Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet. (b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 2 contracts
Sources: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and lets to Tenant and Tenant hereby hires and leases from Landlord the Premises for the Term, upon the conditions and limitations set forth herein. Landlord is the owner of the Complex and has full rights and authority to make this Lease. Landlord warrants that the Premises are not subject to any restrictions imposed by other tenants in the Building. Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the Tenant rents from the LandlordTerm, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all timesright to use, in common with others entitled theretoto such use, the common areas in the Building. In addition, subject to Landlord’s reasonable regulations, restrictions and guidelines, Tenant’s rights to the Premises include Tenant’s right to use and access (i) the janitorial closet, electrical and telephone rooms on the floor of the Building on which the Premises is located, (ii) conduit risers in the Building for Tenant’s effective and efficient use of the common drivewaysPremises permitted hereunder, entrances and exits, roadways, pedestrian walkwaysso long as use of the riser does not adversely affect Landlord’s use thereof (other than there being less usable space therein) or any equipment or facilities in the riser, and service areas (iii) the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject area above the ceiling up to the underside of the floor of the space above the Premises and the areas behind the walls in the Premises, to install and service wire, conduit and cable that service Tenant’s equipment in the Premises in accordance with, and subject to, the other terms and provisions of this lease (Lease and Landlord’s rights hereunder with respect to such areas. Tenant shall be solely responsible for damage to, or repairs required to be made to, any area in the “Lease”) and to the rules and regulations made Premises or Building caused by the Landlord with respect thereto from time to timeexercise by Tenant of its rights in this Section.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
Demise. (a) In consideration of Subject to the rents, covenants and agreements hereinafter reserved contained in this Lease, Landlord leases to Tenant and contained Tenant hires from Landlord, Suite Number 1200 (the “Premises”) on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hopetwelfth (12th) floor, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands configuration of the Premises is shown on Exhibit A, attached hereto and made a part hereof by reference. Tenant acknowledges that it has made its own inspection of and inquiries regarding the Premises, subject to the terms and conditions this Lease. Therefore, except for the improvements to be completed by Landlord pursuant to Exhibit B, attached hereto and made a part hereof by reference, and subject to Landlord’s obligations under this Lease, and subject to any latent defects of which Tenant notifies Landlord in writing within eighteen (18) months after the date of substantial completion of the Improvements and the delivery of the Premises to Tenant, ▇▇▇▇▇▇ accepts the Premises in their “as-is” condition. Tenant further acknowledges that Landlord has made no representation or warranty, express or implied, except as are contained in this Lease and its Exhibits, regarding the condition, suitability or usability of the Premises or the Building for the purposes intended by ▇▇▇▇▇▇. Landlord shall, at its sole cost and expense, cause the Building’s electrical, plumbing, HVAC and elevator systems, and any other Building systems serving the Premises, to be in good working order and repair as of the Commencement Date. The Building, the Building’s parking facilities, any outside plaza areas, land and other improvements surrounding the Building which are hereinafter designated from time to time by Landlord as Common Areas appurtenant to or servicing the Building, and the land upon which any of the foregoing are situated, are herein sometimes collectively referred to as the “Real Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 2 contracts
Sources: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)
Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Section 2.1. Landlord hereby demises and leases subleases the Demised Premises to the Tenant, and Tenant hereby subleases the Tenant rents Demised Premises from the Landlord, for the lands situatePermitted Use upon the terms, lying provisions and being conditions in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached)this Sublease contained, and municipally known except as ▇▇▇ ▇▇▇▇▇ otherwise expressly provided in this Sublease, subject to the terms, provisions and conditions of the Over▇▇▇▇▇▇ (. During the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereonInitial Term Tenant shall have, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right appurtenant to the parking spaces located in the east parking lot at the front of the BuildingDemised Premises, as well as the non-exclusive right, at all times, right to use in common with Landlord and others entitled thereto, subject to Landlord's reasonable rules relating thereto, the areas marked with an "X" or an arrow on Exhibit B. During the Extended Term, Tenant shall have such rights to all such areas except those on the third floor and the stairwell and elevator to the use third floor.
Section 2.2. The Tenant covenants and agrees that it will not enter any other portion of the common drivewaysPremises at the Buildings at any time for any purpose without Landlord's express consent, entrances that it will not in any way interfere with Landlord's business operations or Landlord's use and exitsoccupancy of the Premises, roadways, pedestrian walkwaysnor will it permit any such interference, and service areas (the “Common Areas that it will comply with all of Landlord's security and/or confidentiality measures and Facilities”). The use of all Common Areas procedures, health and Facilities shall be subject to the provisions of this lease (the “Lease”) safety procedures and to the any other reasonable rules and regulations made by of Landlord regarding the use and occupancy of the Demised Premises, the Premises and the Property Common Areas described in the Over▇▇▇▇▇. ▇▇e foregoing shall not be deemed to impose a duty upon Landlord with respect thereto from time to timesuch matters, it being understood that Tenant shall remain solely responsible for its own security, confidentiality, health and safety and that of its property, employees and invitees. Tenant will install locks on the laboratories contained within the Demised Premises and shall be solely responsible for its personal property and security as to the Demised Premises and its contents, including personal and other property, but not the balance of the Premises or the contents thereof.
