Common use of Demise of Premises Clause in Contracts

Demise of Premises. Effective as of January 1, 2013, Exhibit A to the Sublease is hereby deleted and shall be of no further force and effect, and Exhibit A-1 to this Amendment is hereby substituted in its place. All references in the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Sublease, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, and MPO room on the 1st Floor of the Building, consisting of 8,287 sq. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expense.

Appears in 1 contract

Samples: Sublease Agreement (Blackhawk Network Holdings, Inc)

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Demise of Premises. Effective In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specified and subject to and with the benefit of the provisions of that certain ground lease dated May 11, 2000 and executed by and between Xxxxxx X. Xxxxxxx and Xxxxxxx X. Xxxxxxx, Trustees of Two Littleton Road Realty Trust, u/d/t dated January 30, 1997 and recorded with the Middlesex North Registry of Deeds in Book 8425, Page 143 and as Trustees of January 1One Littleton Road Realty Trust, 2013u/d/t dated December 30, 1991 and recorded with said deeds in Book 5768, Page 183, as "Landlord" and Landlord, as "Tenant", notice of which was recorded in said Deeds in Book 10832, Page 7 relating to the Lot (the "Ground Lease"), Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as described in Article I hereof. Tenant shall have the right to expand the Premises, as set forth on Exhibit J attached hereto. Tenant shall have, as appurtenant to the Premises, the exclusive right to use the areas shown on the Plans attached hereto as Exhibit A as "Building Parking Area", including all loading docks and loading areas, service areas and the like located on the Lot, all subject to and as further provided in Section 26.10 and elsewhere in this Lease. Tenant shall have, as appurtenant to the Sublease Premises, the right to use in common with others entitled thereto, subject to reasonable rules and regulations of general applicability to tenants and owners of other lots in the Westford Technology Park West (the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is hereby deleted given notice: (a) all common areas now or hereafter located at the Park, including without limitation, the Common Areas (the "Common Areas") shown on the Plan of Common Areas of the Park attached as part of Exhibit A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, (b) a right of access to the Premises and shall be parking areas serving the Premises, at all times, use of no further force all access, service areas, utility lines including those for electricity, gas, water and effectsewage disposal, (c) use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, (d) use of all means of access to and from the Building to the Common Areas, including without limitation, all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, and Exhibit A-1 (e) all rights appurtenant to this Amendment is hereby substituted in its place. All references the Lot and the Building created in the Sublease deed attached hereto as Exhibit F. Landlord reserves the right from time to Exhibit A henceforth time without unreasonable interference with Tenant's use, but subject to Tenant's prior written consent (which shall not be deemed unreasonably withheld, conditioned or delayed) to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premisesalter or relocate any other common facility, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Sublease, as amended by this Amendment. Without including without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, lot lines and MPO room on the 1st Floor of the Building, consisting of 8,287 sq. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional parking areas, at Subtenant’s sole cost provided that substitutions are substantially equivalent or better and expenseprovided that Landlord does not materially and adversely affect any of Tenant's rights hereunder.

Appears in 1 contract

Samples: Lease and Termination Agreement (Netscout Systems Inc)

