Common use of USES PROHIBITED Clause in Contracts

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 3 contracts

Samples: Building Lease (LFTD Partners Inc.), Building Lease (LFTD Partners Inc.), Building Lease (LFTD Partners Inc.)

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USES PROHIBITED. Tenant shall not use, or permit the Premises Demised Premises, or any part thereof thereof, to be used, used for any purpose or purposes other than as specified the express purpose or purposes for which the Demised Premises are hereby leased pursuant to Section 1.11 hereinabove or carry on its business other than under the trade name designated in Section 1 of this Lease1.4. No use shall be made or permitted to be made of the Demised Premises, nor acts done, which will is obnoxious to, out of harmony with, or objectionable to the development or operation of the Demised Premises and/or adjoining properties, including, without limitation, the following prohibited activities, occurrences and uses: (i) no merchandise shall be displayed or sold outside the enclosed building areas on the Demised Premises; nor shall any use other than parking and landscaping, be made of any outside areas; (ii) no solicitation of any kind, distribution or handbills or other materials, parading, rallying, patrolling, picketing, demonstrating or similar conduct shall be permitted outside the enclosed building areas on the Demised Premises; (iii) no loudspeakers or other sound which may be heard or experienced outside the enclosed building areas on the Demised Premises and no nuisance, incineration, during on or adjacent to the Demised Premises, explosion, obnoxious odor or obnoxious noise shall be permitted; (iv) no auction, fire, bankruptcy, going out of business or similar sale shall be conducted or advertised; (v) nothing shall be done which shall be injurious to the Demised Premises or adjoining properties or unlawful or contrary to public policy or to a law, ordinance, regulation or requirement of any public authority, or would constitute an extra hazardous use, or would violate, suspend or void any policy of insurance required to be carried on the Demised Premises or which would increase the existing rate of insurance upon thereon; (vi) no use shall be made of the Buildingsidewalk area on the Demised Premises other than pedestrian movement; (vii) there shall not be permitted the use by the public, as such, of the Demised Premises or any part thereof without restriction or in such manner as might reasonably tend to impair the Landlord's title to the Demised Premises or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or cause a cancellation of implied dedication of the Demised Premises or any part thereof; (viii) no act or omission of the Tenant shall permit any lien or encumbrance of any kind whatsoever to attach to the Demised Premises; (ix) no act or omission which would constitute a breach, or event which with passage of time, notice of either of them, would constitute a breach of any recorded documents; (x) no sale of any so-called "surplus" "Army and Navy," or "secondhand" goods or drug paraphernalia or "head-shop" goods, as those terms are generally used at this time and from time to time hereinafter, shall be conducted on or from the Demised Premises; and (xi) no use shall be made or permitted which conflicts with any recorded document or restrictive use covenant. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Demised Premises: (a) pornographic or sexually explicit books, magazines, literature, films or other printed material, sexual paraphernalia, or other material which would be considered lewd, obscene or licentious, (b) any use which may be prohibited by standard forms of fire insurance policy covering policies, or (c) any alcoholic beverages unless expressly permitted by Section 1.11 hereof. Tenant shall not use, or permit to be used, the BuildingDemised Premises, or any part thereof, nor for the installation or on-premises use of any vending machine, gaming machine or video or arcade game unless expressly permitted by this Lease. No use shall be made or permitted which conflicts with any recorded document. Tenant sellshall, at Tenant's sole cost, comply with any and all requirements, pertaining to the use of the Demised Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the building of which the Demised Premises are a part and appurtenances. In the event Tenant's use of the Demised Premises results in a rate increase for any building within the Shopping Center, or permit to be keptthe parking and common areas, used or soldTenant shall pay annually on the anniversary date of this Lease, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibitedrent, a sum equal to that of the additional premium occasioned by said rate increase. Tenant shall not commit commit, or suffer to be committed, any waste upon the Demised Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality or occupant of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoingShopping Center. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable localnot, state without Landlord's prior written consent, display or sell merchandise outside the defined exterior walls and federal environmental rules, regulations, statutes and laws for the preceding year. At the request permanent doorways of the Landlord, Demised Premises. Tenant shall submit not conduct or permit to be conducted any sale by auction in, upon or from the LandlordDemised Premises, or shall make available for inspection and copying upon reasonable notice and at reasonable timeswhether said auction be voluntary, any or all of the documents and materials prepared by or for Tenant involuntary, pursuant to any environmental law assignment for the payment of creditors, or regulation or submitted pursuant to any governmental regulatory agency in conjunction therewithbankruptcy or other solvency proceeding nor display any "going out of business" or similar sign. However, Tenant shall immediately notify Landlord in writingnot advertise, solicit business or give out literature or materials within the parking and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition common areas of the Premises or compliance with environmental laws at the Premises. Upon reasonable Shopping Center without Landlord's prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofwritten consent.

Appears in 2 contracts

Samples: www.sec.gov, Standard Lease (Stellar Biotechnologies, Inc.)

USES PROHIBITED. Tenant shall not use, do or permit the Premises or any part thereof anything to be used, for any purpose done in or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of about the Premises, nor acts doneor sell or bring or keep or permit to be kept anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the BuildingBuilding or any of its contents, or cause a cancellation of any insurance policy covering the BuildingBuilding or its contents. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Premises of any insurance organization or any part thereof, nor company necessary for the maintenance of the fire and public liability insurance covering the Premises. Tenant shall Tenant sell, not do or permit anything to be kept, used or sold, done in or about the Premises, Premises which will in any article which may be prohibited by Landlord’s insurance policies. The sale way obstruct or serving interfere with the rights of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and other tenants or occupants of the management agent as additional insured is hereby prohibited. Tenant shall not commit Building or suffer to be committed, any waste upon the Premisesinjure or annoy them, or any public use or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or hazardous or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, purposes and Tenant further agrees to promptly cure shall not cause, maintain or permit any such violation at its own expensenuisance in, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities on or obligations incurred as a result of any violation of any of about the foregoingPremises. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for not change the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition use of the Premises in any way that will result in a conflict with any other lease of premises in the Building. No loudspeakers or compliance with environmental laws any other similar device, system or apparatus which can be heard or experienced outside the Premises shall, without the prior written approval of Landlord, be used in or at the Premises. Upon reasonable prior notice to Tenant, Landlord Tenant shall have reasonable access not use the Premises for the operation of a store or otherwise for the sale of merchandise to the Premises public. In no event shall Tenant conduct or permit to inspect the same to confirm that the Tenant is using be conducted in or from the Premises in accordance with localany sale by auction, state and federal environmental rulesor any fire, regulationsdistress, statutes and lawsgoing-out-of-business or bankruptcy sale. Tenant shallshall not place or install in or about the Premises or the Building any vending machines (other than for use by Tenant's employees), at newspaper racks or other coin-operated or similar devices, nor shall Tenant place or permit portable signs or any other objects or devices in or about the request Premises or the Building. Tenant shall not in any manner solicit or authorize any solicitation in any portion of the Common Area. Tenant agrees immediately upon the discovery of any unlawful, illegal, disreputable or extra hazardous use, to take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any subtenants, occupants or other persons guilty of such unlawful, illegal, disreputable, or extra hazardous use. Tenant shall indemnify, defend and save Landlord harmless against and at the Tenant’s expensefrom all costs, conduct such testing expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all localdemands, state including reasonable legal fees and federal environmental rulescosts, regulationsarising out of, statutes and lawsby reason of, provided howeveror on account of, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in any violation of or default in the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies covenants of reports of any such tests shall be provided to the Landlordthis paragraph. The provisions within of this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to are for the benefit of Landlord only and are not nor shall they be construed to be for the parties hereto, their respective successors and assigns, and mortgagees thereofbenefit of any tenant or occupant of the Building.