Appears in 2 contracts
Sources: Sublease (Chemgenics Pharmaceuticals Inc), Sublease (Millennium Pharmaceuticals Inc)
Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the lets unto Tenant, and Tenant hereby hires and takes from Landlord the premises outlined on the plan attached hereto as EXHIBIT “A” being a portion of the SECOND FLOOR, identified as the Unit in Paragraph 1.1 above (the “Premises”) of the Office Building located at the address set forth in Paragraph 1.1. above (the “Building”), for the term of approximately ONE YEAR (the Term”), to commence upon the Commencement Date, as set forth in Paragraph 1.3 above, and shall terminate on the Expiration Date, unless sooner terminated as hereinafter provided, or extended pursuant to Tenant’s renewal option, if any, which may be set forth herein. Unless such an option to extend shall be specifically set forth herein, no such right shall exist or be implied. Tenant rents from covenants to pay the Basic Rent, to Landlord at its principal office or that of its agent or at any other place designated in writing by Landlord. Tenant shall pay the Security Deposit set forth herein and all other required payments set forth in Paragraph 1.7 above, upon the lands situateexecution of this Lease. Tenant shall pay all Basic Rent provided without deduction, lying and being in diminution or setoff except as herein provided. Tenant agrees to pay to Landlord any sales, use or excise tax imposed or levied by any governmental agency having jurisdiction thereof. The land on which the Town of Port HopeBuilding has been erected, in the Province of Ontario (as more particularly described in Schedule Exhibit “AB” attached)attached hereto and made a part hereof, and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are is hereinafter collectively referred to as the “PropertyLand”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as Land and all improvements thereon constitute the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas property (the “Common Areas and FacilitiesProperty”). The use of all Common Areas Property together with any additional property owned by Landlord adjacent and Facilities shall be subject contiguous to the provisions of this lease (Property, together with improvements thereon, shall hereinafter be the “LeaseEntire Property”) . The Premises are leased upon the following terms and to the rules and regulations made by the Landlord with respect thereto from time to time.conditions:
Appears in 1 contract
Sources: Lease Agreement (Ediets Com Inc)
Demise. Landlord hereby leases to Tenant and Tenant herby lessees from Landlord approximately 75,000 rentable square feet (athe “Premises” or, alternative, the “Leased Premises”) In consideration to be located with that certain building to be constructed by Landlord, comprised of the rents, covenants and agreements hereinafter reserved and contained a total of approximately 105,000 rentable square feet as depicted on the site plan (“Site Plan”) attached as Exhibit B-1 hereto and made a part of the Tenant to be paidhereof, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally commonly known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to will be situated on land described as ▇▇▇▇ ▇ & ▇, ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇, ▇▇▇▇ of Louisville, County of Boulder, State of Colorado (the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant Landlord also grants to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the a non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease Lease, to use all appurtenances to the Property, including, but not limited to, any plazas, common areas, walks, parking areas, driveways, or other areas in the Building or on the Property designated by Landlord for the exclusive or non-exclusive use of the tenants of the Building. On the Initial Premises Commencement Date (as defined in Section 2), the Premises will be comprised of approximately 60,000 rentable square feet (the “LeaseInitial Premises”), as shown on Exhibit B-2 attached hereto and made a part hereof. From and after the Contiguous Premises Commencement Date (as defined in Section 2), the Premises shall also include approximately 15,000 rentable square feet within the area which is cross-hatched on Exhibit B-2 (the “Contiguous Premises” or “Contiguous Space”). Landlord acknowledges and agrees that Tenant has not yet designated the exact area which is to comprise the Contiguous Space, and that Tenant shall have the right to designate which portion of the area shown as cross-hatched on Exhibit B-2 shall comprise the Contiguous Space by providing such designation to Landlord in writing no later than January 1, 2002. Until Tenant provides such written designation to Landlord, all portions which are designated as the Contiguous Space on the attached Exhibit B-2 (i.e., all portions which are cross-hatched) shall be included within any obligations of Landlord hereunder. Without limiting the foregoing, Section 3.4 shall apply to all areas which are shown as cross-hatched on Exhibit B-2. Landlord has estimated the Rentable Square Fee (RSF) and Useable Square Feet (USF) as used in its Lease in good faith pursuant to building and site plans for the Property. Upon issuance of a Temporary Certificate of Occupancy for the Initial Premises, Landlord shall have the Building and the Premises measured at Landlord’s cost, and any changes to rentable square footage calculations shall be confirmed in Exhibit A, Lease Commencement Agreement, attached hereto and made a part hereof, subject to approval by Landlord and Tenant, and such calculations shall be the final calculations for the size of the Building and Premises. The measurement of the Building and Premises shall be in accordance with the standards of the Building Owners and Managers Association (BOMA), or other such industry standards as may be approved by Landlord and Tenant. It is also understood and agreed that there shall be no load factor or common area factor applied to the rules Premises (i.e., RSF = USF for the purposes of this Lease). The Lease is upon and regulations subject to the terms, conditions, and covenants set forth below and Landlord and Tenant covenant as a material part of the consideration for this Lease to keep and perform each and all of the terms, conditions, and covenants by it to be kept and performed and that this Lease is made by upon the Landlord with respect thereto from time to timecondition of such performance.
