Common use of Demised Premises Clause in Contracts

Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.

Appears in 2 contracts

Samples: Agreement (Radvision LTD), Agreement (Radvision LTD)

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Demised Premises. 1.1 The Landlord hereby demises and leases to Tenant the Tenant, and the Tenant hereby leases from Landlord for the Landlord, upon and subject to the terms and provisions of this Lease (which term and upon the terms, conditions, covenants and agreements hereinafter providedis used herein shall include all Exhibits attached hereto or referred to herein), the commercial space (sometimes hereinafter referred to as the "Demised Premises. The Premises consist of space which: (i") is located depicted on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A hereto annexed and made a part hereof. The Said Demised Premises is to be known and called by contain approximately six thousand six hundred fifty-one (6,651) square feet of floor area (measuring from (i) the Suite Number or Numbers specified in Item B(1) center of the Basic Lease Provisions. The appropriate number two side demising walls and (ii) the front lease line of rentable square feet contained in the Demised Premises, through the rear wall), commonly known as determined by Landlord, for identification purposes only, is specified in Item B(1) suite 3800 on level 3 as shown on Exhibit A-1 attached hereto of the Basic Lease Provisions multi-level structure (the "Rentable AreaMall Building"), which Landlord has constructed on a parcel of land (the "Shopping Center Site") located in Dallas, Dallas County, Texas. The lease metes and bounds description of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically Shopping Center Site is set forth herein. Landlord shall finish the Premises as set forth in on Exhibit B attached A-2 annexed hereto and made a part hereof. It In the event, within sixty (60) days after commencement of the term of this Lease, either party hereto finds that the actual floor area of the Demised Premises differs by ten (10) square feet or more from the floor area set forth hereinabove and such difference is understood confirmed by Landlord's independent architect (which confirmation shall be binding upon Landlord and agreed that Tenant absent bad faith or manifest error on the part of Landlord's architect), Landlord will not make and is under no obligation Tenant shall execute an amendment to makethis Lease setting forth the actual floor area, any alterationsand proportionately changing Tenant's monetary obligations, decorationsincluding Minimum Rent, additions or improvements in or based upon the ratio of the actual floor area of the Demised Premises to the Premises, structural or otherwise, except as floor area set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.hereinabove. The term "

Appears in 2 contracts

Samples: License Agreement (Silicon Entertainment Inc /Ca/), License Agreement (Silicon Entertainment Inc /Ca/)

Demised Premises. 1.1 Effective upon satisfaction or waiver of the contingencies set forth in Articles 40 through 43 inclusive hereof, Landlord hereby leases to demises unto Tenant and Tenant hereby leases rents from Landlord for a certain parcel of land containing approximately two and one-half (2 1/2) acres (the term and upon "demised premises") which premises are located in the terms2900 Block of El Camino Real in San Mateo, conditions, covenants and agreements hereinafter provided, the PremisesCalifornia. The Premises demised premises consist of space which: certain real property presently owned by Landlord and described in Exhibit A-1 attached hereto (ithe "Jockey Club Parcel") is and certain real property presently owned by another party and described on Exhibit A-2 attached hereto (the "Willxxxx Xxxcel"). Landlord will exercise its reasonable best efforts to acquire the Willxxxx Xxxcel prior to this Lease becoming effective, in accordance with the provisions of Article 42 hereof. Tenant shall demolish any existing structures located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floordemised premises, and construct thereon a building containing approximately twenty-five thousand (iii25,000) is bounded by the proposed or existing demising walls thereforsquare feet of floor area ("Tenant's Building") together with a loading dock, the approximate locations of such demising walls trash compactor, dumpster pad, parking lot and space being marked in color or crosshatched and shown other site improvements as generally depicted on the diagram(s) of the floor site plan for each such floor, such diagram(s) being attached to this Lease hereto as Exhibit A B (Tenant's Building and made a part hereof. The Premises is all other improvements on the demised premises being collectively referred to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, herein as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable AreaImprovements"). The lease Tenant shall have the right to change the configuration and/or location of the Premises includes the right, together with other tenants of the Tenant's Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises so long as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or Tenant's Building substantially conforms to the Premises, structural or otherwise, except as set forth in depiction on Exhibit B. Landlord agrees Upon expiration or sooner termination of this Lease, title to deliver possession of the Premises Improvements shall automatically vest in Landlord. The demised premises and the Improvements are collectively referred to Tenant and Tenant agrees to accept herein as the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed"Property".