Demise of Premises. Effective as Landlord hereby demises and leases to Tenant and Tenant hereby takes and leases from Landlord for the term and upon the provisions hereinafter specified the following described property (collectively, the “Leased Premises”): (i) that portion of January 1, 2013, the lot or parcel of land described on Exhibit A attached hereto (and depicted on the Preliminary Site Plan attached hereto as Exhibit A-1) that is contained within the building footprint of the Hospital and the Parking Structure, together with the easements, rights, and appurtenances thereunto belonging or appertaining (“Land”), (ii) the Building, structures, and other improvements now located or hereafter constructed on the Land (collectively, the “Improvements”); and (iii) the machinery and equipment which is attached to the Sublease is hereby deleted Improvements in such a manner as to become fixtures under applicable Law, together with all additions and shall be of no further force accessions thereto, substitutions therefor and effectreplacements thereof permitted by this Lease (collectively, and Exhibit A-1 to this Amendment is hereby substituted in its place. All references in the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment“Equipment”), excepting therefrom the Trade Fixtures. The parties intend that after Land is located on a larger tract of land (the date “Master Tract”), consisting of this Amendment additional Net Rentable Area will be added to the Subleased Premises in accordance with the schedule shown approximately thirty (30) acres as depicted on Exhibit A-1. Effective The Master Tract has been or will be subjected to a Reciprocal Easement Agreement for Forest Park Medical Center at Southlake. Such Reciprocal Easement Agreement (as the same may be amended from time to time) together with any other agreement or document of record creating easements and other rights in favor of the owners of the Master Tract and others now or in the future affecting the Leased Premises (provided such future agreements are consented to in writing by Tenant) are herein referred to collectively as the “REA”. So long as Tenant is entitled to possession of the Leased Premises, but subject to the provisions of this Lease and the REA, Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use in common with Landlord and other tenants or occupants of other buildings located on the date each such additional area is added to the Subleased PremisesMaster Tract, Safeway subleases to Subtenanttheir invitees and guests, and Subtenant subleases others as designated by Landlord from Safewaytime to time (i) the surface parking lots (other than the Parking Structure) constructed on the Master Tract and (ii) all lobbies, such areadriveways, upon all sidewalks and other areas and facilities on the termsLand, conditions, in the Building and provisions other portions of the Sublease, as amended by this Amendment. Without limitation, on each date Master Tract from time to time intended for the Net Rentable Area common use of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation Tenant and other tenants or occupants of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, and MPO room other buildings located on the 1st Floor Master Tract as determined by Landlord and the owners of the Building, consisting of 8,287 sqsuch buildings. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible Lease Agreement for the construction and installation of any tenant improvements it desires to install within the additional areas, Forest Park Medical Center at Subtenant’s sole cost and expense.Southlake

Appears in 1 contract

Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)

Demise of Premises. Effective as of January 1, 2013, Exhibit A ‌ Subject to the Sublease is terms and conditions set forth in this Agreement, District hereby deleted demises and shall be of no further force leases to Lessee and effectLessee hereby lease from District, that certain land, and any buildings, structures, fixtures, fences, utility installations, parking facilities, landscaping and irrigation systems currently existing or hereafter located thereon at the Greenville-Spartanburg International Airport, as more particularly described on Exhibit A-1 “A” hereto (“Premises”). If required by District, Lessee shall cause a survey of the Premises to be undertaken at Lessee's expense (“Survey”). Based upon the Survey a clarified legal description will be prepared by Lessor and attached as Exhibit “A-1” to this Amendment is hereby substituted in its place. All references in Agreement and the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions size of the Sublease, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, and annual rent will be adjusted to reflect such increaseif necessary. The lobby, break room, shared conference roomsLessee hereby Agreements the Premises subject to, and MPO room on Lessee hereby agrees to comply with: (i) all applicable building codes, zoning regulations, and municipal, county, state and federal laws, ordinances and regulations governing or regulating the 1st Floor Premises or its uses, (ii) all covenants, easements and restrictions of record, (iii) “Rules, Regulations, and Minimum Standards Covering Airports Owned or Controlled by the BuildingGreenville- Spartanburg Airport District“, consisting of 8,287 sq. ft. as the same may be amended from time to time (“First Floor Shared SpaceMinimum Standards”), will (iv) the Greenville-Spartanburg Airport District Master Plan dated March 2020, as the same may be shared by Safeway modified hereafter (the “Master Plan”), (v) the Greenville- Xxxxxxxxxxx Xxxxxxx Xxxxxxxx Xxxx Use Planning and Subtenant until January 1Development Plan dated November 2012, 2015, when additional area will as the same may be added to modified hereafter (the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements thereinLand Use Plan”), and [***] Certain information (vi) and the to be adopted Xxxxxxxxxx-Xxxxxxxxxxx Xxxxxxx Xxxxxxxx Design and Development Standards, as the same may be modified hereafter (the “Design and Development Standards”). All Exhibits referred to anywhere herein are deemed incorporated herein in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expensetheir entirety.

