Common use of TENANT'S USE OF THE PREMISES Clause in Contracts

TENANT'S USE OF THE PREMISES. Tenant shall use and occupy the Premises only for those permitted uses reflected in Section 1.7 of the Abstract of Lease and for no other purpose without Landlord’ s prior written consent. Additionally, Tenant shall not violate in any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises or any improvement constructed by Tenant in, at or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Center Lease Agreement (Pulse Evolution Corp)

AutoNDA by SimpleDocs

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant’s Use Clause. Tenant shall not use or occupy the Premises only for those permitted uses reflected in Section 1.7 violation of the Abstract of Lease and for no other purpose without Landlord’ s prior written consent. Additionallylaw or any covenant, Tenant shall not violate in any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copycondition, or (c) restriction affecting the Building or Project or the certificate of occupancy issued for the Building or Project, and shall, upon notice from Landlord, immediately discontinue any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Landlord represents the Premises may be used for general office uses. Tenant, at Tenant’s own expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquencyPremises. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Landlord’s Initials Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.Initials

Appears in 1 contract

Samples: Office Building Lease (Summit Healthcare REIT, Inc)

TENANT'S USE OF THE PREMISES. In consideration of the agreements contained herein, Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term and upon the terms and conditions hereinafter provided. The Premises are leased subject to, and Tenant agrees not to violate, all present and future covenants, conditions and restrictions of record which affect the Land, all of such documents collectively referred to as the "Restrictions". As an appurtenance to the Premises, Tenant shall have the general and nonexclusive right, together with Landlord and the other tenants of the Project and their respective agents, to use the Common Area subject to the terms and conditions of this Lease. Tenant shall use and occupy the Premises only solely for those permitted uses reflected the purpose set forth in Section 1.7 of the Abstract of Lease Tenant's Use Clause as designated in Article 2.n and for no other purpose without Landlord’ s prior written consentpurpose. Additionally, Tenant shall not violate use or occupy the Premises in violation of law or any manner (a) covenant, condition or restriction affecting the exclusive use rights granted by Landlord to other tenants in Building or Project or the Shopping Center when Tenant has received written certificate of occupancy issued for the Building or Project, and shall, upon notice of such exclusive use rightsfrom Landlord, (b) immediately discontinue any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall by reason of the nature of Tenant's use or occupancy of the Promises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Board of Fire Insurance underwriters or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businessesPremises. Tenant will at all-time be acknowledges that Tenant assumes all responsibility regarding the operator Occupational Safety Health Act, the legal use and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business adaptability of the Premises will be other than by Tenant shall constitute a violation and the compliance thereof with all applicable laws and regulations in effect during the form of this Lease.

Appears in 1 contract

Samples: Letter Agreement (Mediquik Services Inc)

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or any improvement constructed by Tenant inthe certificate of occupancy. To the extent Landlord would not otherwise owe such duty or have a duty imposed upon it, Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or the Shopping Center causes the imposition its use or occupation. A judgment of any impact fees court of competent jurisdiction or the conclusive admission by Tenant in any action or proceeding against Tenant that Tenant has violated any portion such laws, ordinances, regulations, rules and/or directions in the use of the Shopping Center, then Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall pay such fees prior not do or permit to delinquency. Notwithstanding be done anything contained in this Lease to which will invalidate or increase the contrarycost of any fire, neither Tenant nor any personextended coverage or other insurance policy covering the Building or Project and/or property located therein, firmand shall comply with all rules, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisersorders regulations, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 requirements and recommendations of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns Insurance Services Office or any other tenant and their successors and/or assigns from engaging in one or more types of retail businessesorganization performing a similar function. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.shall

Appears in 1 contract

Samples: Money Store Inc /Nj

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant’s Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the Certificate of Occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the Certificate of Occupancy. Tenant, at Tenant’s own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Lease Dated (Blow & Drive Interlock Corp)

