BALCONY. Subject to all applicable laws, rules, regulations and orders, governmental or quasi-governmental prohibitions, approvals and/or restrictions (including without limitation any approval or restriction required or imposed by any owners’ association with jurisdiction over the Building) and Landlord’s reasonable rules with respect thereto that may be established from time to time, Tenant shall have, for so long as Tenant is leasing and occupying the entire Expansion Space (i) exclusive use of the existing balcony that is located adjacent to the Expansion Space and that exclusively serves the Expansion Space (the “Balcony”). Tenant agrees to accept the Balcony in its “as-is” condition on the Expansion Space Possession Date. It is hereby expressly acknowledged and agreed that any furnishings or other objects placed by Tenant upon the Balcony shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed, and the approval of any owners’ association with jurisdiction over the Building. Except for Landlord’s repair and maintenance obligations set forth in the Lease, Tenant shall be responsible, at Tenant’s sole cost and expense, for all maintenance, repair, cleaning and access control required to keep the Balcony in good condition and repair. Notwithstanding anything to the contrary contained in the Lease, as used in the Lease, the term "Premises" shall include the Balcony, provided, however, that the area of the Balcony shall not be used to calculate the Annual Base Rent payable by Tenant under the Lease, Tenant's Pro Rata Share (Operating Expenses), Tenant’s Pro Rata Share (Real Estate Taxes) or any other term of the Lease which depends on the rentable square footage of the Premises.
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Sources: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)
BALCONY. Subject to all applicable laws, rules, regulations and orders, governmental or quasi-governmental prohibitions, approvals and/or restrictions (including without limitation any approval or restriction required or imposed by any owners’ association with jurisdiction over the Building) and Landlord’s reasonable rules with respect thereto The Parties acknowledge that may be established from time to time, Tenant shall have, for so long as Tenant there is leasing and occupying the entire Expansion Space (i) exclusive use of the existing an outdoor balcony that is located adjacent to the Expansion Space and that exclusively serves the Expansion Space (the “Balcony”). Tenant agrees ) adjacent to accept the Balcony in its “as-is” condition on the Expansion Space Possession Date. It is hereby expressly acknowledged and agreed that any furnishings or other objects placed by Tenant upon the Balcony Subleased Premises, consisting of 1,367 rentable square feet of space, which Sublessee shall be permitted to use during the Sublease Term, subject to Landlord's prior approvalthe express terms, which approval shall not be unreasonably withheld, conditioned or delayed, conditions and covenants of this Sublease and the approval Master Lease, including, without limitation, that the release, waiver of any owners’ association with jurisdiction over the Building. Except for Landlord’s repair liability and maintenance obligations indemnity in favor of Landlord set forth in the Lease, Tenant Master Lease shall be responsible, at Tenant’s sole cost and expense, for all maintenance, repair, cleaning and access control required apply with respect to keep the Balcony in good condition and repair. Notwithstanding anything to the contrary contained in the Lease, as used in the Lease, the term "Premises" shall include such use of the Balcony. Except as set forth above, provided, however, and provided that the area square footage of the Balcony shall not otherwise (except as set forth hereinbelow) be used included within the square footage of the Subleased Premises for purposes of calculating Rent, the Balcony shall be part of the Subleased Premises for all purposes of this Sublease, as amended. Notwithstanding the foregoing or anything to calculate the Annual Base Rent payable by Tenant under contrary otherwise set forth in this Sublease or the Master Lease, Tenant's Pro Rata Share (Operating Expenses)in the event Sublessee improves the Balcony, Tenant’s Pro Rata Share (Real Estate Taxes) or any other term upon the substantial completion of the Lease which depends on such improvements, the rentable square footage of the PremisesSubleased Premises shall be increased to 18,004 rentable square feet, and Sublessee shall immediately (i.e., upon the substantial completion of such Balcony improvements) be obligated to pay Rent with respect to the Balcony at the rental rates of _____ per rentable square foot, subject to the ____ annual increase provided under Section 5.2 above. For purposes of this section, in no event shall the placement of furniture or other personal property of Sublessee be deemed “improvements” to the Balcony so long as the same are not permanently affixed to the Balcony. “Improves the Balcony” above would be construed to include conditions whereby Sublessee makes alterations to the Balcony that allow for the Balcony to be useable as workspace for employees, or enclosing the Balcony and providing utilities to the Balcony for use by employees as an actual workspace. The utilization of the Balcony for occasional calls, meetings, breaks or meals, including furnishing the Balcony from time to time for such purposes, shall not be deemed “improvements” to the Balcony.
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BALCONY. Subject to all applicable laws, rules, regulations and orders, governmental or quasi-governmental prohibitions, approvals and/or restrictions (including without limitation any approval or restriction required or imposed by any owners’ association with jurisdiction over During the Building) and Landlord’s reasonable rules with respect thereto that may be established from time to timeRelocation Term, Tenant shall havehave the right to use the balcony (the "Balcony") adjacent to the Relocation Premises. The square footage of the Balcony is not included within the definition of the Relocation Premises for the purpose of the calculation of Basic Rent or Tenant's Proportionate Share. The Balcony shall be subject to all of the terms and conditions of the Lease, for so long as including Section 3 regarding Additional Rent with respect to Direct Costs; Section 9, Repairs and Alterations; Section 13, Indemnity and Section 14, Insurance, provided that Tenant is leasing and occupying the entire Expansion Space (i) exclusive shall not be obligated to pay Rent with respect thereto. In connection with its use of the existing balcony that is located adjacent Balcony, Tenant shall keep the sliding glass doors between the Relocation Premises and the Balcony closed, except for entering or exiting the Balcony. Further, Tenant shall not grill on the Balcony, install any bird feeders, nor materially interfere with the use and occupancy of their premises by other tenants of the Building or Project. Notwithstanding anything contained herein to the Expansion Space and that exclusively serves contrary, Tenant shall have the Expansion Space (the “Balcony”). Tenant agrees right to accept resurface the Balcony in decking, which decking and its “as-is” condition on the Expansion Space Possession Date. It is hereby expressly acknowledged and agreed that any furnishings or other objects placed by Tenant upon the Balcony installation shall be subject to Landlord's prior approvalreasonable approval and undertaken by Tenant in accordance with Section 9 of the Original Lease, which approval shall not be unreasonably withheld, conditioned or delayed, and will include appropriate warranties with respect thereto. If requested by Landlord at the approval time of any owners’ association with jurisdiction over the Building. Except for Landlord’s repair and maintenance obligations set forth in the Lease's approval, Tenant shall be responsible, remove such decking at Tenant’s sole cost the expiration or earlier termination of the Term of the Lease and expense, for all maintenance, repair, cleaning and access control required to keep shall restore the Balcony in good condition and repair. Notwithstanding anything to the contrary contained in the Lease, as used in the Lease, the term "Premises" shall include the Balcony, provided, however, that the area surface of the Balcony shall not be used to calculate the Annual Base Rent payable by Tenant under the Lease, Tenant's Pro Rata Share (Operating Expenses), Tenant’s Pro Rata Share (Real Estate Taxes) same or any other term better condition as of the Lease which depends on the rentable square footage of the Premisesdate that such new decking was installed.
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