Appears in 1 contract
Sources: Lease Agreement (Inverness Medical Innovations Inc)
Demise. (a) In consideration of Subject to the rents, covenants and agreements hereinafter reserved contained in this Lease, Landlord leases to Tenant and contained Tenant hires from Landlord, Suite Number 165 (the “Premises”) on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hopefirst (1st) floor, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as building located at 1▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building ▇▇▇▇▇ (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands configuration of the Premises is shown on Exhibit A, attached hereto and made a part hereof by reference. Tenant acknowledges that it has made its own inspection of and inquiries regarding the Premises, which are already improved. Therefore, except for the improvements to be completed by Landlord’s contractor pursuant to Section 1.1.1 below and those latent defects of which Tenant notifies Landlord within one (1) year of the Commencement Date, Tenant accepts the Premises in their “as-is” condition. Tenant further acknowledges that Landlord has made no representation or warranty, express or implied, except as are contained in this Lease and its Exhibits, regarding the condition, suitability or usability of the Premises or the Building for the purposes intended by Tenant, except as set forth below. Notwithstanding the foregoing, Landlord hereby represents and warrants to Tenant that upon its delivery of the Premises to Tenant (a) the Premises shall be broom clean, (b) the Premises (including the Improvements) shall be in compliance with all applicable laws (including the Americans With Disabilities Act), and (c) the Premises (including the Improvements) shall be in good order, condition and repair for a period of one hundred eighty (180) days after the Commencement Date (subject to reasonable wear and tear and Tenant’s gross negligence or willful misconduct). The Building, the Building’s parking facilities, any outside plaza areas, land and other improvements surrounding the Building which are hereinafter designated from time to time by Landlord as Common Areas appurtenant to or servicing the Building, and the land upon which any of the foregoing are situated, are herein sometimes collectively referred to as the “Real Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Demise. (a) In consideration of Subject to the rents, covenants and agreements hereinafter reserved contained in this Lease, Landlord leases to Tenant and contained Tenant hires from Landlord, Suite 200 on the part of second (2nd) floor (the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being “Premises”) in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as building located at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building ▇▇▇▇▇ (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands configuration of the Premises is shown on Exhibit A, attached hereto and made a part hereof by reference. Tenant acknowledges that it has made its own inspection of and inquiries regarding the Premises, which are already improved. Therefore, except as otherwise provided in this Lease, Tenant accepts the Premises in their “as-is” condition, subject to those defects of which Tenant notifies Landlord within one (1) year of the Commencement Date, which shall be repaired by Landlord as soon as reasonably practicable at Landlord’s sole cost and expense and not. as an Operating Expense. Tenant further acknowledges that Landlord has made no representation or warranty, express or implied, except as are contained in this Lease and its Exhibits, regarding the condition, suitability or usability of the Premises or the Building for the purposes intended by Tenant. Notwithstanding anything to the contrary in this Lease, Landlord shall deliver possession of the Premises to Tenant in good, vacant, broom clean condition, with all building systems in good working order, the roof and all window seals in good, water-tight condition (the “Required Condition”). The Building, the Building’s parking facilities, any outside plaza areas, land and other improvements surrounding the Building which are hereinafter designated from time to time by Landlord as Common Areas appurtenant to or servicing the Building, and the land upon which any of the foregoing are situated, are herein sometimes collectively referred to as the “Real Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Sources: Lease Agreement (TrueCar, Inc.)
Demise. PREMISES: TERM ----------------------
SECTION 2.01. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the premises hereinafter described ("PREMISES"), in the Building, for the term hereinafter stated, under the terms and conditions hereinafter provided, along with access to and from the Premises and the right, in common with other tenants, to use the Common Areas.
SECTION 2.02. The Premises consist of that property described in ITEM 4 of the Data Sheet and shown on EXHIBIT C hereto, together with all fixtures, --------- equipment, improvements, and appurtenances which, at the commencement of this Lease or at any time during the Term, are attached thereto or installed therein, other than Tenant's Property. For the purposes of this Lease, the rentable square footage area of the Premises is the square footage as set forth in ITEM 4 of the data sheet.