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 the Building or Project, and shall, upon notice from Landlord, immediately discontinue any use of the Abstract Premises which is declared by any governmental authority having jurisdiction to be a violation of Lease law or the certificate of occupancy. Tenant, at Tenant's own cost and for no expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. Tenant shall obtain proper permits from the City of Encinitas, the Fire Department, and any other purpose without Landlord’ s prior written consentgovernment agencies to operate its business at this location. AdditionallyIn the event any of these agencies require building modifications to adapt the building to Tenant’s current or future use, Xxxxxx agrees to make such modifications at Xxxxxx’s sole expense. A judgment of any court of competent jurisdiction or the admis-sion by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not violate do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Landlord Landlord Tenant Tenant Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Xxxxxx's failure to comply with the provi-sions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant agrees to conduct its business in a manner (a) the exclusive use rights granted by Landlord that will not be objectionable to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rightsbuildings, (b) any use restriction including noise, vibration, odor or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of fumes. In the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to event Landlord receives com-plaints from other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord determines in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to reason-able judgment that Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises or any improvement constructed by Tenant in, at or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (is conducting its operations in a closely held corporation) shall manner so as to be objectionable to other tenants, Tenant agrees, upon notice from Landlord thereof, to promptly modify the conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended its operations to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Leaseeliminate such objectionable operations.

Appears in 1 contract

Samples: Item   Annual Expenses (Pacific Coast National Bancorp)

TENANT'S USE OF THE PREMISES. Tenant shall use and occupy the Premises only for those permitted uses reflected in Section 1.7 1.6 of the Abstract of Lease and for no other purpose without Landlord’ s prior written consent. Additionally, except as provided to the contrary as permitted uses in the Abstract of Lease, Tenant shall not violate in any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 F attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises or any improvement constructed by Tenant in, at or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time all times be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Lease Agreement

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Subsection 2.p. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the Certificate of Occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Premises, Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or any improvement constructed such Certificate of Occupancy. Tenant, at Tenant’s own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directives of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation, including obtaining all licenses and permits required for Tenant’s business. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directives in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other organization performing a similar function. Tenant shall, within ten (10) days after written demand therefor, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, including causing excessive noise, odors, or blocking or obstructing sidewalks, or entrances, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall not place a load upon the Premises or exceeding the Shopping Center causes average pounds of live load per square foot of floor area specified for the imposition of any impact fees against any portion Building by Landlord’s architect, with the partitions to be considered a part of the Shopping Centerlive load. Landlord reserves the right to prescribe the weight and position of all safes, then files, heavy equipment and storage facilities which Tenant desires to place in the Premises so as to distribute their weight properly. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be installed, maintained and used by Tenant so as to eliminate such vibration or noise. Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment be responsible for the same or a similar use as the permitted use described in Section 1.7 cost of the Abstract of Lease. Nothing contained in this Lease is intended all structural engineering required to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businessesdetermine structural load. Tenant will at all-time be shall not, without the operator and manager written consent of Landlord, use any apparatus or device in the Premises. Any attempt to , including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than as general office space, as determined by Tenant shall constitute a violation of this LeaseLandlord.

Appears in 1 contract

Samples: Office Lease Agreement

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant’s Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or any improvement constructed by Tenant inthe certificate of occupancy. Tenant, at Tenant’s own cost and expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or upon requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, and/or any directions of any governmental agencies or authorities having jurisdiction (collectively, “Laws”) that shall apply to the Premises or the Shopping Center causes the imposition by virtue of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners specific use or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar specific manner of use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions shall be deemed to use be a management contractconclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, concession agreement extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other arrangement whereby organization performing a similar function. Tenant shall not do or permit to be done anything which will invalidate or increase the operation cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the business Insurance Services Office or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially injure or unreasonably annoy other tenants or occupants of the Building or Project, or use or allow the Premises will to be other than by used for any unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall constitute a violation of this Leasenot commit or suffer to be committed any waste in or upon the Premises.

Appears in 1 contract

Samples: Office Building Lease (Premiere Global Services, Inc.)