Appears in 2 contracts

Samples: Lease (Daily Journal Corp), Lease (Daily Journal Corp)

USES PROHIBITED. Tenant shall not use, or permit the Premises demised premises or any part thereof to be used, for any purpose or purposes other than the purpose for which the demised premises are hereby leased as specified set forth in Section 1 of this Lease. No 1.3 above; and no use shall be made or permitted to be made of the Premisesdemised premises, nor acts done, which will increase the existing rate of insurance upon the BuildingBuilding (once said rate is established), or cause a cancellation of any insurance policy covering the Buildingsaid, Building or any part thereof, nor shall Tenant sell, sell or permit to be kept, used or sold, sold in or about the Premises, demised premises any article which may be prohibited by Landlord’s standard form of insurance policies. The sale or serving For purposes hereof, the use of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent demised premises by Tenant as additional insured is hereby prohibited. Tenant shall not commit or suffer to contemplated in Section 1.3 above will not, per se, be committed, a use which will cause the cancellation of any waste upon insurance policy covering the Premises, Building or any public part thereof or private nuisance or other act or thing constitute a use which may disturb will increase the quiet enjoyment existing rate of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations insurance on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs Building (including reasonable attorneys’ fees and expensesonce said rate is established), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at its sole cost, comply with any and all requirements (pertaining to the request use of the Landlord demised premises) of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the demised premises and appurtenances. Notwithstanding anything to the contrary contained herein, except as provided below in this Article, there shall not be sold, leased, licensed or otherwise conveyed, or permitted to be sold, leased, licensed or otherwise conveyed, at retail, any merchandise or services in or from the demised premises, excluding (i) Tenant’s expense's fixtures, equipment or property which are not stock in trade, and (ii) food, beverage and cigarette sales made through vending devices on the demised premises. For purposes of this restriction, "at retail" shall mean the sale, lease, license or other conveyance of merchandise or services to ultimate consumers. Notwithstanding the foregoing, Tenant shall be permitted to conduct such testing and analysis as is necessary to ascertain whether sales at retail from the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and lawsdemised premises, provided however, Landlord that such sales shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be occur more than once in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease calendar quarter and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofnot last for more than three (3) consecutive days at any time.

Appears in 1 contract

Samples: Lease (Wet Seal Inc)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leasethe Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the BuildingPremises, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies (to extent Tenant is notified of such policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited). Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Buildingnuisance, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, which specifically exclude the Permitted Uses. Tenant agrees at all times to cause its operations on business within the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to environmental protection, health, and safety. Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore shall, subject to and in accordance with Section 17.K hereof, defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), ) damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon within ten (10) business days after request of Landlord certify in writing that its operations are it is in compliance with Environmental Laws applicable local, state and federal environmental rules, regulations, statutes and laws for to the operation of its business within the Premises or the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation Environmental Laws or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with localEnvironmental Laws upon reasonable advance notice to Tenant, state accompanied by Tenant and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the without interference with Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlordbusiness operations. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

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

USES PROHIBITED. (a) Tenant shall not use, do or permit anything to be done in or about the Premises or any part thereof the Building, or bring or keep or permit to be usedbrought or kept anything in or about the Premises or Building, for which is prohibited by any purpose or purposes other than Law (as specified defined in Section 1 of this Lease. No use shall be made 6.3(b) below), or permitted to be made of the Premiseswhich is prohibited by, nor acts done, which or will in any way increase the existing rate of insurance upon the Buildingof, or cause a cancellation of of, or otherwise affect any fire or other insurance policy covering on the Building, or any part thereof, nor or any of its contents. (b) Tenant shall Tenant sellat its sole cost and expense promptly comply with all applicable covenants, conditions and restrictions now or hereafter affecting the Premises, or the Building, or the Property, with all laws, rules, ordinances, regulations, directives and requirements of all federal, state, county and municipal authorities having jurisdiction over the Premises, or the Building, or the Property (“Laws”), including without limitation those relating to health, safety, noise, environmental protection, waste disposal, water and air quality, and other environmental matters, and the use, storage and disposal of Hazardous Materials, as such term is defined in Section 6.4(a) below. Tenant shall at all times comply with the certificate of occupancy for the Premises or the Building and shall not permit anything to be keptdone on the Premises in violation thereof. Upon written demand, used Tenant shall discontinue any use of the Premises in violation of any covenants, conditions and restrictions, or soldof any Law or of the certificate of occupancy. (c) Tenant shall not do or permit anything to be done in, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, noror the Property which will in any way obstruct or interfere with the rights and quiet enjoyment of, without limiting the generality or otherwise injure or annoy other tenants or occupants of the foregoingBuilding, shall Tenant or the tenants or occupants of any neighboring or adjacent buildings or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. , nor shall Tenant agrees at all times cause, maintain or permit any nuisance in, on, or about the Premises, the Building, or the Property, nor use or permit to cause its operations on be used, any loudspeaker, or other device, system or apparatus which can be heard outside the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation without the prior written consent of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall not commit or suffer to be committed any waste in or upon request of Landlord certify in writing that its operations are in compliance with applicable localthe Premises, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the LandlordBuilding, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewithProperty. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.6.4