SECTION 2.03. The Premises are leased for a term ("TERM") which shall commence on a date ("COMMENCEMENT DATE") which shall be the earliest of:
(a) In consideration of the rents, covenants and agreements hereinafter reserved and contained date on which the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building Premises are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing tooccupancy, tenants (the “IDEAHUB Tenants”) as determined pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, Sections 3.02 and which is comprised of approximately 23,000 square feet.3.03; and ------------- ----
(b) the date Tenant shall occupy the Premises or any part thereof for the purpose of conducting its business; and
SECTION 2.04. The Term shall end on the date set forth in ITEM 5 (B) of the Data Sheet ("EXPIRATION DATE"), unless the Term shall sooner terminate pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law.
SECTION 2.05. Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to use that number of parking spaces in the parking areas of Greenwich Office Park allocated to the Building as specified in ITEM 6 of the Data Sheet. Landlord shall not be responsible for policing the use of the spaces; however, Landlord shall have the right (but not the obligation) to control access to the parking spaces located areas, by the use of a card system or otherwise. If Landlord adopts such a system, Tenant shall comply and shall use diligent efforts to cause its employees, agents and invitees to comply therewith. Tenant shall have the nonexclusive right to use the parking areas, in the east parking lot at the front common with other tenants of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, up to the use its maximum permissible number of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to timespaces.
Appears in 1 contract
Demise. (a) In consideration of Subject to the rents, covenants and agreements hereinafter reserved contained in this Lease, Landlord leases to Tenant and contained Tenant hires from Landlord, Suite Number 1820 (the “Premises”) on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hopeeighteenth (18th) floor, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as building located at 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands configuration of the Premises is shown on Exhibit A, attached hereto and made a part hereof by reference. Tenant acknowledges that it has made its own inspection of and inquiries regarding the Premises, which are already improved. Therefore, except for the improvements to be completed by Landlord’s contractor pursuant to Section 1.1.1 below, Tenant accepts the Premises in their “as-is” condition. Tenant further acknowledges that Landlord has made no representation or warranty, express or implied, except as are contained in this Lease and its Exhibits, regarding the condition, suitability or usability of the Premises or the Building for the purposes intended by Tenant. The Building, the Building’s parking facilities, any outside plaza areas, land and other improvements surrounding the Building which are hereinafter designated from time to time by Landlord as Common Areas appurtenant to or servicing the Building, and the land upon which any of the foregoing are situated, are herein sometimes collectively referred to as the “Real Property”.
1.1.1 Prior to the Commencement Date, Landlord shall, at Landlord’s sole expense, complete the following improvements to the Premises (collectively, the “Improvements”), using Building standard materials:
a) Remove the door and frame located on the wall between Suite 1801 and the Lands Premises, seal the opening and Warehouse are hereinafter collectively referred to as patch and paint the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.sealed area;
(b) The Extend the existing wall located between Suite 1801 and the Premises to the deck above;
c) Install new building standard carpet in a color reasonably acceptable to Tenant and rubberized base in the existing conference room; and
d) Install a new home run conduit, backboard, data cabinet and associated electrical outlet in the Premises and relocate and reattach the existing data cabling located in Suite 1801 to the Premises. Tenant has provided Landlord with Tenant’s selection of color for the conference room carpet. Tenant acknowledges and agrees that Landlord shall not be obligated to commence the IDEAHUB Tenants shall have the exclusive right Improvements prior to the parking spaces located in full execution of this Lease. If Tenant elects to make any other improvements to the east parking lot at Premises during the front of Term, the Buildingsame shall be considered a Tenant Change, as well as the non-exclusive rightto be completed by Tenant, at all timesTenant’s sole expense, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject pursuant to the provisions of Article 12 of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents hereby hires from the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario premises hereinafter described (as more particularly described in Schedule “A” attachedPremises”), consisting of approximately 328,053 rentable square feet on a portion of the ground floor and municipally first floor and all of the fourth through eleventh floors in a building, associated parking garage, and associated subsurface improvements to be constructed at property to be known as ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ (the “Building”) erected thereon), as shown on the plan attached hereto as Exhibit 2.1 (the Warehouse being comprised “Premises Plans”), together with the non-exclusive right to use the common areas for their intended purposes, for the term hereinafter stated, for the rents hereinafter reserved, and upon and subject to the terms, restrictions and reservations hereinafter provided in this Lease and those matters of approximately 108,000 square feetrecord set forth on Exhibit 2.1(a), all of which Tenant shall conform to (Landlord represents that none of such matters of record prohibit use of the Premises for the Permitted Use). The Lands common areas of the Property include the portions thereof designated by Landlord for the common use of tenants (including Tenant) and Building are hereinafter collectively referred others, such as sidewalks, parking areas, grounds, lobby areas, boiler and mechanical rooms and areas. Landlord