Appears in 1 contract

Samples: Lease Agreement

Demise of Premises. Effective Landlord does hereby lease, rent, let and demise unto Tenant, and Tenant does hereby take and hire from Landlord, upon and subject to the terms and conditions of this Lease, the Demised Premises, for the Term (as herein defined). The “Demised Premises” means and includes (i) all that parcel of land situated in the Township of Xxxxx, County of Xxxxxx and State of New Jersey, legally described as the Land in Exhibit A attached hereto and made a part hereof, together with any and all rights, benefits, privileges, easements and real property rights now or hereafter appurtenant to either or both of such land or any Improvements (as herein defined) now or hereafter located or erected thereon, including the right to use the driveways, entrances, exits, sidewalks and other facilities and Common Elements (as defined in the Master Deed (as defined in Section 9.2)), including, without limitation, surface parking facilities with a total of approximately 780 parking spaces, which are not located on such land but are a Limited Common Element (as defined in the Master Deed) for the use of the owners and tenants and their respective employees, guests, occupants and invitees of the land encumbered by the Master Deed and commonly referred to as Princeton South Corporate Center (the “Center”), in accordance with or pursuant to the Condominium Documents (as defined in Section 9.2) (collectively the “Land”), together with (ii) all Improvements now or hereafter from time to time located and to be constructed on the Land, including without limitation, a 3-story office building complex with two towers of approximately 125,000 square feet each, determined in accordance with BOMA Standards (as defined in Section 3.1), and an inter-tower enclosed, heated and air-conditioned walkway. The Landlord’s Improvements (as defined in Article II) and all other improvements, machinery, equipment, fixtures and other property, real, personal or mixed (except Tenant’s Property (as herein defined) and trade fixtures) installed or located thereon, together with all additions, alterations and replacements thereof, are hereinafter referred to as the “Improvements.” The Demised Premises (a) are subject to the easements, restrictions, reservations and other encumbrances recorded as of January 1the date hereof against the Land and listed on Exhibit A-1 attached hereto and made a part hereof (subject to Article IX below), 2013, Exhibit A (b) shall be subject to the Sublease is hereby deleted easements, restrictions, reservations and other encumbrances recorded against the Land after the date hereof (subordinate, in the case of mortgages, only to mortgages as to which the mortgagee has entered into an SNDA with Tenant in accordance with this Lease) and consented to in writing by Tenant, which consent will not be unreasonably withheld, delayed or conditioned (and shall be deemed given if Tenant fails to grant or withhold consent within five (5) business days after Landlord provides a second written notice to Tenant which references this Section of no further force the Lease and effectconspicuously states in bold, 12 point font or larger that Tenant has failed to grant or withhold consent within five (5) business days after the first request and Exhibit A-1 if Tenant fails to this Amendment is hereby substituted in its place. All references in respond to the Sublease to Exhibit A henceforth second written notice within five (5) business days of delivery of the second notice it shall be deemed that Tenant’s consent has been granted) if the same are required by governmental authorities or utility providers to refer permit the development of the Improvements consistent with the approved Final Plans and Specifications, and (c) shall be subject to Exhibit A-1 to this Amendment. The parties intend that such other easements, restrictions, reservations and other encumbrances recorded against the Land after the date hereof (other than those described in clause (b) above) and consented to in writing by Tenant, which consent will not be unreasonably withheld, delayed or conditioned (and shall be deemed given if such consent is not granted or withheld within five (5) business days after a second written request to Tenant which references this Section of this Amendment additional Net Rentable Area will be added the Lease and conspicuously states in bold, 12 point font or larger that Tenant has failed within five (5) business days of Landlord’s first request therefor to grant or withheld consent and if Tenant fails to respond to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions second written notice within five (5) business days of delivery of the Sublease, second notice it shall be deemed that Tenant’s consent has been granted) if the same do not materially and adversely affect Tenant’s use of the Demised Premises and Common Elements as amended permitted by this AmendmentLease and the Condominium Documents, do not impose on Tenant an obligation to pay money that is not consistent with Tenant’s Lease obligations, or materially increase Tenant’s obligations or materially diminish Tenant’s rights under this Lease. Without limitation, on each date the Net Rentable Area The structures located upon and being a part of the Subleased Demised Premises is so increased Subtenant’s Pro Rata Sharewhich are now or hereafter from time to time constructed for human occupancy or for storage of goods, for all purposes under this Agreement including merchandise, equipment, or other personal property are hereinafter collectively referred to as the calculation of Base Rent, will be adjusted to reflect such increase. “Building.” The lobby, break room, shared conference rooms, site plan attached hereto as Exhibit A-2 and MPO room on made a part hereof generally depicts the 1st Floor intended location and orientation of the Building, consisting parking areas, entrances, exits and site improvements to be constructed by Landlord on the currently vacant Land, as well as the private internal drives, roadways, sidewalks, landscaped areas, and means of 8,287 sq. ft. pedestrian and vehicular ingress, egress and regress to and from the Demised Premises within the Center (“First Floor Shared Space”and to and from the Center to adjacent public streets), and is subject to change, provided Tenant has first consented to such change in writing, which consent will not be shared by Safeway unreasonably withheld delayed or conditioned (and Subtenant until January 1shall be deemed given if Tenant fails to grant or withhold consent within five (5) business days after Landlord provides a second written notice to Tenant which references this Section of the Lease and conspicuously states in bold, 2015, when additional area will be added 12 point font or larger that Tenant has failed to grant or withhold consent within five (5) business days after Landlord’s first written request and if Tenant fails to respond to the Subleased Premisessecond written notice within five (5) business days of delivery of the Second notice it shall be deemed that Tenant’s consent has been granted) to the extent (i) contemplated by the Final Plans and Specifications (as herein defined), including (ii) required by applicable laws, codes, ordinances, rules and/or regulations, and (iii) such change does not materially and adversely affect Tenant’s use of the First Floor Shared SpaceDemised Premises and Common Elements for the purposes permitted by this Lease and Condominium Documents, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no does not impose upon Tenant an obligation to make any repairs or construct any improvements to the additional areas in connection pay money that is not consistent with SubtenantTenant’s contemplated use, or to demolish existing improvements thereinLease obligations, and [***] Certain information in does not materially increase Tenant’s obligations nor materially diminish Tenant’s rights under this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expenselease.