Appears in 1 contract

Samples: www.sec.gov

USES PROHIBITED. Tenant TENANT shall not use, or permit the Premises PREMISES or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the PremisesPREMISES, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant TENANT sell, or permit to be kept, used or sold, in or about the PremisesPREMISES, any article which may be prohibited by Landlord’s LANDLORD'S insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant TENANT shall not commit or suffer to be committed, any waste upon the PremisesPREMISES, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant TENANT allow the Premises PREMISES to be used for any improper, immoral, unlawful or objectionable purpose. Tenant TENANT agrees at all times to cause its operations on the Premises PREMISES to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant TENANT further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify LandlordLANDLORD, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable 7 attorneys' fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant TENANT shall upon request of Landlord LANDLORD certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the LandlordLANDLORD, Tenant TENANT shall submit to the LandlordLANDLORD, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant TENANT pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord LANDLORD shall have reasonable access to the Premises PREMISES to inspect the same to confirm that the Tenant TENANT is using the Premises PREMISES in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant TENANT shall, at the request of the Landlord LANDLORD and at the Tenant’s TENANT's expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant TENANT is using the Premises PREMISES in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord LANDLORD shall not request that Tenant TENANT conduct such tests unless Landlord LANDLORD has a reasonable suspicion that Tenant TENANT may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant TENANT and subject to Landlord’s LANDLORD's reasonable approval. Copies of reports of any such tests shall be provided to the LandlordLANDLORD. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees mortgages thereof.

Appears in 1 contract

Samples: Quotesmith Com Inc

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant Txxxxx further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant Txxxxx shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Building Lease (LFTD Partners Inc.)

USES PROHIBITED. Tenant shall not use, do or permit anything to be done in nor about the Premises or any part thereof to be used, for any purpose bring or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, keep anything therein which will in any way increase or affect the existing rate of any fire or other insurance policy upon the Premises or the Building, or cause a cancellation of any such insurance policy covering said Premises, nor which will in any way obstruct or interfere with the Building, right of other tenants or any part thereofoccupants of the Building or injure or annoy them, nor shall the Tenant sell, use or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful unlawful, objectionable or objectionable offensive purpose. , nor shall Tenant agrees at all times to cause its operations cause, maintain or suffer or permit any ??? on or about the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoingPremises. Tenant shall not commit or allow to be committed any waste in or upon request of Landlord certify in writing that its operations are in compliance with applicable local, state the Premises and federal environmental rules, regulations, statutes and laws for shall refrain from using or permitting the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition use of the Premises or compliance with any portion thereof as living quarters, sleeping quarters or for lodging purposes. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything thereon that is or will constitute or create a hazardous waste or substance or violate any environmental laws at law. Tenant will indemnify and hold the Landlord harmless from any and all damages related to the Tenant's introduction to, or creation of, hazardous waste on the Premises. Upon reasonable prior notice Tenant shall advise Landlord in writing immediately of any environmental concern related to Tenant, 's use and occupancy of the Premises brought to Tenant's attention by any private party or governmental agency or official. Landlord shall have reasonable access the right to the Premises remedy any environmental problem and to inspect the same conduct any environmental tests reasonably necessary to confirm that the discover a hazardous waste or other environmental problem and Tenant shall be liable for all costs and expenses related to such tests or remedial action if a hazardous waste or environmental problem created by Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary found to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofexist.

Appears in 1 contract

Samples: Commercial Lease (Freei Networks Inc)

USES PROHIBITED. The premises and all buildings and improvements thereon shall, during the term of this lease, be used only and exclusively for the purposes set fort in Article 1, Section 3, and no part of the premises or improvements thereon shall be used in any manner whatsoever for any purposes in violation of the laws, ordinances, regulations or orders of the United States, or of the State, County and/or City where the premises are located, or of any duly constituted subdivision, department or board thereof. Tenant shall not use, knowingly use or permit occupy the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, premises or any part thereof, nor or suffer or permit the same to be used or occupied for any business or purpose deemed extra hazardous on account of fire or otherwise: and if by reason of the use and occupancy of the premises, the policy covering the premises (Fire Insurance, Extended Coverage or Liability) is to be canceled or the rate of said insurance shall be increased, the Landlord shall have the option of terminating this lease, or on demand, Tenant sellwill pay to Landlord the amount of such increase (but such increase in the rate of insurance shall not be deemed a breach of this covenant by Tenant). Tenant covenants and agrees that Tenant will not create or maintain, or permit others to be keptcreate or maintain, used any nuisances, including without limiting the foregoing language, loud noises, sound effects, offensive odors, smoke or sold, dust in or about the Premisesleased premises, any article which may be prohibited by Landlord’s insurance policies. The sale Tenant shall comply in all respects with all applicable federal, state and local laws, rules regulations and orders including without limitation, those relating to pollution, reclamation or serving protection of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibitedenvironment, including laws relating to emissions, discharges, releases or threatened releases of pollutants, contaminants, or hazardous or toxic materials or waste into the air, water, or land, or otherwise relating to the manufacture, processing distribution, use, treatment, storage disposal, transport or handling of pollutants, contaminants or hazardous or toxic materials or wastes. Tenant shall not commit indemnify, defend and hold Landlord harmless from and against any loss, cost damage or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlordincluding without limitation, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ attorney's fees and expenses)costs of site investigation and clean up, damages, responsibilities incurred by or obligations incurred imposed upon landlord as a result of any violation the breach by Tenant of any of the foregoing. Tenant shall upon request of Landlord certify its obligations in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofArticle 4.

Appears in 1 contract

Samples: Lease (Chattem Inc)