Appears in 1 contract

Samples: Bay Meadows Operating Co

Demised Premises. 1.1 Landlord is fee simple owner of the Property and hereby leases to Tenant and Tenant hereby leases rents from Landlord for the term and upon following described premises to wit: the termsentire interior of the office building, conditions, covenants and agreements hereinafter provided, the Premises. The Premises [other than that area known as Suite 204 (“Suite 204”) deemed to consist of space which: (i) is located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of 2,000 rentable square feet contained feet,] located at 0000 Xxxx Xxxxxx in the City of Weston, County of Broward, State of Florida, hereinafter referred to as the Premises, consisting of what the parties have deemed to be 8,000 rentable square feet, as determined by Landlord, for identification purposes only, is specified in Item B(1) of more particularly described or depicted on the Basic Lease Provisions attached Exhibit “A” (the "Rentable Area"“Premises” or “Demised Premises”). The lease of building in which the Premises includes are located, and the rightreal property on which the building is located, together with other tenants of are hereinafter referred to as the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein“Property”. Landlord and Tenant hereby acknowledge that Suite 204 is currently subject to a lease with a third party, and agree that upon expiration or other termination of said lease, which shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to makeevent be later than two (2) years from March 1, any alterations2011, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept rent the Suite 204 space after written notice by Landlord to Tenant advising that the Suite 204 space is available, and giving Tenant the right to reject the leasing of the Suite 204 space upon ten (10) days written notice by Tenant to Landlord. Should Tenant not reject the Suite 204 space, then the lease of same shall be upon the same from Landlordterms and conditions, and at a monthly rate equivalent to the per square foot rate of the then current Monthly Rent for the Demised Premises. Such leasing of Suite 204 shall be evidenced by way of written acknowledgement confirming that Suite 204 shall thereafter be deemed part of the Demised Premises, setting forth the re-calculated Monthly Rent, which the parties hereby acknowledge will be calculated based upon written notice from Landlord 10,000 square feet, and confirming that all other terms and provisions of this Lease, including but not limited to termination date and any right of option to renew by Tenant, that Landlord's work shall remain unchanged and in the Premises described in Exhibit B has been substantially completedfull force and effect.

Appears in 1 contract

Samples: Lease Agreement (Ultimate Software Group Inc)

Demised Premises. 1.1 For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases hire, lease and accept, from Landlord for the term and all upon the termsterms and conditions hereinafter set forth the following premises, conditionsreferred to as the “Demised Premises”, covenants and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is located as outlined on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A attached hereto and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable incorporated herein: an agreed upon approximately 19,518 square feet contained in the Premisesof space, as determined by Landlordapproximately 16,918 square feet of which is office space, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises having an address as set forth in Exhibit B attached hereto and made Section 1(a), located within an existing building (the “Building”), which contains a part hereof. It is understood and total of an agreed that Landlord will not make upon approximately 102,936 square feet and is under no obligation located within Bolingbrook Corporate Center (the “Project”), located in Will County, Illinois. The parties acknowledge that the number of square feet recited above has been conclusively determined and is not subject to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. contest by either party. Landlord agrees to shall deliver possession of the Demised Premises to Tenant and on the Lease Date. Landlord’s failure to timely deliver possession of the Demised Premises to Tenant agrees to accept the same from shall constitute a Landlord Delay. Landlord hereby acknowledges that an affiliate of Landlord, upon written notice Industrial Developments International, Inc. (“IDI”) is, on the Lease Date, the Declarant under that certain Declaration of Protective Covenants for Bolingbrook Corporate Center dated July 1, 1997, recorded against the Project as Document # R97-056740, as subsequently amended (“Declaration”). Landlord hereby covenants that (i) so long as IDI remains the Declarant under the Declaration, IDI will not make any modifications, amendments or changes to the Declaration which would prohibit the Permitted Use or prevent Tenant from Landlord to Tenant, that Landlord's work operating in the Demised Premises described for the Permitted Use and (ii) after IDI ceases to be the Declarant under the Declaration, Landlord will not, so long as this Lease remains in Exhibit B has been substantially completedeffect, consent to or approve any such modification, amendment or change to the Declaration. Any breach of the foregoing covenant by Landlord shall be a material default by Landlord hereunder.