Appears in 1 contract

Samples: Lease Agreement (Church & Dwight Co Inc /De/)

Demise of Premises. Effective The Lessor, having full authority to make this lease and the agreements hereinafter set forth ("this Lease"), and in consideration of the rents herein agreed to be paid and of the covenants and agreements agreed to herein by Lessee hereby, demises and leases to Lessee and Lessee hereby leases from Lessor all of Lessor's right, title and interest in the premises and property located in the City of Las Cruces, County of Dona Ana, and State of California, described as of January follows: LOT 1, 2013USRS TRACT 9D-75A, Exhibit A Plat No. 1, in the City of Las Xxxxxx, Xxxx Xxx Xxxxxx, Xxw Mexico, as the same is shown and xxxxgxxxed on Plat No. 2486, thereof filed for record in the Office of the County Clerk of said county on February 1, 1994, and recorded in Book 18, pages 7-8, Plat records, Dona Ana County, New Mexico, togetxxx xxxx xxx xxxxxxxx, xxxxxxxxxxxx and fixtures located on said property (collectively, the "Improvements") and all rights, easements and appurtenances relating thereto. Said real property, Improvements, rights, easements and appurtenances are hereinafter referred to as the "Demised Premises." Lessee agrees that, during the term of this Lease, Lessee is obligated to and shall perform all obligations of the owner of the Demised Premises and pay all expenses which the owner of the Demised Premises may be required to pay in order to be in compliance with Legal Requirements and with any reciprocal easement agreement or any other agreement or document of record now, or of record in the future if created or filed by or with the consent of Lessee, affecting the Demised Premises (other than any security document filed by or relating to Mortgage), herein referred to collectively as the "REA", and that Lessee shall comply with all of the terms and conditions of Legal Requirements and the REA during the term of this Lease, to the Sublease is hereby deleted extent such obligations, expenses, terms and shall be of no further force and effect, and Exhibit A-1 to this Amendment is hereby substituted in its place. All references in the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added conditions pertain to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Demised Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Sublease, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, and MPO room on the 1st Floor of the Building, consisting of 8,287 sq. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expense.