USES PROHIBITED. Tenant shall not use, do or permit anything to be done in or about the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, Premises (unless Tenant shall pay any increased premium as a result of such use or acts) or cause a the cancellation of any insurance policy covering the Building, said Premises or any part thereofbuilding of which the Premises may be a part, nor shall Tenant sell, sell or permit to be kept, used or sold, sold in or about the Premises, said Premises any article articles which may be prohibited by Landlord’s insurance policiesa standard form policy of fire insurance. The sale Tenant shall not do or serving permit anything to be done in or about the Premises which will obstruct or interfere with the rights of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and other tenants or occupants of any building of which the management agent as additional insured is hereby prohibitedPremises may be a part or injure or annoy them or use or allow the Premises to be used for any unlawful, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed, committed any waste in or upon or about the Premises. Tenant shall not dispose of nor otherwise allow the release of any hazardous waste or substance in, on or under the Premises, any improvements placed thereon or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality adjacent property. Landlord's Initials /s/ Tenant's Initials /s/ Tenant represents and warrants to Landlord that Tenaxx'x xntended use of the foregoingPremises does not involve the use, shall Tenant allow the Premises to be used for any improperproduction, immoral, unlawful disposal or objectionable purpose. Tenant agrees at all times to cause its operations bringing on the Premises of any hazardous waste or substance of types other than, or in quantities in excess of, those normally incident to the use of the Premises for general office use. For purposes of this Lease the term "hazardous waste or substance" shall mean any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) by any federal, state or local statute regulation, rule or ordinance now or hereafter in effect. Tenant shall not use the Premises or permit anything to be done in compliance or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements or duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Tenant shall at its sole cost and expense promptly comply with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinancesordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and rules and regulations, so that no clean-up claim with the requirements of any board of fire underwriters or other obligation similar body now or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries hereafter constituted relating to or affecting the condition condition, use or occupancy of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to TenantThe judgment of any court of competent jurisdiction, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall have reasonable access to the Premises to inspect the same to confirm be conclusive of that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the fact as between Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Lease Agreement (Optiva Corp /Wa/)

USES PROHIBITED. Tenant shall not use, do or permit anything to be done in or about the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, Premises (unless Tenant shall pay any increased premium as a result of such use or acts) or cause a the cancellation of any insurance policy covering the Building, said Premises or any part thereofbuilding of which the Premises may be a part, nor shall Tenant sell, sell or permit to be kept, used or sold, sold in or about the Premises, said Premises any article articles which may be prohibited by Landlord’s insurance policiesa standard form policy of fire insurance. The sale Tenant shall not do or serving permit anything to be done in or about the Premises which will obstruct or interfere with the rights of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and other tenants or occupants of any building of which the management agent as additional insured is hereby prohibitedPremises may be a part or injure or annoy them or use or allow the Premises to be used for any unlawful, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed, committed any waste in or upon or about the Premises. Tenant shall not dispose of nor otherwise allow the release of any hazardous waste or substance in, on or under the Premises, any improvements placed thereon or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality adjacent property. Tenant represents and warrants to Landlord that Tenaxx'x xntended use of the foregoingPremises does not involve the use, shall Tenant allow the Premises to be used for any improperproduction, immoral, unlawful disposal or objectionable purpose. Tenant agrees at all times to cause its operations bringing on the Premises of any hazardous waste or substance of types other than, or in quantities in excess of, those normally incident to the use of the Premises for general office use. For purposes of this Lease the term "hazardous waste or substance" shall mean any substance, waste or material defined or designated as hazardous, toxic or Landlord's Initials SE Tenant's Initials MS dangerous (or any similar term) by any federal, state or local statute regulation, rule or ordinance now or hereafter in effect. Tenant shall not use the Premises or permit anything to be done in compliance or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements or duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Tenant shall at its sole cost and expense promptly comply with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinancesordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and rules and regulations, so that no clean-up claim with the requirements of any board of fire underwriters or other obligation similar body now or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries hereafter constituted relating to or affecting the condition condition, use or occupancy of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to TenantThe judgment of any court of competent jurisdiction , whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall have reasonable access to the Premises to inspect the same to confirm be conclusive of that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the fact as between Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Lease Agreement (Optiva Corp /Wa/)

USES PROHIBITED. Tenant shall not use, do or permit the Premises or any part thereof anything to be used, for any purpose done in or purposes other than as specified in Section 1 of this Lease. No use shall be made about the Leased Premises nor bring or permitted to be made of the Premises, nor acts done, keep anything therein which will in any way increase the existing rate of of, or affect, any fire or other insurance upon the BuildingLeased Premises or the building of which the Leased Premises are a part, or cause a cancellation of any insurance policy covering the Building, Leased Premises or building or any part thereof, nor thereof or any of its contents. Tenant shall Tenant sell, not do or permit or suffer anything to be kept, used or sold, done in or about the PremisesLeased Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of University Village or injure or harass them, any article which may be prohibited by Landlord’s insurance policies. The sale nor shall the Tenant use or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Leased Premises to be used for any improperpurpose which is objectionable or offensive in Landlord’s reasonable judgment or is unlawful. If Tenant permits or engages in any activity which, immoralin Landlord’s reasonable judgment, unlawful is objectionable, offensive or objectionable purposeotherwise constitutes a nuisance to the customers or other tenants of University Village, Tenant shall, within thirty (30) days after written notice from Landlord, discontinue such practice. Tenant’s failure to comply shall constitute a default under this Lease and entitle Landlord to pursue its remedies for default or, in the alternative, perform such work required on behalf of Tenant and recover, as Additional Rent, the cost thereof, plus interest thereon at the Default Rate on the first day of each month, commencing on the date due through the date of payment. Such Additional Rent shall become due and payable to Landlord twenty (20) days following completion of the work and delivery of an invoice for same to Tenant. Tenant agrees at all times to cause its operations on shall not use, occupy, suffer or permit any portion of the Leased Premises to be used as an office (other than incidental office use in compliance connection with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expensesPermitted Uses), damagesliving, responsibilities sleeping or obligations incurred as a result of any violation of any of the foregoinglodging quarters. Tenant shall upon request of Landlord certify not display any merchandise or sign outside the Leased Premises or in any way obstruct the malls or sidewalks adjacent thereto or otherwise solicit business within the Common Areas except as specifically allowed in writing that its operations are in compliance with applicable localby Landlord. Landlord reserves and retains the right not to approve or consent to any proposed exterior display of goods or signs. Tenant shall not, state and federal environmental ruleswithout the prior written consent of Landlord, regulations, statutes and laws use the name of University Village for any purpose other than the preceding year. At the request address of the LandlordLeased Premises. In any event, Tenant shall submit not acquire any rights in or to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofname.