Appears in 1 contract

Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

Demised Premises. 1.1 For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenants, and Tenant does hereby leases hire, lease and accept from Landlord for Landlord, that certain parcel of real property (the term "Land") containing approximately 11 acres which Land is situated in Doxxxxx Xounty, Georgia, within Wertfork Distribution Center (the "Project") and upon the terms, conditions, covenants is more particularly described in Exhibit "A" attached hereto and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and reference made a part hereof. The Premises is to be known , together with and called by including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements with the Suite Number consent of Tenant, at any time during the term of this Lease erected or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premisessituated thereon including specifically, as determined by Landlordbut without limitation, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions a building (the "Rentable AreaBuilding") to be constructed containing approximately 196,333 square feet of office and warehouse space of which approximately 12,000 square feet shall be office space and to be located on the Land as shown on Exhibit "A-1" attached hereto, and all other improvements including all driveways, parking lots, walkways, landscaping and other appurtenances thereto (collectively, the "Demised Premises") subject only to the matters on Exhibit "B" attached hereto (herein referred to as "Permitted Encumbrances"), all upon the terms and conditions hereinafter set forth. The lease Demised Premises including the Building shall be developed and constructed by Landlord substantially in accordance with the Preliminary Drawings prepared by Smallwood, Reynolds, Stxxxxx & Stxxxxx, attached hereto as Exhibit "A-1) (herein, the "Site Plan"): Exhibit "A-2" (herein, the "Floor Plan") and Exhibit "A-3" (herein, the "Elevation Plan"), and the construction specifications attached hereto as Exhibit "A-4") (herein "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibit "A-1" through "A-4" are herein, collectively the "Preliminary Plans") and in accordance with the terms of Section 18 hereof. Exhibit to the Premises includes extent required to cause compliance with the rightprovisions of applicable law, together with other tenants of the Building and members of improvements comprising the public, to use Demised Premises shall be located substantially as shown on the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedSite Plan.

Appears in 1 contract

Samples: Consent and Agreement (Crain Industries Inc)

Demised Premises. 1.1 Landlord Landlord, for and in consideration of the covenants and conditions hereinafter contained on the part of the Tenant to be performed, and in consideration of the rent hereinafter reserved, does hereby leases to grant, lease, demise and let unto Tenant and Tenant does hereby leases agree to pay said rent, lease and take from Landlord for the term Property (as hereinafter defined) described as: A "Building" containing 47,529 square foot (more or less) at 7000 Xxxxxxxx, X.X., Xxxxxxxxxxx, Xxx Xxxxxx 00000 immediately west of the intersection of Snaproll N.E. and upon Rxxxxxxx N.E., together with all of the termsfixtures, conditionsapparatus, covenants equipment and agreements improvements to be provided by Landlord and to be located therein or thereon (collectively, together with the Building, "Improvements") and all rights and easements appurtenant thereto, all of which are hereinafter provided, called the "Demised Premises". The Premises consist of space which: (i) is Improvements are depicted on Exhibit "A" attached hereto and incorporated herein by reference and are located on the floor or floors real estate described as follows: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ("Land"). The Demised Premises and the Land are sometimes collectively referred to herein as the "Property". The square footage of the Building as is specified in Item B(1shall be calculated based upon the Building Owners and Managers Association ("BOMA") of the Basic Lease Provisions, International Guidelines for measuring single tenant buildings (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Tenant's Rentable Area"). The lease of Tenant shall pay "Base Rent" as hereinafter defined based upon Tenant's Rentable Area. Prior to the Premises includes "Commencement Date" (as hereinafter defined), the right, together with other tenants of Landlord's architect shall verify the Building and members of the public, to use the common public areas Tenant's Rentable Area of the Building. If the Tenant's Rentable Area is not 47,529 square feet, but includes no other rights not specifically set forth hereinLandlord and Tenant shall acknowledge any such change on Exhibit "C" which is attached hereto and incorporated herein by reference and the Base Rent and "Reimbursable Expenses" (as hereinafter defined) payable by Tenant shall be adjusted accordingly. In the event Tenant may disagree with Landlord's architect on the calculation of Tenant's Rentable Area, Tenant may, at Tenant's expense and prior to July 1, 2005, cause an architect to calculate Tenant's Rentable Area, and if different than the calculation by Landlord's architect, to work with Landlord's architect to resolve any discrepancies. Landlord shall finish construct on the Premises as set forth in Land, at Landlord's sole cost and expense: (i) a shell Building, parking, landscaping and those Improvements itemized and depicted on Exhibit B "D" attached hereto and made a part hereofincorporated herein ERR hereinafter defined. It is understood and agreed that The Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant Improvements and Tenant agrees Improvements comprise the initial Improvements contemplated by this Lease. Tenant acknowledges that the Property is within Journal Cxxxxx 0, Xxxx 0 and subject to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedcovenants and assessments related thereto (respectively "Journal Center Covenants" and "Journal Center Assessments").