Appears in 1 contract

Samples: Lease Agreement (Holiday Rv Superstores Inc)

Demise of Premises. Effective as CONSTRUCTION BY LESSOR. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, for the rental term and upon the covenants and conditions herein stated, the following premises, consisting of January 1, 2013, Exhibit A a building (the "Building") to the Sublease is hereby deleted be designed and shall be constructed by or on behalf of no further force and effect, and Exhibit A-1 to this Amendment is hereby substituted in its place. All references in the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added to the Subleased Premises Lessor in accordance with the schedule shown final plans and specifications attached hereto as Schedule A and made a part hereof (the "Plans and Specifications") on Exhibit A-1. Effective land in the Town of Kirkwood, County of Broome, New York adjacent to Route 11 and more particularly descrixxx xn Schedule B attached hereto and made a part hereof, together with the right to use the main access road and private road to the main highway as depicted on the date each such additional area is added Site Plan as hereinafter defined, to be used in common with other property (said land, building and appurtenances known as the Subleased "Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Sublease, as amended by this Amendment"). Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, and MPO room on the 1st Floor of the Building, consisting of 8,287 sq. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant Lessor shall be responsible for and shall construct to completion all elements of the Building and site improvements as set forth in the Plans and Specifications and shall include, whether or not set forth on the Plans and Specifications recycled asphalt access drive, truck loading and parking areas, automobile parking sufficient for fifty (50) cars, curbing and bumpers, lot striping, sidewalks to entrances, storm drainage facilities as required and a rail siding (which siding may extend to serve and be used in common with other property), all truck ramp doors shall be at least 18 feet wide and 16 feet high, an indoor utility sink, garage doors allowing sufficient height clearance for fork lift use to, on and under the door areas and curbing on each side of the ramps from ground level to warehouse floor level, the two rail access doors shall be evenly spaced across the Building and the first and second floor plans shall be reversed. Lessee shall make available to Lessor, and shall deliver to the Premises within forty-five (45) days of receipt of Lessor's written request, the items set forth on Schedule B-1 attached hereto and made a part hereof; provided, however, if Lessee is unable to make all or any part of such items available within said forty-five (45) day period, due to circumstances beyond Lessee's control, Lessee shall have an additional thirty (30) days to make such items available, at which time, if such items are not available, Lessor shall purchase such items at the lowest price reasonably available and submit an invoice to Lessee for such items which Lessee shall pay within thirty (30) days of receipt. All construction work shall be performed and completed in a good and workmanlike manner, in accordance with all rules and regulations of insurance carriers and governmental authorities having jurisdiction over the Premises. Lessor at its expense shall obtain any building permits, occupancy permits or certificates necessary for the lawful construction and installation occupancy of the Premises by Lessee for the purposes set forth herein. Lessor shall enforce for the benefit of Lessee any tenant improvements it desires to install within the additional areasand all warranties obtained from Lessor's general contractor, or any subcontractor or supplier, including, without limitation, American Buildings Company. Further, Lessor shall obtain, at Subtenant’s sole Lessor's cost all warranties available for the structure supplied by American Buildings Company except the "weatherproofing" warranty which shall be obtained only at Lessee's cost and expenseupon Lessee's written request.