Appears in 1 contract

Samples: University Village (J Crew Operating Corp)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leasethe Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s 's insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant Tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant Xxxxxx agrees at all times to cause its operations on the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules roles and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and safety. Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys' fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rulesroles, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rulesroles, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s 's expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s 's reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. Landlord shall give Tenant at least twenty (24) hours notice prior to any inspection or entry on the Premises, except in an emergency, when no notice shall be required. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Lease (Improvenet Inc)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than the Permitted Use as specified in Section 1 the Lease Schedule. If Tenant uses the Premises for any use inconsistent with the provisions of this Lease, without the prior written permission of Landlord and the Community, and such misuse continues for more than thirty (30) days following notice of default from Landlord, the use will constitute a default and breach of this Lease. No additional use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the BuildingPremises, or any part thereofthereof in effect on the Commencement Date, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s commercially reasonable insurance policies. The sale If any additional use made or serving permitted to be made to the Premises, or acts done by Tenant, result in an increase in the existing rate of alcoholic beverages without insurance upon the Premises, such additional cost shall be borne solely by Tenant. Landlord hereby acknowledges and agrees that no increase in the cost of Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and insurance or cancellation of any insurance policy covering the management agent as additional insured is hereby prohibitedPremises shall result from Tenant’s use of the Premises for the Permitted Use of the Premises. Tenant shall not commit or suffer to be committed, any material waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the BuildingRiverwalk Project, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to use commercially reasonable efforts to cause its operations on the Premises to be operated in material compliance with all federal, tribal, Community, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and safety (collectively, “Laws”). Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify LandlordLandlord Indemnitees, its Agents for, from and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for against any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations Losses incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are it is in material compliance with applicable local, state and federal environmental rules, regulations, statutes and laws Laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, Indemnitees and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord their respective representatives shall have reasonable access to the Premises at all reasonable times to inspect inspect, at their expense, the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and lawsall Laws. Tenant shall, at the request of the Landlord and at the TenantLandlord’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A TRIPLE ASTERISK (***). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. all local, state and federal environmental rules, regulations, statutes and lawsLaws, provided however, (i) Landlord shall not request that Tenant conduct such tests unless required by the Community or if Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rulesLaws, regulationsand (ii) if Tenant is found to be in violation, statutes Tenant shall reimburse Landlord for the actual and lawsreasonable costs of such testing and analysis. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, the Master Lessor, the Community, the Secretary and their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Medicis Pharmaceutical Corp

USES PROHIBITED. Tenant 8. Lessee shall not usecommit, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in or around the Buildingbuildings in which the Premises may be located, noror allow any sale by auction upon the Premises, without limiting the generality of the foregoing, shall Tenant or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, or place any loads upon the floor, walls, or roof which endanger the structure, or place any harmful liquids in the drainage system of the building. Tenant agrees at all times No waste materials or refuse shall be dumped upon or permitted to cause its operations on remain upon any part of the Premises outside of the building proper. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the buildings proper. ALTERATIONS AND ADDITIONS 9. Lessee shall make no alterations, additions or improvements to the Premises or any part thereof (collectively “Alterations”) without first obtaining the prior written consent of the Lessor; provided, however, Lessee may, without Lessor’s consent, make Alterations which (a) do not affect the structure, systems or exterior appearance of the Premises, (b) do not require a building permit, and (c) have a total cost of less than Ten Thousand Dollars ($10,000). All Alterations requiring Lessor’s consent shall be in accordance with plans and specifications approved by Lessor. All Alterations shall be carried out by a reputable licensed contractor and in compliance with all federal, state, local or municipal environmental protection agency health and safety applicable laws, statutescodes, ordinances, and rules and regulations. The Lessor may impose as a condition to the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s reasonable discretion, so including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Upon written request of Lessor at the time it consents to an Alteration (or at any time prior to expiration of the Lease as to Alterations that no clean-up claim do not require Lessor’s consent hereunder), Lessee will remove any or all Alterations installed by or for Lessee upon the expiration or earlier termination of the Lease. All Alterations not specified to be removed shall at the expiration of earlier termination of the Lease become the property of the Lessor and remain upon and be surrendered with the Premises. All of Lessee’s movable furniture, business and trade fixtures, and machinery and equipment shall remain the property of the Lessee and may be removed by the Lessee at any time during the Lease term when Lessee is not in default hereunder, provided that movable equipment owned by Lessee may be removed by Lessee at any time. Items which are not to be deemed as movable furniture, business and trade fixtures, or machinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other obligation or responsibility arises from a violation installation which has become an integral part of the Premises. The Lessee will give the Lessor five (5) business days notice prior to the commencement of any Alterations work and will at all times permit notices of non-responsibility to be posted and to remain posted until the completion of Alterations. (See Paragraph 39) MAINTENANCE 10. Lessee shall, at Lessee’s sole cost, keep and maintain the Premises and appurtenances and every part thereof, including but not limited to, glazing, plumbing, and electrical systems, and all components of the interior of the Premises in good order, condition, and repair. Lessor shall, at Lessor’s sole cost and expense, maintain the structural integrity of the exterior walls, and structural portions of the roof, foundations and floors, except that Lessee shall pay, as additional rent, the cost of any repairs or replacements necessitated by the negligence or wrongful act of the Lessee or Lessee’s agents or employees. Notwithstanding the foregoing, Lessor shall, at Lessee’s sole cost and Tenant further agrees to promptly cure any such violation at its own expense, maintain, repair and (if necessary in the judgment of Lessor’s experts) replace the roof covering, HVAC system, portions of building systems located outside the Premises, landscaping, sidewalks, parking lot surface and building exteriors (“Lessor’s Maintenance Services”) during the term of this Lease, as may be extended. Lessee shall furthermore defend and indemnify Landlordreimburse Lessor as Additional Rent the cost incurred by Lessor in performing Lessor’s Maintenance Services, its Agents and beneficiarieswithout mark-xx, mortgageeswithin thirty (30) days after receipt of invoice from Lessor; provided, however, that (except where replacement of the parking lot surface, landscaping, roof or HVAC components or other such items are necessitated by the acts of the Lessee or Lessee’s agents or employees, in which event Lessee shall pay the costs thereof in a lump sum on demand), costs of the foregoing to the extent they are capital expenditures in excess of $1,500 in the aggregate in any calendar year shall be amortized over the useful life thereof, and officersLessee shall pay Lessor as Additional Rent a monthly payment equal to the monthly amortization, agents, and employees thereof respectively, for any and all liability, loss, costs together with interest on the unamortized amount at an annual rate of the prime lending rate plus two percent (including reasonable attorneys’ fees and expensesPrime + 2%), damages, responsibilities or obligations incurred as a result . Lessee expressly waives the benefits of any violation statute now or hereafter in effect which would otherwise afford the Lessee the right to make repairs at Lessor’s expense or to terminate this Lease because of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit Lessor’s failure to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using keep the Premises in accordance with localgood order, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofcondition or repair.