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises only for those permitted uses reflected in Section 1.7 violation of law or any covenant, condition or restriction affecting the building or Project of the Abstract certificate of Lease occupancy issued for the Building or project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any government authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant, at Tenant's own cost and expense, shall comply with al laws, ordinances, regulations, rules and/or any or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenants hall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendation of the insurance services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon DEMAND REIMBURSE LANDLORD FOR ANY ADDITIONAL PREMIUM CHARGED for such policy by reason of Xxxxxx's failure to comply with the provisions of this Article. Tenant shall not do or PERMIT ANYTHING to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: American River Holdings

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 the Building or Project, and shall, upon notice from Landlord, immediately discontinue any use of the Abstract Premises which is declared by any governmental authority having jurisdiction to be a violation of Lease law or the certificate of occupancy issued for the Building or the Project and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) immediately discontinue any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the Shopping Center Exclusives certificate of occupancy. Tenant, at Tenant's own cost and Restrictions as set forth in Exhibit F-2 attached hereto expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation[; provided, however, that Landlord shall bear all costs and made a part hereof. If expenses for any conflict shall develop between Tenant capital repairs or structural changes to the Project, including the Premises and the Common Areas, required to comply with the Americans with Disabilities Act (the "ADA"), Title 24 (California) and any other tenant applicable laws, rules, regulations, ordinances or directions of any governmental authorities or agencies over the Shopping Center regarding any provisions in term of this Lease and any extension period, unless such costs or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant expenses are imposed as a result of any work or improvement or alteration performed by or on behalf of Tenant in or about the Premises, other than Landlord's Initial Work and Landlord's Additional Work. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Leaselaws, the permissionordinances, to be effectiveregulations, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant rules and/or directions in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Scoop Inc/Ca)

AutoNDA by SimpleDocs

TENANT'S USE OF THE PREMISES. Tenants shall use the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use and or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules, and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon such laws, ordinances, regulations, rules and/or directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or it's use or occupation. If judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant has violated any such laws, ordinances, regulations, rules and/or directions so the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Xxxxxx's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Freei Networks Inc

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or any improvement constructed by Tenant inthe certificate of occupancy. To the extent Landlord would not otherwise owe such duty or have a duty imposed upon it, Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or the Shopping Center causes the imposition its use or occupation. A judgment of any impact fees court of competent jurisdiction or the conclusive admission by Tenant in any action or proceeding against Tenant that Tenant has violated any portion such laws, ordinances, regulations, rules and/or directions in the use of the Shopping Center, then Premises shall be deemed to be a conclusive deformation of the fact as between Landlord and Tenant. Tenant shall pay such fees prior not do or permit to delinquency. Notwithstanding be done anything contained in this Lease to which will invalidate or increase the contrarycost of any fire, neither Tenant nor any personextended coverage or other insurance policy covering the Building or Project and/or property located therein, firmand shall comply with all rules, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisersorders regulations, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 requirements and recommendations of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns Insurance Services Office or any other tenant and their successors and/or assigns from engaging in one or more types of retail businessesorganization performing a similar function. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.shall

Appears in 1 contract

Samples: Money Store Inc /Nj

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant’s Use Clause. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of occupancy. Tenant, at Tenant’s own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Insightful Corp)

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purpose set forth in Tenant's Use Clause, including general office or complementary ground floor retail use, reasonably approved by Landlord. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-time be the operator and manager of the Premises. Any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Lease (Hemacare Corp /Ca/)