Appears in 1 contract

Samples: Lease Agreement (Morgan Products LTD)

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Demise of Premises. Effective Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") presently known, as of January 1, 2013, Exhibit A to the Sublease is hereby deleted and shall be of no further force and effect, and Exhibit A-1 to this Amendment is hereby substituted in its place. All references in the Sublease to Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area Lease, as 4425 and 0000 Xxxxxxx Xxxxx, situated in the City of San Xxxx, County of Santa Xxxxx, State of California, described as follows: approximately one hundred fifteen thousand five hundred and one (115,501) square feet of floor space located in Building B and a portion of Building C (Building B and Building C are hereinafter collectively referred to as the "Building"), as shown cross-hatched on the site plan (the "Site Plan") attached hereto as Exhibit "A", together with the Tenant Improvements to be constructed by Landlord pursuant to the Improvement Agreement attached hereto as Exhibit "C". The actual leased square footage shall be determined upon final approval of the Final Tenant Improvement Plans pursuant to Exhibit "C" attached hereto. The Premises are located on a larger parcel (the "Parcel") containing other buildings in addition to Buildings B and C (all buildings on the Parcel are collectively referred to as the "Buildings") as shown on the Site Plan, which Parcel is described in Exhibit "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premises are located. Except as provided in Exhibit "C", Landlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "as-is" condition; provided, however, the Premises will be added delivered to the Subleased Premises Tenants in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premisesgood condition and repair, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Sublease, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, roof and MPO room on the 1st Floor structural integrity of the Building, consisting and the Premises as they exist on the date of 8,287 sq. ft. execution of this Lease (“First Floor Shared Space”exclusive of any tenant Improvements constructed pursuant to Exhibit "C"), will be shared by Safeway in compliance with all governmental codes, ordinances and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premisesstatutes, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expenseAmericans With Disabilities Act ("ADA").

Appears in 1 contract

Samples: Lease Agreement (Oplink Communications Inc)

Demise of Premises. Effective In consideration of the rents and covenants herein stipulated to be paid and performed and upon the terms and conditions hereinafter specified, Landlord hereby demises and lets to Tenant, and Tenant hereby leases from Landlord, for the respective terms hereinafter described, the Premises as of January 1described in Article I hereof, 2013, Exhibit A to which Premises include the Sublease is hereby deleted appurtenances described below and in Section 26.10 hereof. The Premises shall be leased in "as is" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, on behalf of no further force and effectLandlord to Tenant, and Exhibit A-1 to this Amendment is hereby substituted in its placeexcept as otherwise expressly set forth herein. All references in the Sublease to Exhibit A henceforth Tenant shall be deemed to refer to Exhibit A-1 to this Amendment. The parties intend that after the date of this Amendment additional Net Rentable Area will be added to the Subleased Premises in accordance with the schedule shown on Exhibit A-1. Effective on the date each such additional area is added to the Subleased Premises, Safeway subleases to Subtenant, and Subtenant subleases from Safeway, such area, upon all the terms, conditions, and provisions of the Subleasehave, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted appurtenant to reflect such increase. The lobby, break room, shared conference rooms, and MPO room on the 1st Floor of the Building, consisting the right to use in common with others entitled thereto, subject to reasonable rules and regulations of 8,287 sq. ft. general applicability to tenants and owners of other lots in Xxxxxxxxx Farm-Westford Technology Park (“First Floor Shared Space”)the "Office Park" or the "Park") from time to time made by Landlord according to Section 12.8 of this Lease of which Tenant is given notice: all common areas (the "Common Areas") shown on the Plan of Common Easements of the Office Park attached as part of Exhibit "A", will be shared by Safeway and Subtenant until January 1including, 2015without limitation, when additional area will be added a right to access to the Subleased Premises at all times, use of all service areas, use of all utility lines including those for electricity, gas, water and sewage disposal, use of all facilities for drainage of surface water runoff, including storm drainage systems and detention areas, use of all grades, driveways, sidewalks and footways, lighting systems and traffic flow patterns and, if any, all parking areas designated as common or visitors parking areas for use of the entire Office Park, if any, including, without limitation, all rights appurtenant to the Lot and the Building created in the deed (attached as Exhibit D) to Landlord. In addition, the Tenant shall have, as appurtenant to the Premises, including (i) the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate exclusive right and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested easement with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant Lot to use all improvements it desires to install within the additional thereon including, without limitation, all parking areas, at Subtenant’s sole cost loading areas, service areas and expensethe like, (ii) the common right and easement with respect to the Lot to use all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, and the driveways, grades, roads and the like, (iii) the common right and easement with respect to the Lot to use all utility lines, electricity, water, sewage treatment plant, and (iv) the common right and easement with respect to the Lot to use all facilities for drainage of surface water runoff; all of the foregoing rights being subject to reasonable rules and regulations of general applicability to Tenant, tenants, and owners of lots in the Office Park from time to time made by Landlord according to Section 12.8 of this Lease.