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Demised Premises. 1.1 For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases hire, lease and accept, from Landlord for Landlord, that certain parcel of real property more particularly described in EXHIBIT "A" attached hereto and by this reference made a part hereof (the "Land") situated in Shawnee Ridge (the "Project"), located in Gwinnett County, Georgia, together with and including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the consent of Tenant, at anytime during the term of this Lease erected, or situated thereon including specifically, but, without limitation, a building (the "Building") to be constructed containing approximately 360,675 square feet of office and upon warehouse space, of which approximately 43,000 square feet shall be office and warehouse office space and to be located on the termsLand as shown on EXHIBIT "A-1" attached hereto, conditionsand all other improvements including all driveways, covenants parking lots, walkways, landscaping and agreements hereinafter providedother appurtenances thereto and whatever right, title and interest Landlord may have to any public sidewalks and the center line of any public street, and the non-exclusive benefits of any easements, rights of way or licenses Landlord may have over other properties (collectively, the "Demised Premises. The Premises consist of space which: ") subject only to (i) is located on taxes for the floor or floors of year in which the Building as is specified in Item B(1) of the Basic Lease ProvisionsDate occurs and all subsequent years, (ii) is located in one or more areas or parts all matters of each such floorrecord as of the Lease Date , and (iii) is bounded all matters that would be disclosed by an accurate survey of the proposed or existing demising walls thereforDemised Premises as of the Lease Date (herein referred to as "Permitted Encumbrances"), all upon the terms and conditions hereinafter set forth. The Demised Premises including the Building shall be developed and constructed by Landlord substantially in accordance with the Preliminary Drawings prepared by MacGregor Associates Architects, Inc., attached hereto as EXHIBIT "A-1" (herein, the approximate locations "Site Plan"); EXHIBIT "A-2" (herein, the "Floor Plan") and EXHIBIT "A-3" (herein, the "Elevation Plan"), and the construction specifications attached hereto as EXHIBIT "A-4" (herein "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibits "A-l" through "A-4" are herein, collectively the "Preliminary Plans"), in accordance with the terms of such demising walls Section 18 hereof, and, to Landlord's actual knowledge, in material compliance with all applicable laws in effect as of the Lease Date. Except to the extent required to cause compliance with the provisions of applicable law, the Building and space being marked in color or crosshatched and improvements comprising the Demised Premises shall be located substantially as shown on the diagram(s) Site Plan. Tenant shall be given prior notice of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or changes to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees Site Plan required to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedcause such compliance.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Global Directmail Corp)

Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and Landlord, upon the terms, conditions, covenants terms and agreements hereinafter providedsubject to the conditions set forth in this Lease, the Premises described below, located in the City of Portland, Multnomah County, Oregon, SUBJECT, HOWEVER, to any and all existing and non-delinquent real estate tax liens of record, the mortgage lien (including any related security interests and assignments for security) described in Paragraph X; a sewer easement in favor of the City of Portland recorded October 14, 1953 as document #44101, book 1626, page 337; Administrative Findings and Decision on an Adjustment No. LUR 9200240, including the terms and provisions thereof, recorded July 1, 1992, as document #072284, book 2560, page 336; and the terms of this Lease. The premises leased to Tenant (the "Premises") consist of a portion of the first-floor interior space in the Building, as more particularly identified on the Building floor plan attached as Exhibit B, which is incorporated in this Lease by this reference (the "Building Plan"). The Premises consist also include the appurtenant right to use, in common with others, the public portions of the Building, including public hallways, lobbies, and restrooms, depicted as "common area" on the Building Plan (the "Common Area"); parking facilities on the Land; the right for Tenant and its employees and invitees to enjoy all rights, benefits and use of the Parking Easement Area (to the extent allocated to Tenant in this Lease and subject to the terms of the Easement Agreement); and sidewalks, ramps, landscape areas, and driveways. The Premises shall be delivered to Tenant in its "AS IS" condition without any obligations on the part of Landlord to perform any improvements or alterations, or to provide any allowances. As of the Commencement Date (defined in Paragraph II, below), Tenant has leased from Landlord, under a separate lease agreement of even date herewith (the "Brewery Lease"), the remaining portion of the first floor of the Building shown that is not included in the Premises, together with all second-floor and basement space in the Building (the "Brewery Premises"). The Brewery Premises includes, without limitation, the first-floor "AREA TO BE ADDED TO ALEHOUSE IF BREWERY LEASE TERMINATED," as designated on the Building Plan (such AREA TO BE ADDED, all basement space in the Building, and the second-floor space located above the copper brewing tanks that are included in such "AREA TO BE ADDED," are together herein referred to as the "Expansion Space"). If the Brewery Lease expires or terminates before expiration of the Term (defined at Paragraph II, below), then (a) the Expansion Space shall automatically be added to the Premises, effective as of the date of such expiration or termination (after which: , references herein to the Premises shall include the Expansion Space), (ib) is the monthly Base Rent specified at Paragraph III below and in effect as of the date of such termination or expiration shall be increased by an amount equal to the monthly price per square foot then in effect for the Premises (determined by dividing monthly Base Rent by the number of square feet in the Premises before expansion) multiplied by the number of square feet contained in that portion of the Expansion Space located on the floor or first and second floors of the Building as is specified in Item B(1) (but excluding that portion of the Basic Lease Provisions, (ii) is Expansion Space located in one or more areas or parts the basement of each such floorthe Building), and (iiic) is bounded by prior to the proposed or existing demising walls therefor, the approximate locations date of such expiration or termination, Tenant shall, at Tenant's sole cost and expense and subject to the terms and conditions, including approval by Landlord, that are specified in the Brewery Lease (which terms and conditions are incorporated herein by this reference as if fully set forth at this point), effect such improvements and alterations to the Building including, without limitation, constructing (and/or demolishing) such demising walls walls, constructing such entrances, and space being marked in color or crosshatched effecting such alterations to the utility systems serving the Building (including, without limitation, wiring and shown on electrical systems, plumbing and drain pipes, sprinkler systems and sewer lines, and heating, ventilating and air conditioning (HVAC) systems), as may be reasonably necessary to operate the diagram(s) expanded Premises and the remaining portions of the floor plan for each such floor, such diagram(s) being attached to this Lease Building as Exhibit A wholly separate premises with dedicated and made a part hereofseparately-metered and controlled utility services. The Premises is to be known and called by For purposes of determining the Suite Number or Numbers specified in Item B(1) additional Base Rent payable upon inclusion of the Basic Lease Provisions. The appropriate number of Expansion Space in the Premises, Landlord and Tenant shall calculate the rentable square feet contained in within the Premises, as determined expanded, using standards then prevailing in the rental real-estate industry for retail facilities, by Landlord, for identification purposes only, not later than the date that the Expansion Space is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or added to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term 1 Subject and upon the terms, conditionsprovisions, covenants and agreements conditions hereinafter providedset forth, and cash in consideration of the duties, covenants and obligations of the other hereunder. Landlord does hereby lease, demise and let Tenants and Tenant does hereby lease, demise and let from Landlord those certain premises (hereinafter sometimes called the “Premises” or “Demised “premises” ) in the building known as PERC: 72nd Warehouses (hereinafter called the “Building”) located at 0000 XX 00xx Xxxxxx, Xxxxx, XX 00000 containing approximately 15850 square feet of Net Rentable Area (hereinafter defined) of the building, constituting an proportionate share of 22.5% of the Building. The Premises consist amount of space which: Net Rentable Area, as provide herein, is stipulated and agreed to by Landlord and Tenant. The term “net Rentable “Area’, as used herein shall refer to (i) is located on in the floor or floors case of a single tenancy floor, all space measured from the inside surface of the outer glass of the Building as is specified in Item B(1) to the inside surface of the Basic Lease Provisionsopposition outer wall, excluding only the areas (“Service “Areas”0 within the outside walls used for building stairs, fire towers, elevator shafts, floors, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific use of the particular tenants such as special stairs or elevators, and (ii) is located in one or more areas or parts the case of each such a multi-tenancy floor, and (iii) is bounded by all space within the proposed or existing demising walls therefor, inside surface of the approximate locations of such demising walls and space being marked in color or crosshatched and shown on outer glass enclosing the diagram(s) tenant occupied portion of the floor plan and measured to the midpoint of the walls separating the areas leased by or held for each lease to other tenants or for areas devoted to corridors, elevator foyers, rest rooms and other similar facilities for the use of all tenants on the particular floor (herein called “Common Areas.”), but including a proportionate part of the Common Areas located on such floor, such diagram(s) being attached . No reductions from Net Rentable Areas are trade for columns necessary to this Lease as Exhibit A and made a part hereofthe Building. The Net Rentable Areas in the Demisecl Premises is to be known and called by in the Suite Number or Numbers specified in Item B(1) Building have been calculated on the basis of the Basic Lease Provisions. The appropriate number of rentable square feet contained in foregoing definition and are hereby stipulated above as to the Demised Premises, whether the state should be more or less as determined by Landlorda result of minor variations resulting fi. 0m actual construction and completion of the Demisecl Premises, for identification purposes only, occupancy so long as such work is specified done substantially in Item B(1) of accordance \With the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedapproved plans.