TENANT'S USE OF THE PREMISES. Tenant shall use and the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall have 24-hour access, 7 days a week to the Premises. Tenant shall not use or occupy the Premises only in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for those permitted uses reflected in Section 1.7 of the Abstract of Lease Building or Project, and for no other purpose without shall, upon notice from Landlord’ s prior written consent. Additionally, Tenant shall not violate in immediately discontinue any manner (a) the exclusive use rights granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rights, (b) any use restriction or prohibition contained in any document of record of which Tenant has been provided a copy, or (c) any of the Prohibited Uses set forth in Exhibit F-1or the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereof. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Landlord represents and warrants to Tenant that the Certificate of Occupancy issued for the Building, any declaration of restrictions affecting the Property and the zoning ordinances applicable to the Property permit the Premises to be used for the Tenant's Use. Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any improvement constructed other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, at on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquencyPremises. Notwithstanding anything contained in this Lease to the contrary, neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for the same or a similar use as the permitted use described in Section 1.7 of the Abstract of Lease. Nothing contained in The parties agree that this Lease is intended subject to the effect of (i) any covenants, conditions, restrictions, easements, mortgages or shall) limit or restrict the Landlord deeds of trust, ground leases, rights of way of record, and its affiliates, successors and/or assigns or any other tenant matters or documents of record; (ii) any zoning laws, environmental impact report mitigation monitoring plan, or planned unit development guidelines of the city, county and their successors and/or assigns from engaging in one or more types of retail businessesstate where the Building is situated; and (iii) general and special taxes not delinquent. Tenant agrees that as to its leasehold estate, Tenant and all persons in possession or holding under Tenant, will at all-time be conform to and will not violate the operator terms of any covenants, conditions or restrictions of record which may now or hereafter encumber the Property (hereinafter the "restrictions"). This Lease is subordinate to the restrictions and manager of the Premises. Any attempt to use a management contract, concession agreement any amendments or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Leasemodifications thereto.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

TENANT'S USE OF THE PREMISES. Tenant shall use and occupy the Premises only for those permitted uses reflected in Section 1.7 of the Abstract of Lease and for no other purpose without Landlord’ s 's prior written consent. Additionally, except as provided to the contrary as permitted uses in the Abstract of Lease, Tenant shall not violate in any manner (a) the exclusive use rights provisions granted by Landlord to other tenants in the Shopping Center when Tenant has received written notice of such exclusive use rightsprovisions. The prohibited uses set out herein and those set forth on Exhibit F, (b) any apply to Tenant's and Tenant's successors and assigns use restriction or prohibition contained of the Premises only and do not in any document of record of which Tenant has been provided a copy, way limit Landlord's or (c) any of the Prohibited Uses set forth in Exhibit F-1or other tenant's rights with respect to the Shopping Center Exclusives and Restrictions as set forth in Exhibit F-2 attached hereto and made a part hereofCenter. If any conflict shall develop between Tenant and any other tenant of the Shopping Center regarding any provisions in this Lease or in leases to other tenants in the Shopping Center, Landlord shall be the sole arbitrator of such conflict. Landlord’s 's decision shall be binding on Tenant and Landlord shall incur no liability to Tenant as a result of any such determination made by Landlord hereunder. If Landlord permits a deviation from any provision of this Lease, the permission, to be effective, must be in writing and Landlord in its sole discretion may withhold or revoke such permission. Failure of Landlord to enforce any provision in this Lease or in leases to any other tenant in the Shopping Center shall be at Landlord’s 's sole discretion and Landlord shall incur no liability to Tenant as a result of any determination made by Landlord. Furthermore, if Tenant’s use of the Premises or any improvement constructed by Tenant in, at or upon the Premises or the Shopping Center causes the imposition of any impact fees against any portion of the Shopping Center, then Tenant shall pay such fees prior to delinquency. Notwithstanding anything contained in this Lease to the contrary, neither Neither Tenant nor any person, firm, or corporation directly or indirectly affiliated with Tenant nor Tenant’s 's franchisers, subsidiaries, parents, partners or shareholders (in a closely held corporation) shall conduct or operate, within the Restricted Area during the Term, any commercial establishment for within three (3) miles (measured in a straight line in all directions from the same or a similar use as the permitted use described in Section 1.7 Shopping Center) of the Abstract of LeaseShopping Center during the Term hereof. Nothing contained in this Lease is intended to (or shall) limit or restrict the Landlord and its affiliates, successors and/or assigns or any other tenant and their successors and/or assigns from engaging in one or more types of retail businesses. Tenant will at all-all time be the operator and manager of the Premises. Any Premises any attempt to use a management contract, concession agreement or any other arrangement whereby the operation of the business of the Premises will be other than by Tenant shall constitute a violation of this Lease.

Appears in 1 contract

Samples: Center Lease Agreement (Top Group Holdings Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.