right to appeal any decisions, et seqjudgments or rulings to the fullest extent permitted by law. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of after the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance exhaustion of any sprinkler and all rights to appeal or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”contest, as defined in the ADA will make all repairs, additions, alterations or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure improvements necessary to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice terms of any auction, liquidation, final order or going out of business sale on judgment. Notwithstanding the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letterforegoing, Tenant, at its sole expensenot Landlord, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for the correction of 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 violations that arise out of or in connection with Legal Requirements related to any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant’s use 's business in the Premises (other than general office use), the acts or occupancy omission of Tenant, its agents, employees and contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any design or configuration of the Premises specifically requested by Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all after being informed that such Claimsdesign or configuration may not be in strict compliance with the ADA.

Appears in 1 contract

Samples: Office Lease (First Capital Income Properties LTD Series Xi)

Use. The Premises shall be used solely only for the Permitted Use set forth purpose of receiving, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. 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 in a careful, safe and proper manner and will not commit waste, overload the basic lease provisions 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. Outside storage, including without limitation, storage of trucks and other 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 page 1 and from the Premises overnight at the truck docks of this Leasethe Premises, provided such trucks and trailers are at all times in operable condition and there is no interference with the access of other tenants to the Building parking lots and truck courts. 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, 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”) Premises (collectively, "Legal Requirements” and each, a “Legal Requirement”"). Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s 's or Landlord’s 's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part of the Premises to be used as a “place of public accommodation”, as defined increase in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice cost of any auction, liquidation, or going out of business sale insurance on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required is caused by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s 's use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy occupation of the Premises, and or because Tenant vacates the Premises, then Tenant shall indemnifypay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Notwithstanding anything contained herein to the contrary, defendTenant's obligations hereunder shall relate only to the interior of the Premises and any changes to the Project that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project 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, hold and save Landlord harmless from and against any and all such Claimsexcept for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Innotrac Corp)

Use. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to unreasonably interfere with or unreasonably disturb other tenants or Landlord in the basic lease provisions management of the Property. Tenant will maintain the Premises in a clean and sanitary condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to (i) Tenant’s particular use of the Premises or (ii) any Alterations undertaken by or on page 1 behalf of Tenant or anyone claiming by, through, or under Tenant (but in no event shall the need for compliance be deemed to result from Alterations undertaken by or on behalf of Tenant if non-compliance is merely discovered as a result of such Alterations as opposed to being caused by the Alterations undertaken by Tenant); provided, however, that in no event shall Tenant be responsible for bringing the Premises into compliance with applicable laws, ordinances, orders, rules and regulations of any governmental entity in effect as of the Commencement Date to the extent applicable to the use, condition, configuration or occupancy of the Premises for general and executive offices, generally, as opposed to Tenant’s particular use. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. In the event of a conflict between the rules and regulations and the terms 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 seqterms of this Lease shall control. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant Landlord shall not permit any part of knowingly enforce the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. rules and regulations against Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsdiscriminatory manner.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Use. The (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used solely only for the purpose of receiving, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant in connection with Tenant’s Permitted Use set forth and for such other lawful purposes as may be incidental thereto; however, no retail sales may be made from the Premises except from that portion of the Premises containing no more than 3,000 square feet. Notwithstanding the foregoing, if Landlord is unable to satisfy the parking requirements required by any code, rule, regulation or document of record affecting the Project as a result of Tenant’s use of a portion of the Premises for retail sales, then Tenant shall reduce the size of the portion of the Premises from which retail sales may be made to the extent necessary to bring the Building and Project into compliance with the parking requirements. 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 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. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent; provided, however, Landlord hereby agrees that Tenant may park its operative trucks and trailers in the basic lease provisions area described on page 1 Exhibit K (“Truck Parking Area”) so long as such parking does not: (i) violate any documents of this Leaserecord, including without limitation, any conditions, covenants or restrictions, or (ii) block or interfere with vehicular or pedestrian access to, from or within the Building or Project, including without limitation, other tenants’ access to and from their leased premises or any other portion of the Project. (b) 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, 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”) Premises (collectively, “Legal Requirements” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, upon 5 days’ written notice from Landlordat its expense, discontinue 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 which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal RequirementPremises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit If any part increase in the cost of any insurance on the Premises to be used as a “place of public accommodation”, as defined in or the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise Project is caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure occupation of the Premises, subject then Tenant shall pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, except as expressly set forth herein. (c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time for use that would damage the Premises or obstruct or interfere with the rights and enjoyment of Landlord or other all tenants or and occupants of the ProjectProject (collectively, including conducting or giving notice the “Common Areas”), subject to such reasonable rules and regulations as Landlord may promulgate from time to time which rules and regulations shall not unreasonably interfere with Tenant’s use of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of and the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimsset forth herein.