Appears in 1 contract

Samples: Lease Agreement (AL International, Inc.)

Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter provided, the Premises. The Demised Premises consist of space which: (i) is located are as depicted by cross-hatching on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached plans annexed hereto and made a part hereofhereof as Exhibit "A", consisting of approximately _________ (______) square feet of rentable area of office space located in that certain office building containing approximately one hundred fifty seven thousand five hundred eighty four (157,584) square feet of rentable area (the "Building") situated on the Land (as defined in Paragraph l(a) of this Lease) at the location commonly identified as 000 Xxxxxx Xxxxx Xxxxx, Xxxxxxxx Xxxxx, Xxxxxxxx, as shown on the site plan attached hereto as Exhibit "B". It is understood Landlord and agreed Tenant agree that Landlord will not make and is under no obligation Tenant may from time to make, any alterations, decorations, additions or improvements in or time effect changes to the size and location of the Demised Premises subject to the following conditions and procedures: (i) Tenant may not increase or decrease the Demised Premises by more than an aggregate of ten percent (10%) of the existing square footage of the Demised Premises, structural or otherwise(ii) Tenant shall provide Landlord with not less than ten (10) days prior written notice of its intent to change the Demised Premises, except which notice shall specify the location, size and (in the case of adding new space) the proposed use of the space, and the date on which such change shall be effective, (iii) Landlord may in its sole discretion reject a proposed change within ten (10) days of its receipt, and (iv) no portion of the Building shall be eligible for addition to the Demised Premises under this provision unless such space is (x) unoccupied and not subject to any existing lease by Landlord, and (y) adjacent to the existing Demised Premises. Except as expressly set forth herein-above, no change in Exhibit B. Landlord agrees to deliver possession the actual occupancy or use of portions of the Premises to Building or the Land by Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work shall effect a change in the Demised Premises described or in Exhibit B has been substantially completedthe number or location of the parking spaces in the Parking Area designated for Tenant's exclusive use hereunder, unless the parties execute an appropriate amendment to this Lease within twelve (12) months after such change in occupancy or use.

Appears in 1 contract

Samples: Lease Agreement (Avis Rent a Car Inc)

Demised Premises. 1.1 Landlord does hereby leases lease and demise to Tenant Tenant, and Tenant does hereby leases hire and take from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter providedLandlord, the Premises. The Premises consist following described premises in the building located at and known as 200 Great Oaks (hereinafter called the "Building"), Suite 220 situated in Great Oaks Blvd., Western Avenue and Church Road, Town of Guilderland, County of Albany, State of New York, to wit: Thirteen Thousand, Three Hundred Thirty-Four (13,334) square feet of rentable space which: (i) is located on the second floor as shown outlined in red on the floor or floors of the Building plan attached hereto as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A EXHIBIT "A" and made a part hereofhereof (hereinafter called the "Premises"); together with all the appurtenances, rights, privileges and easements in any way pertaining thereto including, but not limited to, the elevators, stairways, corridors, entranceways, rest rooms, parking facilities and other similar or related facilities as may exist in and about the Building (hereinafter collectively called the "Common Areas") and be generally available to all tenants. The Premises is to be known and called by All measurements which form the Suite Number or Numbers specified in Item B(1) basis for the determination of the Basic Lease Provisions. The appropriate number square footage of rentable square feet contained in the Premises, as determined by Landlordthe calculation of Rent, for identification purposes onlyBasic Monthly Rent, is specified Additional Rent, proportionate shares and other charges under the terms of this Lease shall be made in Item B(1) accordance with the applicable standard method of floor measurement and Landlord shall provide Tenant with a certification of the Basic Lease Provisions (accuracy of such measurements by an architect licensed in the "Rentable Area")jurisdiction where the Building is located prior to the Commencement Date as hereinafter defined. The Landlord represents and warrants that Landlord has full right and authority to lease of the Premises includes and to otherwise enter into this Lease on the right, together with other tenants of the Building terms and members of the public, to use the common public areas of the Building, but includes no other rights not specifically conditions set forth out herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.