shall permit Tenant to as have access to the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion common areas of the Building currently leased tofor installing and maintaining specific services or utilities designated for and/or dedicated to the specific use of Tenant (that is not with respect to shared services or utilities) with Landlord’s prior consent (which consent shall not be unreasonably withheld). Tenant has advised Landlord that it will put a training program in place for persons requiring access to the Premises in a manner comparable to that of Tenant’s program at its existing premises in Cheshire, Connecticut, a written description of which has been provided to Landlord. Landlord covenants and agrees that it will require its employees and property managers to attend such program and it will use reasonable efforts to cause other tenants at the Building moving into the Building after the Rent Commencement Date to have such of their employees as may require access to Tenant’s Premises to attend such training program. Subject to the immediately following sentence, no person shall enter Tenant’s Premises unescorted by an authorized employee of Tenant unless (a) an emergency threatening life or available for leasing toproperty exists (in which case Landlord shall provide Tenant with notice of such entry as soon as reasonably possible), tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The such entry is by emergency response personnel of a Governmental Authority, or (c) such person has, or is accompanied by a Landlord representative that has, attended such training program, is subject to the confidentiality provision in Article 43 below, and undergone such background check as may be required by Tenant in Tenant’s reasonable discretion. Furthermore, and notwithstanding the foregoing or anything to the contrary herein, Landlord acknowledges that Tenant shall have (x) [*] and agrees (y) up to 6,000 contiguous rentable square feet for pre-clinical studies that will be subject to access only by Landlord’s representatives and emergency response personnel in accordance with this Lease and in no event by third parties such as lenders or prospective tenants. *Omitted information is the IDEAHUB Tenants subject of a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. Tenant shall have the exclusive right to the parking spaces located use one (1) loading dock in the east parking lot at the front basement of the Building, as well as the non-exclusive right, at all times, Building in addition to its rights in common with others entitled theretoto use the two (2) common loading docks in the Building and the trash and recycling dumpsters serving Building tenants (provided, however, that no such trash and recycling dumpsters shall be available for use by tenants for the disposal of Hazardous Materials (other than ordinary recycling associated with customary first class office use), the responsibility for which belongs to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”respective tenants). The Tenant shall have the exclusive right to use of all Common Areas and Facilities shall be subject to the provisions of this lease (the dedicated freight elevator identified on Exhibit 2.1 as “LeasePremises Freight Elevator”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Sources: Lease (Alexion Pharmaceuticals Inc)
Demise. (a) In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord The Lessor hereby demises and leases the Expansion Premises to the TenantLessee for a term commencing on September 15, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario 1999 (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”"New Start Date") whereupon all references in the Lease to the Premises shall be deemed to refer to the Original Premises and the Expansion Premises. The Lessee hereby accepts the Expansion Premises in their present "as-is" condition. The Lessee's taking possession of the Expansion Premises shall be deemed to the Lessee's acceptance of the Expansion Premises in the order and condition as then exists. No promise of the Lessor to alter, remodel, decorate, clean or improve the Expansion Premises of the Property and no representation respecting the condition of the Expansion Premises or the Property have been made by the Lessor or by any agent or representative of the Lessor to the Lessee. Any improvement, alteration, addition or installation to the Expansion Premises shall be made only in compliance with the terms of Article VIII of the Lease. Notwithstanding the foregoing, Lessee shall not be required to post a performance bond. Furthermore, Lessor approves (xxxxxxxx xxxxxxxxxx xxxxxxxxxxxx xxxxxx) as the contractor and (xxxxxxxx xxxxxxxxxx xxxxxxxxxxxx xxxxxx) subcontractors for the improvements, alterations, additions or installations to the Expansion Premises and approves the space plan and plans and specifications attached hereto and incorporated herein as Exhibit "B" (the "Plans"). Lessor reserves the right to notify Lessee, at or prior to the termination of the Lease, that Lessee must remove the improvements installed by Lessee under the terms of this paragraph, at Lessee's sold cost and expense and repair or restore any damage caused by the installation or such removal. Lessor acknowledges that the Plans do not show layouts for machinery and piping because of the confidential nature of Lessee's trade secrets. Any charges for Lessor's engineer shall be limited to those charges for inspection and engineering time as set forth in Article VIII for structural items, building systems and other items shown on the Plans. Any inspections of construction operations performed by Lessor or Lessor's agents shall be reasonable and Lessor and Lessor's agents agree to not disclose to any independent third party the nature of such construction, unless required by law, court order or in relation to any litigation arising out of this Lease or the improvements. Effective on the New Start Date the Lessee's Pro Rata Share shall increase to be fifty-two and 66/100 percent (52.66%) of the Excess Real Estate Taxes for the applicable Lease Year, and the Lands term Lessee's Pro Rata Share of Excess Expenses shall mean fifty-two and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion 66/100 percent (52.66%) of the Building currently leased to, or available Excess Expenses for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feetapplicable Lease Year.