Use of Demised Premises The Tenant shall use and occupy the Demised Premises for office and light electronic assembly, as provided under the applicable zoning ordinances of the Borough of Mahwah and for no other purpose. It is a consideration of this Lease, that the use of the Demised Premises shall be limited to those uses as otherwise hereinbefore specified, and that such uses be subject to and consistent with any Certificate of Occupancy issued by the Township of Mahwah. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, not the hanging of equipment from (or otherwise loading) the roof or structural members of the Building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in a manner which will in any way violate the Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereof, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof. Tenant shall, in the use and occupancy of the Demised Premises, comply with all laws, orders and regulations of the federal, state and municipal governments or of any of their departments affecting the Demised Premises. If any repairs or improvements are made necessary in order to comply with any of the aforesaid governmental rules and regulations, then Tenant shall, at Tenant's cost and expense, make said repair and/or improvement subject to Tenant's obligation to secure Tenant's Approval. Landlord represents that at the time of the issuance of the Certificate of Occupancy the Demised Premises shall be in compliance with any laws, orders, or regulations of the federal, state or municipal governments or any of their departments affecting the Demised Premises. the Tenant shall not permit or cause any odor, sound, vibration, effluent, pollution or other condition that is either in Landlord's opinion or by law noxious or offensive. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the Certificate of Occupancy.
Condition of Subleased Premises (a) Subtenant represents that it has made or caused to be made a thorough examination and inspection of the Subleased Premises and is familiar with the condition of every part thereof. Subtenant agrees that, except as expressly provided herein, (i) it enters into this Sublease without relying upon any representations, warranties or promises by Sublandlord, its agents, representatives, employees or any other person in respect of the Building or the Subleased Premises, (ii) no rights, easements or licenses are acquired by Subtenant by implication or otherwise except as expressly set forth herein, (iii) Sublandlord shall deliver the Subleased Premises broom-clean and otherwise in the condition which Sublandlord received the Subleased Premises from Prime Lessor and Sublandlord shall have no obligation to do any work in order to make the Subleased Premises suitable and ready for occupancy and use by Subtenant, and (iv) the Subleased Premises are in satisfactory condition. Notwithstanding the foregoing, Subtenant acknowledges receipt from Prime Lessor of a decommissioning report with respect to the Subleased Premises prepared by Ramboll US Corporation and dated March 17, 2020 (the “Decommissioning Report�) and has accepted the results set forth in the Decommissioning Report. Sublandlord represents and warrants to Subtenant that Sublandlord has not physically occupied the Subleased Premises at any time, including from and after the date of the Decommissioning Report.
(b) Subtenant shall keep and maintain the Subleased Premises, the furniture, fixtures and equipment therein (including, without limitation, all laboratory-specific mechanical equipment) clean and in good order, repair and condition, except for reasonable wear and tear and damage by fire or other casualty or condemnation. To the extent agreed to by Prime Lessor, Subtenant shall be entitled to the benefit of those obligations of Prime Lessor set forth in the Prime Lease as to Prime Lessor’s obligation to maintain Building Systems.
(c) Subtenant shall make no alteration, installation, removal, addition or improvement in or to the Subleased Premises or to any other portion of the Building without the prior written consent of each of Sublandlord and, if required pursuant to the terms of the Prime Lease, Prime Lessor, and then, only in compliance fully with the terms of this Sublease and the Prime Lease. Sublandlord may withhold consent in its sole discretion to any alteration, installation, addition or improvement proposed by Subtenant. Sublandlord may require Subtenant to remove any and all alterations, installations, additions or improvements that Subtenant makes to the Subleased Premises upon the expiration or termination of the Term, and to restore the Subleased Premises to its condition prior to such alterations, installations, additions or improvements.
