Common use of DEMISE OF LEASED PREMISES Clause in Contracts

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Premises. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article 2.2 below, shall be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord.

Appears in 2 contracts

Samples: Acceptance Agreement (Rackable Systems, Inc.), Industrial Space Lease (Silicon Graphics International Corp)

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DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estateLandlord, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to fifty percent (50% %) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises Premises, the Property, and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises Premises, the Property, and the Project, shown on Schedule 2.1 attached hereto (the “Existing Title Encumbrances”), and (iv) all reasonable reasonable, non-discriminatory rules and regulations from time to time established by Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its other tenants all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except as provided for in Paragraph 4.14 below; provided, however, during the period, if any, that Tenant is leasing one hundred percent (100%) of all of the rentable square footage in the Building, Tenant shall have the exclusive right to one hundred percent (100%) of the Available Rooftop Space (as defined in Paragraph 4.14 below).

Appears in 2 contracts

Samples: Lease (Aruba Networks, Inc.), Lease (Aruba Networks, Inc.)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to fifty percent (50% %) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable rules and regulations from time to time established by Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease. Tenant acknowledges receipt, without representation or warranty by Landlord, of Landlord’s existing title insurance policy relating to the Property (the “Title Policy”). Landlord represents to Tenant that to Landlord’s knowledge, there are no covenants, conditions and restrictions encumbering the Property other than as shown on the Title Policy. In addition, Landlord also agrees that Tenant’s construction of the Tenant Improvements (as defined in Paragraph 2.5 below) as approved by Landlord and constructed in accordance with the Work Letter (as defined in Paragraph 2.4 below), will not constitute a default under this Lease, even if the same is a technical default under the covenants, conditions and restrictions described in Paragraph 1 of Schedule B of the Title Policy.

Appears in 2 contracts

Samples: Sublease (Gigamon Inc.), Lease (Palo Alto Networks Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s 's own use in for the conduct of Tenant’s business Permitted Use and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Premises. Tenant’s 's lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraphs 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Laws and Private RestrictionsRestrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (ivv) all reasonable rules and regulations from time to time established by LandlordLandlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Lease.

Appears in 2 contracts

Samples: Iv Lease (Jazz Semiconductor Inc), Iv Lease (Jazz Semiconductor Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Premises. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable rules and regulations from time to time established by LandlordLandlord related to the Leased Premises. Tenant shall have access to the Leased Premises and the parking area within the Common Areas twenty-four (24) hours a day, seven (7) days a week throughout the Lease Term. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Biolase, Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to fifty percent (50% %) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises Premises, the Property, and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises Premises, the Property, and the ProjectProject or entered into after the date hereof in accordance with this Lease, and (iv) all reasonable rules and regulations from time to time established by LandlordLandlord provided Tenant is given notice of the same and the same do not conflict with this Lease, increase the monetary obligations of Tenant hereunder, or decrease Tenant’s rights hereunder. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings sub-lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintainmaintains, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Lease Premises. Tenant’s lease Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all ail the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord.

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases subleases to Tenant and Tenant hereby leases subleases from Landlord for Tenant’s 's own use in the conduct of Tenant’s 's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% seventy-five percent (75%) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease 's sublease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises Premises, the Property, and the Project, (iii) all Private Restrictions, easements and other matters now or hereafter of public record and of which Tenant has been given written notice respecting the use of the Leased Premises Premises, the Property, and the Project, and (iv) the Rules and Regulations (as defined in Paragraph 4.12). Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all reasonable rules rights of access, use and regulations from time occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof Tenant shall have access to time established by Landlordthe Leased Premises twenty-four (24) hours a day, seven (7) days a week and three hundred sixty-five (365) days a year.

Appears in 1 contract

Samples: By And (Equinix Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) I as the Leased Premises, reserving and excepting to Landlord the exclusive right to fifty percent (50% %) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the ProjectProperty, and (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable rules and regulations from time to time established by the Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease.

Appears in 1 contract

Samples: Lease (Vivus Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) I as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations locations, which will not materially interfere with Tenant’s use of the Leased Lease Premises. Tenant’s lease Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (iI) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord.

Appears in 1 contract

Samples: Lease (Adeza Biomedical Corp)

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DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings sub-lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintainmaintains, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Lease Premises. Tenant’s lease Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord.

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use the Permitted Use in the conduct of Tenant’s 's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Premises. Tenant’s 's lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable rules and regulations from time to time established by Landlord, and (v) payment of all taxes, assessments, license fees, sales tax, use fees, permit fees and public charges assessed due to Tenant's Permitted Use. Subject to the provisions of this Lease, Landlord shall provide to Tenant twenty four (24) hours per day, seven day per week, access to and use of the Leased Premises and all Outside Areas (including parking). Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof.

Appears in 1 contract

Samples: Lease (Passionate Pet, Inc.)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) I as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Lease Premises. Tenant’s lease Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (iI) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord.

Appears in 1 contract

Samples: Lease (Adeza Biomedical Corp)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s own use in the conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to fifty percent (50% %) of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation assignment consideration and excess rentals as provided in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable and non-discriminatory rules and regulations from time to time established by Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant’s maintenance and repair obligations pursuant to this Lease.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s 's own use in the conduct of Tenant’s 's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, along with the land and appurtenances thereto reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings sub lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s 's use of the Leased Lease Premises. Tenant’s lease 's Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws governing the use of the Leased Premises and the Project, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the Project, and (iv) all reasonable rules and regulations from time to time established by Landlord, which are provided to the Tenant, in writing.

Appears in 1 contract

Samples: Adeza Biomedical Corp

DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant’s 's own use in the conduct of Tenant’s 's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1(s) 1 as the Leased Premises, reserving and excepting to Landlord (a) such access as may be required (including but not limited to elevator access) by Landlord to the exclusive Building roof and heating, ventilating, air conditioning, ducting, and cabling systems, (b) the right to 50% of all profits to be derived from any assignments or sublettings by Tenant during place additional vertical penetrations behind the Lease Term by reason of the appreciation in the fair market rental value walls of the Leased Premises. Landlord further reserves Premises as needed for heating, ventilating, air conditioning, ducting, and cabling, and (c) the right to install, maintain, use fifty percent (50%) of all assignment consideration and replace ducts, wires, conduits and pipes leading through the Leased Premises excess rentals as provided in locations which will not materially interfere with Tenant’s use of the Leased PremisesArticle 7 below. Tenant’s 's lease of the Leased Premises, together with the appurtenant non-exclusive right to use the Common Outside Areas as described in Article Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of the this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the ProjectProperty, (iii) all Private Restrictions, easements and other matters now of public record respecting the use of the Leased Premises and the ProjectProperty, and (iv) all reasonable rules and regulations from time to time established by Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees all rights of access, use and occupancy of the Building roof, and Tenant shall have no right of access, use or occupancy of the Building roof except (if at all) to the extent required in order to maintain and repair any of Tenant's equipment located upon the roof as of the Effective Date of this Lease, or such equipment as may thereafter be approved by Landlord in its reasonable discretion pursuant to Section 4.14 below for placement in a Landlord-designated area upon the roof, or to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Lease. Tenant shall not be required to pay rent or other amounts to Landlord for the right to maintain its existing equipment on the roof as of the Effective Date of this Lease.

Appears in 1 contract

Samples: Lease (Macromedia Inc)

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