Appears in 1 contract

Samples: Letter Constitutes Amendment No. 1 (Iwo Holdings Inc)

Demised Premises. 1.1 For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, and upon all the terms and provisions of this Lease, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases lease and accept from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter providedfollowing (collectively, the Premises. The Premises consist "Demised Premises")(i) approximately 51,000 square feet of space which: (ias outlined in red on Exhibit A attached hereto and incorporated herein), approximately 25,000 square feet of which is office space, located within a Building (the "Building") to be constructed by Landlord pursuant to Section 17 of this Lease, which is located to contain a total of approximately 124,619 square feet, on the floor land ("Land") described or floors depicted on Exhibit B attached hereto and incorporated herein, within Corridor Business Park (the "Project"), Orange County, California, which building has or will have a street address of the Building as is specified in Item B(1) of the Basic Lease Provisions20200 Xxxxxxx Xxxxx, Xxxx Xxxxxx, Xxxxxxxxxx; xxd (ii) is located a non-exclusive right to use, in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together common with other tenants of the Building (and members the employees, guests and other invitees of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth hereinsuch tenants),the Common Area (as defined in Section 6 hereof). Landlord shall finish provide within the Premises Common Area, on a non-exclusive basis (except as set forth hereinafter provided to the contrary in Exhibit B attached hereto this Section 2), at least 2.5 parking spaces per 1,000 square feet of the Demised Premises. In addition, Landlord agrees that ten (10) parking spaces, to be identified in the Plans and made Specifications (as defined in Section 17), shall be designated, by the posting of a part hereofsign, for the exclusive use by Tenant and its customers, employees and invitees. It is understood and agreed Landlord will have no duty or obligation to monitor or enforce the rights of Tenant with respect to the exclusive parking spaces; provided that Landlord will not make and is under cooperate with Tenant, at no obligation expense to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord in reasonable efforts by Tenant to enforce such right of Tenant, that Landlord's work . A failure by other tenants in the Premises described in Exhibit B has been substantially completedBuilding and their customers, invitees and employees to observe the exclusive parking rights of Tenant under this Section 2 will never constitute a default by Landlord under this Lease.

Appears in 1 contract

Samples: Lease Agreement (I Flow Corp /Ca/)

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Demised Premises. 1.1 For and in consideration of the rent hereinafter ----------------- reserved and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases hire, lease and accept, from Landlord for Landlord, that certain parcel of real property (the term "Land") containing approximately 4.86 acres, which Land is situated in Farmers Branch, Texas, within Valwood Park (the "Project") and upon the terms, conditions, covenants is more particularly described in Exhibit "A" attached hereto and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and reference made a part hereof. The Premises is to be known , together ----------- with and called by including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the Suite Number consent of Tenant, at anytime during the term of this Lease erected, or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premisessituated thereon including specifically, as determined by Landlordbut, for identification purposes onlywithout limitation, is specified in Item B(1) of the Basic Lease Provisions a building (the "Rentable AreaBuilding") to be constructed containing approximately 40,000 square feet of office and warehouse space of which approximately 10,000 square feet shall be office space and to be located on the Land as shown on Exhibit "A-1" attached ------------- hereto, and all other improvements including all driveways, parking lots, walkways, landscaping and other appurtenances thereto (collectively, the "Demised Premises") subject only to the matters on Exhibit "B" attached hereto ----------- (herein referred to as "Permitted Encumbrances"), all upon the terms and conditions hereinafter set forth. The lease Demised Premises including the Building shall be developed and constructed by Landlord substantially in accordance with the Preliminary Drawings prepared by Hardy XxXxxxxx/MLM Architects, Inc., attached hereto as Exhibit "A-1" (herein, the "Site Plan"); Exhibit "A-2" ------------- ------------- (herein, the "Floor Plan") and Exhibit "A-3" (herein, the "Elevation Plan"), and ------------- the construction specifications attached hereto as Exhibit "A-4" (herein ------------- "Preliminary Construction Specifications"), (the plans and specifications as shown on Exhibits "A-l" through "A-4" are herein, collectively the "Preliminary Plans") and in accordance with the terms of Section 18 hereof. Except to the Premises includes extent required to cause compliance with the rightprovisions of applicable law, together with other tenants of the Building and members of improvements comprising the public, to use Demised Premises shall be located substantially as shown on the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedSite Plan.

