Land The real property described in Exhibit A attached hereto and made a part hereof (the “Land”);
Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.
Premises defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, walls, equipment or persons; dangerous, unsafe, or irregular conditions on floors, ice, or other surfaces, extreme weather conditions; travel to and from premises.
The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto, and an outline of the Project is set forth in Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease, Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any alterations or improvements performed by or on behalf of Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).
Demised Premises The Landlord hereby demises and leases to the Tenant, and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease (which term is used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises") depicted on Exhibit A hereto annexed and made a part hereof. Said Demised Premises contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the center of the two side demising walls and (ii) the front lease line of the Demised Premises, through the rear wall), commonly known as suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the multi-level structure (the "Mall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The metes and bounds description of the Shopping Center Site is set forth on Exhibit A-2 annexed hereto and made a part hereof. In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord and Tenant shall execute an amendment to this Lease setting forth the actual floor area, and proportionately changing Tenant's monetary obligations, including Minimum Rent, based upon the ratio of the actual floor area of the Demised Premises to the floor area set forth hereinabove. The term "
Boundaries (i) There is no dispute involving or concerning the location of the lines and corners of the Property; (ii) to Seller’s knowledge there are no encroachments on the Property and no portion of the Property is located within any “Special Flood Hazard Area” designated by the United States Department of Housing and Urban Development and/or Federal Emergency Management Agency, or in any area similarly designated by any agency or other governmental authority; and (iii) no portion of the Property is located within a watershed area imposing restrictions upon the use of the Property or any part thereof.
acres PARCEL B: (PART OF INSTRUMENT NO. 2005-39617) PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN XXXXXXXX COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; TOWNSHIP 19 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST (ASSUMED BEARING) 207.38 FEET TO A MAG NAIL AT THE SOUTHEAST CORNER OF A 6.30 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 2004- 00048213 AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 652.99 FEET TO A MAG NAIL AT THE NORTHEAST CORNER OF A 3.0 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 1991-01973; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 435.60 FEET TO A 5/8 INCH STEEL REBAR WITH RED CAP AT THE NORTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST, 300.00 FEET TO THE SOUTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST, ALONG THE SOUTH LINE OF SAID 3.0 ACRE TRACT, 53.54 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 10.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST 15.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 159.61 FEET TO A CAPPED REBAR ON THE SOUTH LINE OF SAID QUARTER-QUARTER SECTION; THENCE SOUTH 89 DEGREES 19 MINUTES 04 SECONDS WEST, 955.87 FEET TO A CAPPED REBAR AT THE SOUTHWEST CORNER OF SAID QUARTER-QUARTER SECTION; THENCE NORTH 00 DEGREES 10 MINUTES 40 SECONDS EAST, ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION, 1118.84 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP "XXXXXX SURVEY S0083" AT THE SOUTHWEST CORNER OF A 6.30 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 2004-00048213; THENCE ON THE SOUTH LINE OF SAID 6.30 ACRE TRACT NORTH 89 DEGREES 23 MINUTES 53 SECONDS EAST 1323.24 FEET TO THE POINT OF BEGINNING, CONTAINING 29.543 ACERS, MORE OR LESS. PARCEL C: (PART OF INSTRUMENT NO. 2008-14583) PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN XXXXXXXX COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; TOWNSHIP 19 NORTH, RANGE 3 EAST; THENCE ON THE EAST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST (ASSUMED BEARING) 860.37 FEET TO THE NORTHEAST CORNER OF A 3.0 ACRE TRACT OF REAL ESTATE DESCRIBED IN INSTRUMENT NO. 1991-01973; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST, ALONG THE NORTH LINE OF SAID 3.0 ACRE TRACT, 367.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 62.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 15.00 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 34 SECONDS WEST 238.00 FEET TO THE SOUTH LINE OF SAID 3.0 ACRE TRACT; THENCE NORTH 89 DEGREES 48 MINUTES 26 SECONDS WEST 53.54 FEET TO THE SOUTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE NORTH 00 DEGREES 11 MINUTES 34 SECONDS EAST 300.00 FEET TO THE NORTHWEST CORNER OF SAID 3.0 ACRE TRACT; THENCE SOUTH 89 DEGREES 48 MINUTES 26 SECONDS EAST 68.54 FEET TO THE POINT OF BEGINNING, CONTAINING 0.390 ACRES, MORE OR LESS. EXHBIT B Because of reproduction difficulties and its bulk nature, the plans are on file in the Clerk- Treasurer’s Office and the Westfield Public Works Department and are duly marked Exhibit B. (Developer to supply three (3) original copies of the project plans with changes required by the Water Master Plan Highlighted.) EXHIBIT C Project Name: Developer Name: Credit Due to Developer $95,275.00 Reimbursement Due to Developer
Adjacent Premises If the Premises are part of a larger building, or of a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises.
Access to Leased Premises Landlord may enter the Leased Premises after business hours, upon twenty-four (24) hour notice to Tenant (and at any time and without notice in case of emergency), for the purposes of (a) inspect the Leased Premises, (b) exhibiting the Leased Premises to prospective purchasers, lenders or, within one hundred eighty (180) days of the end of the Term, prospective, (c) determining whether Tenant is complying with all of its obligations hereunder, (d) supplying janitorial service and any other services to be provided by Landlord to Tenant hereunder, (e) post notices of non-responsibility, and (f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building. For such purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Leased Premises (excluding Tenant’s vaults, safes, storage facilities for sensitive materials, confidential patient files and similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in any emergency in order to obtain entry to the Leased Premises. If, as a result of any such inspection or for any reason, Landlord reasonably determines that Tenant has failed to meet its obligations under Section 5.2 hereof, Landlord shall so notify Tenant and Tenant shall immediately commence to cure any such failure. In the event Tenant refuses or neglects to commence and complete such cure within a reasonable time, Landlord may make or cause to be made such repairs. In such event, Landlord’s cost to make such repairs shall constitute an Advance.