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Demise. (a) In Landlord, in consideration of the rents, rent to be paid and the covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the performed by Tenant, as herein set forth, does hereby LEASE, DEMISE and LET unto Tenant and Tenant accepts the Premises for the Lease Term. Notwithstanding the preceding sentence, Tenant rents from the Landlord, the lands situate, lying and being in the Town will be bound by all of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (Lease, except for the “Lease”) and payment of rent, from the date of the first use or occupancy of the Premises by Tenant or Tenant's agents or representatives for any purpose prior to the rules Commencement Date. Tenant agrees and regulations made acknowledges that the Premises (whether consisting of less than one floor or consisting of one or more full floors within the Complex) do not include, and Landlord hereby expressly reserves for its use, any and all mechanical, electrical, telephone and similar rooms, janitor closets, elevator, pipe, and other vertical shafts and ducts, flues, stairwells, any area above the acoustical ceiling, and any other areas not specifically shown on Exhibit A as being part of the Premises; provided, however, that Tenant shall have reasonable access to and use of such areas with Landlord's prior consent, which consent shall not be unreasonably withheld, as may be necessary to provide utility and telecommunication services to the Premises. The Premises are leased by Landlord to Tenant and are accepted and are to be used and possessed by Tenant upon and subject to all of the Landlord with respect thereto from time terms, provisions, covenants, agreements and conditions contained in this Lease, including without limitation the terms, provisions, covenants, agreements and conditions contained in each exhibit, rider and addendum attached hereto. The agreed rentable area of the Premises is hereby stipulated to timebe the "Agreed Rentable Area" of the Premises set forth in Item 1(a) of the Definitions. The agreed rentable area of the Complex is hereby stipulated to be the "Agreed Rentable Area" of the Complex set forth in Item 1(j) of the Definitions.
Appears in 1 contract
Demise. (a) In consideration Subject to the terms, covenants, conditions and provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with the nonexclusive right to use the Common Areas, for the Term. Notwithstanding anything to the contrary contained or implied in the Lease, Tenant agrees that Tenant will accept possession of the rentsPremises in an “as is, covenants and agreements hereinafter reserved and contained on where-is” condition for the part term of the Tenant to be paidLease in its present condition as of the date hereof, observed except that (i) Landlord shall construct and performedinstall, in a good and workmanlike manner, the Leasehold Improvements as set forth on Exhibit B; and (ii) Landlord hereby demises and leases shall, at Landlord’s cost, remediate, cure, remove or take other appropriate action to eliminate any violation of, or non-compliance with, any law, statute, ordinance, or governmental rule or regulation covering the Premises if such violation or non-compliance existed prior to the Commencement Date, but only if such violation or non-compliance must be accomplished by order or demand of a governmental office or agency, or if such violation or non-compliance (i) prohibits the issuance of or invalidates a certificate of occupancy for the Premises, (ii) unreasonably and materially affects the safety of Tenant’s employees or personal property or creates a significant health hazard for Tenant’s employees, or (iii) materially impairs Tenant’s use and occupancy of the Premises for the Uses; and that no representations, warranties, or inducements with respect to any condition of such space have been made by Landlord or its designated representatives, to Tenant or its designated representatives. In furtherance of the foregoing, Tenant hereby acknowledges that no promises to decorate, alter, repair or improve the Premises or any portion thereof, either before or after the execution of this Lease, have been made to Tenant, and the Tenant rents from the or its designated representatives, by Landlord, or its designated representatives except as set forth on Exhibit B. Tenant has expressed an interest in also leasing certain storage space located within the lands situate, lying and being in basement of the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased PremisesStorage Space”). For purposes of clarityLandlord and Tenant shall negotiate in good faith to agree upon the precise location, the Leased Premises do not include that portion configuration and area of the Building currently leased to, or available for leasing to, tenants Storage Space and the terms and conditions of Tenant’s lease thereof within sixty (60) days following the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions Date of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Demise. (a) In consideration of the rentsDEMISED PREMISES, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paidTERM, observed and performed, the RENTS
1.01 Landlord hereby demises and leases to the Tenant, and the Tenant rents hereby hires from the Landlord, the lands situate, lying and being in the Town of Port Hopepremises hereinafter described, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as building located at ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ , in the Borough of Fair Lawn, County of Bergen, and State of New Jersey (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands and Building are hereinafter collectively referred to as the “Property”"BUILDING"), and on the Lands and Warehouse are parcel of land more particularly described in EXHIBIT A (hereinafter collectively referred to as the “Leased Premises”"LAND"), for the term hereinafter stated, for the rents hereinafter reserved and upon and subject to the conditions (including limitations, restrictions and reservations) and covenants hereinafter provided. For purposes Each party hereby expressly covenants and agrees to observe and perform all of clarity, the Leased Premises do not include that conditions and covenants herein contained on its part to be observed and performed.