(d) During the Term of the Sublease, and subject to Prime Lessor’s consent, Subtenant may use 0.90 parking spaces in the Technology Square Garage per 1,000 rentable square feet of the Subleased Premises as allocated to Sublandlord pursuant to Section 10 of the Prime Lease. Such parking use by Subtenant shall, subject to Prime Lessor’s consent, be at the same cost per space as charged to Sublandlord from time to time pursuant to the Prime Lease, and such use by Subtenant shall be in accordance with Section 10 of the Prime Lease as amended from time to time and all published rules and regulations of the Landlord and/or the operator of the Technology Square Garage as to such parking use.
Subleased Premises (1) The Subtenant shall use the Subleased Premises solely for general office purposes. Sublandlord represents that the Subleased Premises may be used for such purposes without contravening any zoning or other applicable laws, by-laws and regulations. The Subtenant acknowledges that it has inspected the Subleased Premises prior to taking possession of them, that the Subleased Premises are being accepted in an “as is� condition, that the taking of possession of the Subleased Premises is conclusive evidence as against the Subtenant that, at the time of possession, the Subleased Premises were acceptable and that that there is no promise, representation or undertaking by or binding upon the Sublandlord with respect to any alteration, remodelling or decoration of the Subleased Premises or the installation of equipment, fixtures or leasehold improvements in the Subleased Premises, save and except for the following work to be done by the Sublandlord at its sole cost: � All damaged/discolored/inconsistent ceiling tiles to be replaced to match building standard; and � A general cleanup of the Premises; and � Installation of four (4) office grade doors and doorframes as shown on Schedule “A�, more specifically described as follows: Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between conference rooms will be badge in to Subleased Premises from common area and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed beside server room and Subleased Premises will be badge in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed between lunchroom and Subleased Premises will be badge in from cafeteria in to Subleased Premises and push bar to exit from Subleased Premises Ø Door, doorframe, and drywall installed to the ceiling (or other secure material agreed to by both parties) above doorframe to be installed adjacent to cafeteria separating Subtenant and Sublandlord will remain locked at all times, but will open in case of fire alarm; and � Providing access card(s) and programming access system to allow Subtenant access to the shared server room. The work listed above will be completed by the Sublandlord at least 45 days prior to the Commencement Date and available for inspection by the Subtenant.
(2) The Subtenant shall be entitled to the same parking privileges on the same terms as are provided to the Sublandlord, as Tenant, under the Head Lease.
(3) The final Basic and Additional Rent shall be subject to adjustment based on the actual Rentable Area of the Subleased Premises as determined from time to time by the Sublandlord and/or the Head Landlord’s architect in accordance with BOMA standard (ANSI/BOMA Z65.1-1996). The Subleased Premises are as shown in Schedule “A� attached hereto and forming part of this agreement. The Subtenant will have exclusive use to the area highlighted in blue; the Subtenant will have shared access to the common areas highlighted in yellow, more specifically the Entrance/Lobby, Washrooms, Cafeteria/Lunchroom, and Server Room measuring approximately 2200 square feet (collectively the “Common Areas�); the Subtenant will not have access to the remainder (non-shaded) of the Premises which will be occupied by the Sublandlord.
(4) The Subtenant may make any necessary interior alterations and install any new leasehold improvements in the Subleased Premises at its own expense, subject to (i) both the Sublandlord’s and Head Landlord’s prior written approvals (not to be unreasonably withheld) of the Subtenant’s plans and specifications, (ii) compliance with the terms of the Head Lease, and (iii) compliance with all applicable municipal and governmental regulations. The Subtenant shall use the Landlord’s contractors for the Subtenant’s work or receive specific approval of the Subtenant’s contractors from the Landlord, such approval not to be unreasonably withheld, prior to any work being conducted within the Subleased Premises. The Subtenant may remove its trade fixtures and chattels at the end of the Term, if it is not in default under this Sublease and subject to compliance with the terms of the Head Lease. If required by the Head Landlord under the Head Lease, the Subtenant shall demolish or remove at the end of the Term any alterations or improvements made to the Subleased Premises by the Subtenant.
Removal of Tenant Property by Tenant Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 15, quit and surrender possession of the Premises to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Premises and Building resulting from such removal.
ACCESS BY LANDLORD Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours� notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale� or “for rent� or “for lease� signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.