Appears in 1 contract

Samples: Lease (Ambarella Inc)

USES PROHIBITED. Tenant shall not use, or permit use the Premises or any part thereof portion thereof, nor do, or permit anything to be useddone, for in or about the Premises or any purpose portion thereof, nor bring or purposes keep anything therein, which either (i) is not within the permitted use of the Premises set forth in Paragraph 1.8, or (ii) is in violation of Paragraph 3.1 or 3.2 or any other than as specified in Section 1 provision of this Lease. No use shall be made , or permitted to be made of the Premises, nor acts done, which (iii) in any way will or could increase the existing rate of or affect any fire or other insurance upon the BuildingProject or any part thereof or any of its contents, or cause a cancellation of any insurance policy covering the Building, Project or any part thereofthereof or any of its contents other than as would occur with the normal operation of a restaurant in the Premises. Except as contemplated herein, nor Tenant shall Tenant sell, not do or permit anything to be kept, used or sold, done in or about the Premises, Premises which will in any article which may be prohibited way or to any extent obstruct or interfere with the rights of other tenants or occupants of the Project or the activities being conducted by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premisesthem, or any public injure or private nuisance annoy them or other act use or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improperunlawful purpose or in any unlawful manner, immoralnor shall Tenant cause, unlawful maintain or objectionable purposepermit any nuisance in, on or about the Premises or any use that could diminish the reputation or attractiveness of the Project. Tenant agrees at all times to cause its operations on shall not allow floors within the Premises to be overloaded (provided that weight up to 100 p.s.i. shall not be considered overloading), nor shall Tenant commit or allow to be committed any waste in compliance with or upon the Premises. Subject to Landlord’s obligation to adequately exhaust the Premises, Tenant shall prevent any and all federalodors (other than ordinary cooking and normal restaurant odors), stateflashing or blinking lights, local noises, vibrations, smoke and fumes from emanating from the Premises. Tenant shall prevent the Premises and each portion thereof from being used for the manufacture, sale, barter, gift or municipal environmental protection agency health and safety lawsservice of intoxicating liquors or other beverages, statutesor, ordinancesexcept as otherwise expressly set forth herein, beverages, food or food products in any form. Tenant shall not use any space outside the Premises for any sales, storage or other activities, and rules and regulationsshall not use the plumbing facilities in the Premises for any purpose other than that for which they were constructed, so that no clean-up claim or other obligation or responsibility arises from a violation nor dispose of any foreign substances therein. Tenant shall not cause permit the loading dock or service elevator, if any, used by Tenant to be in other than a neat, clean, safe and sanitary condition. Tenant shall not store or stock in the Premises any goods, wares or merchandise other than items that Tenant intends to offer for sale at or from the Premises; provided, that this sentence shall not preclude occasional emergency transfers of merchandise from the Premises to other stores of Tenant, if any, not located in the Project. Tenant shall not display or sell merchandise or place carts, portable signs, devises or any other objects outside the defined exterior walls, or on the roof or permanent doorways, of the foregoingPremises without the consent of Landlord, which will not be unreasonably withheld, delayed or conditioned. Tenant shall not enter upon, or have access to, the roof of the Premises, and Tenant further agrees shall not permit aerial or antenna or other device to promptly cure be erected on the roof or exterior walls of the Premises except as otherwise provided herein or consented to by Landlord which consent will not be unreasonably withheld, delayed or conditioned. Is there cable service available at the Premises?? If Tenant, or any other person or entity occupying or having a right to occupy or use the Premises or any portion thereof directly or indirectly through or under Tenant, should install any such violation at its own expenseaerial, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities antenna or obligations incurred as a result of any violation of any other device on the roof of the foregoingPremises, Landlord is hereby authorized by Tenant to remove such device following reasonable written notice to Tenant without notice at any time, at Tenant’s expense. Tenant shall not load or unload goods being transported to or from the Premises except at such times, in such areas and through such entrances as may be reasonably designated for such purpose by Landlord We need to understand these restrictions prior to execution.. Tenant shall prohibit all trucks and trailers that have entered upon request the Project on account of Landlord certify Tenant’s conduct of its business and affairs from remaining overnight in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request or upon any portion of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewithProject. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies interest here should not extend beyond violations that af fect its property interests – for instance assessment of reports of any such tests shall be provided a fine for an employment violation should not give rise to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofan incurable default.

Appears in 1 contract

Samples: www.acc.com

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USES PROHIBITED. The premises and all building and improvements thereon shall, during the term of this lease, be used only and exclusively for the purposes set forth in Article 1. Section 3, and no part of the premises or improvements thereon shall be used in any manner whatsoever for any purposes in violation of the laws, ordinances, regulations or orders of the United States, or of the State, County and/or City where the premises are located, or of any duly constituted subdivision, department or board thereof. Tenant shall not use, knowingly use or permit occupy the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, premises or any part thereof, nor or suffer or permit the same to be used or occupied for any business or purpose deemed extra hazardous on account of fire or otherwise; and if by reason of the use and occupancy of the premises, the policy covering the premises (Fire Insurance, Extended Coverage or Liability) is to be canceled or the rate of said insurance shall be increased, the Landlord shall have the option of terminating this lease, or on demand, Tenant sellwill pay to Landlord the amount of such increase (but such increase in the rate of insurance shall not be deemed a breach of this covenant by Tenant). Tenant covenants and agrees that Tenant will not create or maintain, or permit others to be keptcreate or maintain, used any nuisances, including without limiting the foregoing language, loud noises, sound effects, offensive odors, smoke or sold, dust in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibitedleased premises. Tenant shall not commit comply in all respects with all applicable federal, state and local laws, rules regulations and orders including without limitation, those relating to pollution, reclamation or suffer protection of the environment, including laws relating to be committedemissions, any waste upon the Premisesdischarges, releases or threatened releases of pollutants, contaminants, or any public hazardous or private nuisance toxic materials or other act waste into the air, water, or thing which may disturb land, or otherwise relating to the quiet enjoyment manufacture, processing distribution, use, treatment, storage disposal, transport or handling of any other tenant in the Buildingpollutants, norcontaminants, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purposehazardous or toxic materials or wastes. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federalshall indemnify, statedefend and hold Landlord harmless from and against any loss, local cost damage or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlordincluding without limitation, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ attorney's fees and expenses)costs of site investigation and clean up, damages, responsibilities incurred by or obligations incurred imposed upon landlord as a result of any violation the breach by Tenant of any of the foregoing. Tenant shall upon request of Landlord certify its obligations in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofArticle 4.