1.02 The premises hereby leased to Tenant are a portion of the first floor of the Building currently leased toconsisting of approximately 26,255 square feet, as shown on the floor plan annexed hereto as EXHIBIT B. Said premises together with all fixtures and equipment which at the commencement, or available for leasing toduring the term, of this Lease are thereto attached (except items not deemed to be included therein and removable by Tenant as provided in Article 14) constitute and are hereinafter referred to as the "DEMISED PREMISES". The Demised Premises shall also include the nonexclusive right, in common with other tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well to use the common areas of the Building and the Land. On the commencement Date, Landlord shall deliver the Demised Premises vacant, broom clean and in compliance with all applicable laws. codes and regulations.
1.03 The term of this Lease, for which the Demised Premises are hereby leased, shall commence on a date (herein referred to as the non-exclusive right"COMMENCEMENT DATE") which shall be the earlier of (i) the day on which "TENANT IMPROVEMENTS" (as defined in Article 4) has been substantially completed or (ii) the day Tenant, or anyone claiming under or through Tenant, first occupies the Demised Premises for the conduct of its business. The teen of this Lease shall end at all times, in common with others entitled thereto, to the use 11:59 P.M. of the common drivewayslast day of the calendar month in which occurs the day preceding the Tenth (10th) Year and Third (3rd) Month anniversary of the Commencement Date, entrances which ending date is hereinafter referred to as the "EXPIRATION DATE", or shall end on such earlier date upon which said term may expire, be cancelled, or be terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law. Landlord and exitsTenant expect the Commencement Date to be on or about January 1, roadways, pedestrian walkways, and service areas 2005 (the “Common Areas and Facilities”"TARGET COMMENCEMENT DATE"). The use In the event the Commencement Date shall not have occurred on or before the date which is ninety (90) days following the Target Commencement Date, Tenant shall have the right to terminate this Lease upon written notice to Landlord given at any time after ninety (90) days following the Target Commencement Date and before the Commencement Date. Tenant shall take possession of all Common Areas and Facilities occupy the entire Demised Premises no later than sixty (60) days following the Commencement Date. Following the Commencement Date, Landlord shall deliver to Tenant a "COMMENCEMENT LETTER" setting forth the Commencement Date and the Expiration Date. If the Tenant does not agree with the Commencement Date and/or Expiration Date set forth in the Commencement Letter, Tenant shall notify Landlord within ten (10) days of its receipt of the Commencement Letter. If within fifteen (15) days after Landlord's receipt of Tenant's notice, Landlord and Tenant cannot agree on the Commencement Date and/or the Expiration Date, then the Commencement Date and the Expiration Date shall be subject determined by arbitration in the manner provided in Article 34. Payment of Rent shall commence on the Commencement Date and payment of Rent shall not be contingent upon Tenant's receipt of or agreement with the Commencement Letter.
1.04 Tenant hereby covenants and agrees to pay the provisions of "rents" reserved under this lease (Lease, for the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.term thereof, as follows:
Appears in 1 contract
Demise. (a) In consideration of Subject to the rents, covenants and agreements hereinafter reserved contained in this Lease, Landlord leases to Tenant and contained Tenant hires from Landlord, Suite Number 250 (the “Premises”) on the part of the Tenant to be paid, observed and performed, the Landlord hereby demises and leases to the Tenant, and the Tenant rents from the Landlord, the lands situate, lying and being in the Town of Port Hopesecond (2nd) floor, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as building located at 9▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) of the building ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands configuration of the Premises is shown on Exhibit A, attached hereto and made a part hereof by reference, and Landlord and Tenant acknowledge and agree that the intent of both parties hereto is that said configuration shall not be materially altered by construction of the demising walls separating the same from the balance of the space from which it is being demised. Tenant acknowledges that it has made its own inspection of and inquiries regarding the Premises, which are already improved. Therefore, except for the improvements to be completed pursuant to Exhibit B, attached hereto and made a part hereof by reference, Tenant accepts the Premises in their “as-is” condition, subject to the representations and warranties contained in this Lease and its Exhibits, and to any latent defects. Tenant further acknowledges that Landlord has made no representation or warranty, express or implied, except as are contained in this Lease and its Exhibits, regarding the condition, suitability or usability of the Premises or the Building for the purposes intended by Tenant. Landlord hereby represents and warrants to Tenant that to the best of Landlord’s knowledge as of the date hereof: (i) the existing structure of the Building (including, without limitation, the roof, foundations and the exterior walls) and all building systems serving the Premises (including, without limitation, the plumbing, electrical, and heating, ventilating and air conditioning systems) are hereinafter in good operating condition and repair, (ii) the second (2nd) floor of the Building (including, without limitation, the Premises and the common areas thereof) are (x) in compliance with all applicable Codes (as such term is defined in Section 10.1 of this Lease), including, without limitation, all applicable covenants or restrictions of record and all applicable building codes, regulations and ordinances in effect as of the Commencement Date, and (y) free of all hazardous substances, including, but not limited to, any asbestos-containing materials (whether or not friable) and lead-based paint. The Building, the Building’s parking facilities, any outside plaza areas, land and other improvements surrounding the Building which are designated from time to time by Landlord as common areas appurtenant to or servicing the Building, and the land upon which any of the foregoing are situated, are herein sometimes collectively referred to as the “Real Property.”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common with others entitled thereto, to the use of the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of all Common Areas and Facilities shall be subject to the provisions of this lease (the “Lease”) and to the rules and regulations made by the Landlord with respect thereto from time to time.