Appears in 1 contract

Samples: Lease Agreement (Intcomex Holdings, LLC)

Use. The Premises demised premises shall be continuously used solely by Tenant, but only for the Permitted Use set forth purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parking of automobiles, trucks or other vehicles in the basic lease provisions areas not specifically designated on page 1 Exhibit B (unless such other areas are designated by Landlord to be common parking areas) and the outside storage of this Leaseany property (including, without limitation, overnight parking of trucks and in compliance other vehicles) are prohibited without Landlord's prior written consent. Tenant shall comply with all governmental laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants ordinances and restrictions now or hereafter regulations applicable to the Premisesuse of the premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances and regulations, the premises must be altered to the lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or alter the premises to comply, with such laws, ordinances and regulations. 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 such tenant's use of their respective premises or permit any use which would adversely affect the reputation of the building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose (including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”storage of merchandise) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity would render the insurance thereon void or water beyond increase the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premisesinsurance rate thereof, and Tenant shall indemnifyimmediately cease and desist from such use, defend, hold paying all cost and save Landlord harmless expense resulting from and against any and all such Claimsimproper use.

Appears in 1 contract

Samples: Lease Agreement (Ameriquest Technologies Inc)

Use. The Tenant shall use and occupy the Premises shall be used solely for the Permitted Use purposes set forth in the basic lease provisions on page 1 of this Lease, above and in compliance for no other purpose. The Tenant shall comply with all laws, orders, judgmentsand regulations of the Federal, ordinancesState, regulationsand Municipal Governments, codesor any of their departments, directives, and the regulations of the Board of Fire Underwriters governing such use. Tenant shall procure and maintain in force during the Term all permits, licenses, covenants and restrictions now or hereafter applicable to the Premisesauthorizations, and to the licenses necessary for Tenant's business use and occupancy thereof, including, without limitation, operation in 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”)premises. Tenant shall, upon 5 days’ written notice from Landlord, discontinue covenants that neither it nor any use of the Premises which is declared by any Governmental Authority assignee nor subtenant will (as defined in Section 9a) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for dangerous or noxious trade or business, (b) transport to or from, dispose of, use, store, handle, or generate any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section flammable substances or explosives or hazardous or toxic substances in quantities or concentration which are unsafe or otherwise caused by Tenant’s use and/or occupancy of not suitable for the Premises, (the foregoing shall not be construed to prohibit Tenant from using the Premises for reasonable and suitable laboratory purposes, provided accepted laboratory safety procedures and precautions appropriate to the Premises are employed), or (c) cause or maintain any nuisance, waste, or injury to the Premises. Tenant will use shall conform to the Rules and Regulations now or hereinafter established by Landlord, and changed from time to time, for the general safety, care, and cleanliness of the entire Premises; the preservation of good order therein; and the comfort, quiet, and convenience of the other tenants. The Tenant shall not without Landlord's written consent: (a) abandon the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject suffer the Premises to use that would damage become vacant or deserted; (b) assign, mortgage, pledge or encumber this Lease, in whole or in part; (c) underlet or sublet the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claimspart thereof.

Appears in 1 contract

Samples: Lease Agreement (Paracelsian Inc /De/)

Use. The 10.1 Tenant may use the Premises shall for any lawful purpose consistent with (i) CP zoning existing as of the Commencement Date under the Ground Lease or which would be used solely for permitted under MP zoning regulations as modified by Exhibit "I" to the Permitted Use set forth in the basic lease provisions on page 1 of this Ground Lease, and in compliance with all except for residential or heavy industrial use, or for use primarily for manufacturing, laboratories, cocktail lounges or outdoor storage or for use as a service station or warehouse, except that warehouse use incidental to any other use permitted hereunder shall not violate this Section 10.1; (ii) any other applicable laws, orders, judgmentsregulations, ordinances, regulations, codes, directives, permits, licenses, covenants permits and restrictions now or hereafter approvals applicable to the Premises; and (iii) all covenants, conditions and restrictions recorded against the Real Property as of the date this Lease is executed, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will shall not use the Premises, or permit or suffer the Premises to be used used, for any other purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except Landlord warrants that, as may be provided of the date this Lease is executed and as of the Term Commencement Date, Tenant's intended use of the Premises as an internet service provider and diversified computer sales, services and training company, including office, administrative, marketing, software development, research development and other activities related thereto, are permitted uses under the Work Letterzoning regulations mentioned above and, to the best of Landlord's knowledge, under other applicable laws, regulations, ordinances, permits and approvals applicable to the Premises. Landlord represents and warrants that there are no covenants, conditions and restrictions on the Real Property which will interfere with Tenant's intended use of the Premises. 10.2 Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilationcompliance with all federal, air exchangestate, heatingand local laws, gasregulations, steamordinances, electricity or water beyond the existing capacity of the Project as proportionately allocated requirements, permits and approvals applicable to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible not use or occupy the Premises in violation of any law or regulation, or the certificate of occupancy issued for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgmentsthe Building, and all reasonable expenses incurred in investigating or resisting the same shall, upon five (including5) days' written notice from Landlord, 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 discontinue any and all such Claimsuse.