Appears in 1 contract

Samples: Lease (Chattem Inc)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leasethe Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the BuildingProperty, or cause a cancellation of any insurance policy covering the BuildingProperty, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s 's insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant Tenant in the BuildingProperty, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and Tenant safety. Xxxxxx further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify indemnity Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys' fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s 's expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and statues or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s 's reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Virtualsellers Com Inc

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon committed on the Premises, and Tenant and Tenant’s Agents (defined in Section 13.A) shall not commit or permit on any public or private nuisance portion of the Project, any waste, nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality or user of the foregoingProject, shall Tenant nor allow any use of the Premises to be used for an unlawful purpose or for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoingsale by auction. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable localnot (i) damage or overload the electrical, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request mechanical or plumbing systems of the LandlordPremises, Tenant shall submit to (ii) attach, hang or suspend anything from the Landlordceiling, walls or columns of the Building in excess of the load limits for which such ceiling, walls or columns are designed, or shall make available for inspection and copying upon reasonable notice and at reasonable times, set any or all load on the floor in excess of the documents and materials prepared by or load limits for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demandswhich such floors are designed, or inquiries relating (iii) generate dust, fumes or waste products which create a fire or health hazard or damage the Premises or any portion of the Project, including without limitation the soils or ground water in or around the Project. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature, or any waste materials, refuse, scrap or debris, shall be stored upon or permitted to remain on any portion of the condition Project outside of the Building by Tenant or Tenant’s Agents without Landlord’s prior approval, which approval may be withheld in its sole and absolute discretion. Neither Tenant nor Tenant’s Agents shall dispose of any waste materials, refuse, scrap, debris or garbage anywhere outside of the Premises except in enclosed trash containers designated for that purpose by Landlord. In no event shall Tenant use or permit the use of the Premises or compliance with environmental laws at the PremisesCommon Areas in any manner that creates or maintains any noise or sound that exceeds lawful limits. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Neither Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the nor Tenant’s expenseAgents shall conduct any auction in, conduct such testing and analysis as is necessary to ascertain whether on or about the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereofProject.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leasethe Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant Tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and safety. Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Lease (Crescent Banking Co)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leaseon the Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any other part of the Property, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb violate the quiet enjoyment of any other tenant in the Building, or any other part of the Property nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant Xxxxxx agrees at all times to cause its operations on the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and safety, except for any violations caused by Landlord. Tenant further agrees to promptly cure any such violation violation, except for any violations caused by Landlord, at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiariesmembers, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing, except for any violations caused by Landlord. Tenant shall upon request of Landlord certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same after reasonable written notice to Tenant (except in an emergency, when no notice shall be required) to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests more often than once per year and unless Landlord has a reasonable suspicion specifically stated and disclosed in writing to Tenant, that Tenant may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiv Lp)

USES PROHIBITED. Tenant TENANT shall not use, or permit the Premises PREMISES or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the PremisesPREMISES, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant TENANT sell, or permit to be kept, used or sold, in or about the PremisesPREMISES, any article which may be prohibited by Landlord’s LANDLORD'S insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant TENANT shall not commit or suffer to be committed, any waste upon the PremisesPREMISES, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant TENANT allow the Premises PREMISES to be used for any improper, immoral, unlawful or objectionable purpose. Tenant TENANT agrees at all times to cause its operations on the Premises PREMISES to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, by acts or omissions of TENANT, and Tenant TENANT further agrees to promptly cure any such violation committed by TENANT at its own expense, and shall furthermore defend and indemnify LandlordLANDLORD, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys' fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant TENANT shall upon request of Landlord LANDLORD certify in writing that its operations are it is in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the LandlordLANDLORD, Tenant TENANT shall submit to the LandlordLANDLORD, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant TENANT pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord LANDLORD shall have reasonable access to the Premises PREMISES to inspect the same to confirm that the Tenant TENANT is using the Premises PREMISES in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant TENANT shall, at the request of the Landlord LANDLORD and at the Tenant’s TENANT'S expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant TENANT is using the Premises PREMISES in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord LANDLORD shall not request that Tenant TENANT conduct such tests unless Landlord LANDLORD has a reasonable suspicion that Tenant TENANT may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant TENANT and subject to Landlord’s LANDLORD'S reasonable approval. Copies of reports of any such tests shall be provided to the LandlordLANDLORD. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Office Lease (Clark/Bardes Holdings Inc)

USES PROHIBITED. The Tenant shall not use, do or permit the Premises or any part thereof anything to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done--------------- anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the BuildingBuilding or any of its contents, or cause a cancellation of any insurance policy covering the BuildingBuilding or its contents. The Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Premises of any insurance organization or any part thereof, nor company necessary for the maintenance of the fire and public liability insurance covering the Premises. The Tenant shall Tenant sell, not do or permit anything to be kept, used or sold, done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them, or use or allow the Premises to be used for any immoral, unlawful, hazardous or objectionable purposes, and the Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, any article which may be prohibited by Landlord’s insurance policies. The sale Tenant shall not change the use of the Premises in any way that will result in a conflict with any other lease of premises in the Building; provided, however, that Tenant shall always have the right to use the Premises for offices and training. No loudspeakers or serving other similar device, system or apparatus which can be heard or experienced outside the Premises shall, without the prior written approval of alcoholic beverages without the Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and , be used in or at the management agent as additional insured is hereby prohibitedPremises. The Tenant shall not commit or suffer to be committed, committed any waste in or upon the Premises. The Tenant agrees immediately upon the discovery of any such unlawful, illegal, disreputable or extra hazardous use, to take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any public or private nuisance subtenants, occupants or other act persons guilty of such unlawful, illegal, disreputable or thing which may disturb extra hazardous use. The Tenant shall indemnify and save harmless the quiet enjoyment of any other tenant in the BuildingLandlord against and from all costs, norexpenses, without limiting the generality of the foregoingliabilities, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses)losses, damages, responsibilities injunctions, suits, fines, penalties, claims and demands, including reasonable counsel fees, arising out of, by reason of, or obligations incurred as a result of on account of, any violation of any or default in the covenants of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlordthis paragraph. The provisions within of this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to are for the benefit of the parties hereto, their respective successors Landlord only and assigns, and mortgagees thereofare not nor shall they be construed to be for the benefit of any tenant or occupant of the Building.