Appears in 1 contract
Demise. The Landlord DEMISES the Premises to the Tenant TOGETHER WITH
(a1) In consideration the right of way in common with the Landlord and all others having a like right for the Tenant and the Tenant's agents servants and licensees for the purposes of providing access and egress from and to the Premises with or without vehicles over the roads and on foot only over the passageways and pathways giving access to and egress from the Premises PROVIDED THAT no parking shall be permitted otherwise then on the hard standing area at the Premises
(2) the right to the free passage of water soil gas and electricity to and from the Premises through the Conduits which are now or may within the Term not exceeding eighty years be in upon or under any neighbouring premises owned by the Landlord EXCEPT AND RESERVING
(1) the right of way in common with all others having a like right for the Landlord and the Landlord’s agents servants and licensees from and to the Premises with or without vehicles over the area shown shaded brown on the Plan attached hereto
(2) The right to the free passage of water soil gas and electricity from and to any neighbouring premises through the Conduits which are now or may hereafter within the Term not exceeding eighty years be in upon or under the Premises or which may be subsequently installed or constructed within the like period
(3) The right and liberty for the Landlord and the Landlord's Surveyor agents workmen and others at all times and from time to time upon Requisite Notice to enter into and upon the Premises and all parts thereof for the purpose of repairing maintaining altering cleansing examining or testing the Conduits serving the same and to make all connections and disconnections which may be necessary in relation thereto including connection to adjoining premises of the rents, covenants Landlord and agreements for the purpose of carrying out any work or doing any thing whatsoever comprised within the Landlord's obligations hereinafter reserved contained and contained for the purpose of erecting rebuilding or altering any buildings or structures on the part land of the Tenant Landlord or the Landlord's tenants adjoining or near to be paid, observed the Premises PROVIDED carried out or thing done as aforesaid
(4) All rights of light air support and performed, other easements and rights now or hereafter belonging to or enjoyed by the Landlord hereby demises and leases Premises from or over any adjacent or neighbouring land or building but without prejudice to those rights expressly hereinbefore granted to the Tenant,
(5) The right to build or rebuild or alter any adjacent or neighbouring land or building in any manner whatsoever and to let the same for any purpose or otherwise deal therewith notwithstanding the light or air to the Premises is in any such case thereby diminished or any other liberty easement right or advantage belonging to the Tenant rents from is thereby diminished or prejudicially affected
(6) The right to affix to the Landlord, the lands situate, lying and being in the Town of Port Hope, in the Province of Ontario (as more particularly described in Schedule “A” attached), and municipally known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ (the “Lands”) together with the warehouse portion (the “Warehouse”) exterior of the building (the “Building”) erected thereon, (the Warehouse being comprised of approximately 108,000 square feet). The Lands Premises pipes flues scaffolding and Building are hereinafter collectively referred to as the “Property”, and the Lands and Warehouse are hereinafter collectively referred to as the “Leased Premises”). For purposes of clarity, the Leased Premises do not include that portion of the Building currently leased to, or available for leasing to, tenants (the “IDEAHUB Tenants”) pursuant to leases granted under the IDEAHUB program administered by the Town of Port Hope, and which is comprised of approximately 23,000 square feet.
(b) The Tenant acknowledges and agrees that the IDEAHUB Tenants shall have the exclusive right to the parking spaces located other apparatus in the east parking lot at the front of the Building, as well as the non-exclusive right, at all times, in common connection with others entitled thereto, to the use of adjoining premises PROVIDED THAT the common driveways, entrances and exits, roadways, pedestrian walkways, and service areas (the “Common Areas and Facilities”). The use of Landlord shall make good all Common Areas and Facilities shall be subject damage caused thereby to the provisions of this lease Premises but shall not be liable to the Tenant for any inconvenience or otherwise howsoever caused in relation to any such work carried out or thing done as aforesaid
(7) The right to retain any advertisements or advertisement hoardings at present on the “Lease”) Premises and to receive the rules income therefrom and regulations made by to relet the Landlord with respect thereto same from time to time.time as occasion shall require without making any payment or compensation to the Tenant
Appears in 1 contract
Sources: Lease Agreement