Appears in 1 contract

Samples: Attornment Agreement (Netscout Systems Inc)

Demise of Premises. Effective as of January 1, 2013, Exhibit A Subject to the Sublease is terms and conditions in this Lease, Landlord hereby deleted and shall be of no further force and effectleases to Tenant, and Tenant hereby hires and takes from Landlord, all of that certain two-story building (the “Building”) consisting of 64,000 square feet of rentable space (but without warranty as to square footage) located at 0000 Xxxxxx Xxxx, Xxx Xxxx, Xxxxxxxxxx, together with that portion of the Land (as defined below) on which the Building is located, and any areas located on the Land that are contiguous to the Building and that provide access to the Building, including the front entranceway and any loading areas that exclusively serve the Building (collectively with the Building, the “Premises”). The Building is depicted on the site plan (the “Site Plan”) attached as Exhibit A-1 to this Amendment Lease. The Site Plan depicts the office complex (the “Complex”), of which the Building forms a part, located on the land (the “Land”) that is hereby substituted in its place. All references in the Sublease to legally described on Exhibit A henceforth shall be deemed to refer to Exhibit A-1 to this AmendmentA-2 attached hereto. The parties intend hereby acknowledge that after the date purpose of this Amendment additional Net Rentable Area will be added Exhibit A-1 is to show the approximate location of the Premises in the Complex (as defined below) and such Exhibit is not meant to constitute an agreement, representation or warranty as to the Subleased construction of the Premises, the precise area thereof or the specific location of the Common Areas (as that term is defined in Paragraph 6), or the elements thereof or of the access ways to the Premises or the Complex. As used in accordance this Lease, the term “Complex” or the “Property” means the Premises, a second building comprising 116,000 square feet of space (the “Other Building” and, together with the schedule shown on Exhibit A-1. Effective Building, the “Buildings”), surface parking areas (collectively, the "Parking Area" or “Parking Areas”), and certain other improvements on the date each such additional area is added Land that are or may be reasonably designated from time to time by Landlord as Common Areas appurtenant to or servicing the Subleased Premises, Safeway subleases to SubtenantBuildings, and Subtenant subleases from Safewayall other improvements, such area, fixtures and equipment now or hereafter situated on the Land. This Lease is made upon all and subject to the terms, conditionscovenants and conditions hereinafter set forth, and provisions Tenant covenants as a material part of the Subleaseconsideration for this Lease to perform and observe each and all of such terms, as amended by this Amendment. Without limitation, on each date the Net Rentable Area of the Subleased Premises is so increased Subtenant’s Pro Rata Share, for all purposes under this Agreement including the calculation of Base Rent, will be adjusted to reflect such increase. The lobby, break room, shared conference rooms, covenants and MPO room on the 1st Floor of the Building, consisting of 8,287 sq. ft. (“First Floor Shared Space”), will be shared by Safeway and Subtenant until January 1, 2015, when additional area will be added to the Subleased Premises, including the First Floor Shared Space, the result of which will be that Subtenant will sublease the entire Building. Safeway will vacate and deliver each such additional area in its then existing “as is” condition. Safeway will have no obligation to make any repairs or construct any improvements to the additional areas in connection with Subtenant’s contemplated use, or to demolish existing improvements therein, and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Subtenant shall be responsible for the construction and installation of any tenant improvements it desires to install within the additional areas, at Subtenant’s sole cost and expenseconditions.

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

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