Appears in 1 contract

Samples: Lease (Genesys Telecommunications Laboratories Inc)

USES PROHIBITED. Tenant shall not use, or permit the Premises or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Leasethe Lease Schedule. No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by Landlord’s 's insurance policies. The sale or serving of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibited. Tenant shall not commit or suffer to be committed, any waste upon the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant Tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be operated in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoingincluding but not limited to those relating to zoning, environmental protection, health, and safety. Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys' fees and expenses), damages, responsibilities or obligations incurred as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in it has not received any notice of non-compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenantexcept in cases of emergency, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s 's expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion basis for belief that Tenant may be in violation of the foregoing rules, regulations, statutes and statutes, or laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s 's reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Alliance Data Systems Corp

USES PROHIBITED. Tenant covenants that the Premises shall, during the term of this lease, be used only and exclusively for the purposes set forth in Article 1, Section 3, and no part of the Premises shall be used in any manner whatsoever in violation of any federal, state, or local laws, ordinances, regulations or orders. Tenant shall not useknowingly use or occupy the Premises, or suffer or permit the Premises or any part thereof same to be used, used or occupied for any business or purpose deemed extra hazardous on account of fire or purposes other than as specified in Section 1 otherwise; and if by reason of this Lease. No Tenant's use shall be made or permitted to be made and occupancy of the Premises, nor acts done, which will increase the existing rate of insurance upon the Building, or cause a cancellation of any casualty insurance policy covering the BuildingPremises is to be canceled or the rate of such insurance shall be increased, Landlord shall have the option of terminating this Lease or, on demand, Tenant will pay to Landlord the amount of such increase (but such increase in the rate of insurance shall not be deemed a breach of this covenant by Tenant). Tenant covenants that Tenant will not create or any part thereof, nor shall Tenant sellmaintain, or permit others to be keptcreate or maintain, used any nuisances, including without limitation loud noises, sound effects, offensive odors, smoke or sold, dust in or about the PremisesPremises or the Building. Tenant shall comply in all respects with all applicable federal, any article which may be prohibited by Landlord’s insurance policies. The sale state and local laws, rules, regulations and orders, including without limitation, those relating to pollution, reclamation or serving protection of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and the management agent as additional insured is hereby prohibitedenvironment, including laws relating to emissions, discharges, releases or threatened releases of pollutants, contaminants, or hazardous or toxic materials or wastes into the air, water or land, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants or hazardous or toxic materials or wastes. Tenant shall not commit store, treat, dispose of or suffer to be committedhandle such pollutants, any waste upon contaminants, materials or wastes on the Premises, or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building, nor, without limiting the generality of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purposepremises. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federalshall indemnify, statedefend and hold Landlord harmless from and against any loss, local cost, damage or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlordincluding without limitation, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys' fees and expenses)costs of site investigation and clean up, damages, responsibilities incurred by or obligations incurred imposed upon Landlord as a result of any violation the breach by Tenant of any of the foregoing. Tenant shall upon request of Landlord certify its obligations in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlordthis Article 4, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all otherwise occurring as a result of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency Tenant's activities in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: Office Lease (Avalon Borden Companies Inc)

USES PROHIBITED. (a) Tenant shall not use, do or permit anything to be done in or about the Premises nor bring or any part thereof to be used, for any purpose or purposes other than as specified in Section 1 of this Lease. No use shall be made or permitted to be made of the Premises, nor acts done, keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the BuildingPremises or the Building (if any) of which the Premises may be a part or any of its contents (unless Tenant shall pay any increased premium as a result of such use or acts), or cause a cancellation of any insurance policy covering the Building, said Premises or said Building or any part thereofthereof or any of its contents, nor shall Tenant sell, sell or permit to be kept, used or sold, sold in or about the Premises, said Premises any article articles which may be prohibited by Landlord’s insurance policiesa standard form policy of fire insurance. The sale (b) Tenant shall not do or serving permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of alcoholic beverages without Landlord’s express written consent and without first obtaining Dramshop Insurance naming Landlord and its beneficiaries and other tenants or occupants of the management agent as additional insured is hereby prohibitedBuilding (if any) or injure or annoy them or use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed, committed any waste in or upon the Premises. (c) Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation or requirement of duly constituted public authorities now in force or which may hereafter be enacted or promulgated. Tenant shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements, now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use of occupancy of the Premises, excluding structural changes not relating to or affecting the condition. use of occupancy of the Premises, or any public not related or private nuisance afforded by Tenant's improvements or other act or thing which may disturb the quiet enjoyment acts. The judgment of any other tenant court or competent jurisdiction or the admission of Tenant in the Buildingany action against Tenant, norwhether Landlord be a party thereto or not, without limiting the generality that Tenant has violated by law, statute, ordinance, or governmental rule, regulation or requirement shall be conclusive of the foregoing, shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant agrees at all times to cause its operations on the Premises to be in compliance with all federal, state, local or municipal environmental protection agency health and safety laws, statutes, ordinances, and rules and regulations, so that no clean-up claim or other obligation or responsibility arises from a violation of any of the foregoing, and Tenant further agrees to promptly cure any such violation at its own expense, and shall furthermore defend and indemnify Landlord, its Agents and beneficiaries, mortgagees, and officers, agents, and employees thereof respectively, for any and all liability, loss, costs (including reasonable attorneys’ fees and expenses), damages, responsibilities or obligations incurred fact as a result of any violation of any of the foregoing. Tenant shall upon request of Landlord certify in writing that its operations are in compliance with applicable local, state and federal environmental rules, regulations, statutes and laws for the preceding year. At the request of the Landlord, Tenant shall submit to the Landlord, or shall make available for inspection and copying upon reasonable notice and at reasonable times, any or all of the documents and materials prepared by or for Tenant pursuant to any environmental law or regulation or submitted to any governmental regulatory agency in conjunction therewith. However, Tenant shall immediately notify Landlord in writing, and provide copies of all written complaints, claims, citations, demands, or inquiries relating to the condition of the Premises or compliance with environmental laws at the Premises. Upon reasonable prior notice to Tenant, Landlord shall have reasonable access to the Premises to inspect the same to confirm that the Tenant is using the Premises in accordance with local, state and federal environmental rules, regulations, statutes and laws. Tenant shall, at the request of the between Landlord and at the Tenant’s expense, conduct such testing and analysis as is necessary to ascertain whether the Tenant is using the Premises in compliance with all local, state and federal environmental rules, regulations, statutes and laws, provided however, Landlord shall not request that Tenant conduct such tests unless Landlord has a reasonable suspicion that Tenant may be in violation of the foregoing rules, regulations, statutes and laws. Said tests shall be conducted by qualified independent experts chosen by the Tenant and subject to Landlord’s reasonable approval. Copies of reports of any such tests shall be provided to the Landlord. The provisions within this paragraph shall survive termination of this Lease and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Appears in 1 contract

Samples: International Barter Corp

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