Appears in 1 contract

Samples: Lease (Globix Corp)

Use. The Premises shall be used solely and occupied only for the Permitted Use set forth in the basic lease provisions on page 1 of this Leasegeneral 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 on the Premises Delivery Date in compliance comphance with all lawsLaws, 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, including without limitation, limitation the Americans With with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” Act and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority all Environmental Requirements (as defined in Section 9Paragraph 5.2(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) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit year after the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase Delivery Date (the insurance risk, or cause "Warranty Period"). After the disallowance of any sprinkler or other credits. Tenant shall not permit any part expiration of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work LetterWarranty Period, Tenant, at its sole expense, shall make any alterations or modifications comply with all present and future Laws relating to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (includingcondition, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of 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 shall not do, bring, keep or sell anything in or about the Premises 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 the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb any occupant of property adjacent to the Property. Without limiting the foregoing, the Premises shall not be used for educational activities (other than Tenant's internal training sessions), practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for a personnel agency, studios for radio, television or other media, travel agency or reservation center operations or uses for any church or manufacturing use. Tenant shall not, without the prior consent of Landlord, (i) bring onto the Property anything that may cause substantial noise, odor or vibration, overload the floors in the Work LetterBuilding or any of the Building Systems, or jeopardize the structural integrity of the Building or any part 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, 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 contraiy in this Lease, Tenant shall not be responsible for required to comply with or cause the Premises to comply with any and all demands, claims, liabilities, losses, costs, expenses, actions, causes Laws or insurance requirements requiring the construction 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 alterations unless such compliance is necessitated solely due to Tenant’s 's particular use or occupancy of the Premises, and Premises or any alterations performed by Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all such Claims.after completion of the Tenant Improvements. 11 WEST\225501828.8

Appears in 1 contract

Samples: Sublease (eHealth, Inc.)

Use. A. The Premises shall be used solely for the Permitted Use set forth and for no other purpose. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or disturb other tenants or Landlord in the basic lease provisions on page 1 management of this Leasethe Property. Tenant will maintain the Premises in a clean and healthful condition, and in compliance comply with all laws, ordinances, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter applicable regulations of any governmental entity with reference to the Premisesuse, and to the use and occupancy thereofcondition, 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, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use configuration or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without and shall not allow its employees, agents, contractors or invitees, to bring into the prior written consent of Landlord, use Building or the Premises in any manner which will require ventilationdangerous or hazardous materials, air exchangeexcept for customary office and cleaning supplies, heatingprovided Tenant uses, gas, steam, electricity or water beyond the existing capacity stores and disposes of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Usesame in compliance with all applicable law. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and uniformly enforced against all tenants at the Property, and Tenant will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall make be sent by Landlord to Tenant in writing, will not diminish Tenant’s rights under this Lease, and will not prohibit Tenant from conducting its business for the uses permitted by this Lease in a commercially reasonable manner. In the event of a conflict between the rules and regulations and the terms of this Lease, the terms of this Lease shall control. Landlord shall not knowingly enforce the rules and regulations against Tenant in a discriminatory manner. B. Tenant represents, warrants, covenants and agrees that, except as otherwise provided herein, Tenant and its employees, agents, contractors and/or invitees (i) will not (a) use, introduce or maintain any alterations hazardous or modifications to the interior toxic chemical, material, substance or the exterior waste (collectively, “Hazardous Materials”) in, on, under or about any portion of the Premises or the Project that are required by Legal Requirements Building or (including, without limitation, compliance of b) conduct any activity or activities in or on the Premises or the Building involving, directly or indirectly, the use, generation, treatment, storage, disposal or release of any Hazardous Materials and (ii) shall not be, nor permit the Premises to be, in violation of any applicable local, state or federal environmental laws, statutes or ordinances (or the rules and regulations promulgated thereunder) (“Environmental Laws”); provided that Tenant may use customary office and cleaning supplies and the lab set forth above (including a few small tanks of inert gases for use with the ADA) related to some of Tenant’s use or occupancy of the Premises. Subject to Landlord’s performance of its obligations equipment) in the Work Letterdefinition of Permitted Use so long as the same are used, Tenant shall be responsible for any stored and all demands, claims, liabilities, losses, costs, expenses, actions, causes disposed of action, damages or judgmentsin compliance with, and in quantities not reportable under, all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges applicable Environmental Laws. Tenant indemnifies Landlord and disbursements its lenders 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 them harmless from and against any and all such Claimsloss, cost, damage, liability and expense arising in connection with any breach by Tenant of any of the representations, warranties, covenants and agreements set forth herein. The provisions of this paragraph shall survive the expiration or earlier termination of the Lease. C. Notwithstanding anything to the contrary set forth above, Tenant shall have no liability for any Hazardous Materials located on the Property which existed in the Premises on the date of Tenant’s possession thereof unless the same were introduced by Tenant or any of its officers, directors, employees, managers, agents, invitees or contractors. Landlord shall be responsible for removing any Hazardous Materials located on or in the Premises in violation of Environmental Laws on the date of Tenant’s possession thereof unless the same were introduced by Tenant or any of its officers, directors, employees, managers, agents, invitees or contractors.

Appears in 1 contract

Samples: Office Lease Agreement (Lpath, Inc)

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