Appears in 1 contract

Samples: Industrial Lease Agreement (Wells Real Estate Fund Ix Lp)

Demised Premises. 1.1 For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases hire, lease and accept, from Landlord for Landlord, that certain parcel of real property more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Land") situated in Plano Business Park (the "Project"), located in Collin County, Texas, together with and including all buildings, structures, driveways, parking lots, walkways, landscaping and other appurtenances thereto and all other improvements, with the consent of Tenant, at anytime during the term of this Lease erected, or situated thereon including specifically, but, without limitation, a building (the "Building") to be constructed containing approximately 100,000 square feet (measured on a "drip-line" basis from the outside of the exterior walls of the Building) of office and upon the termswarehouse space, conditions, covenants of which approximately 14,800 square feet shall be office space and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is to be located on the floor or floors of the Building Land as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floorshown on Xxxxxxx "X- 0" xxxxxxxx hereto, and all other improvements including all driveways, parking lots, walkways, landscaping and other appurtenances thereto (iii) is bounded by the proposed or existing demising walls thereforcollectively, the approximate locations of such demising walls and space being marked in color or crosshatched and shown "Demised Premises") subject only to the matters on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B B" attached hereto and made a part hereofthe Protective Covenants attached hereto as Exhibit "D", which will be amended following the Lease Date to include the Property (herein referred to collectively as "Permitted Encumbrances"), all upon the terms and conditions hereinafter set forth. It is understood The Demised Premises including the Building shall be developed and agreed that constructed by Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements substantially in or to accordance with the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.Preliminary Drawings prepared by

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Act Manufacturing Inc)

Demised Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and Landlord, upon the terms, conditions, covenants terms and agreements hereinafter providedsubject to the conditions set forth in this Lease, the Premises described below, located in the City of Portland, Multnomah County, Oregon, SUBJECT, HOWEVER, to any and all existing and non-delinquent real estate tax liens of record, the mortgage lien (including any related security interests and assignments for security) described in Paragraph X; a sewer easement in favor of the City of Portland recorded October 14, 1953 as document #44101, book 1626, page 337; Administrative Findings and Decision on an Adjustment No. LUR 9200240, including the terms and provisions thereof, recorded July 1, 1992, as document #072284, book 2560, page 336; and the terms of this Lease. The premises leased to Tenant (the "Premises") consist of all portions of the Building excepting that portion of the first floor of the Building more particularly identified as "Alehouse" or "common area" on the Building floor plan attached as Exhibit B, which is incorporated in this Lease by this reference (the "Building Plan"). The Premises consist also include the appurtenant right to use, in common with others, the public portions of space which: (i) is located the Building, including public hallways, lobbies, and restrooms, depicted as "common area" on the Building Plan (the "Common Area"); parking facilities on the Land; the right for Tenant and its employees and invitees to enjoy all rights, benefits and use of the Parking Easement Area (to the extent allocated to Tenant in this Lease and subject to the terms of the Easement Agreement); and sidewalks, ramps, landscape areas, and driveways. The Premises shall be delivered to Tenant in its "AS IS" condition without any obligations on the part of Landlord to perform any improvements or alterations, or to provide any allowances. As of the Commencement Date (defined in Paragraph II, below), Tenant has leased from Landlord, under a separate lease agreement of even date herewith (the "Alehouse Lease"), the portion of the first floor of the Building more particularly identified as "Alehouse" on the Building Plan (the "Alehouse Premises"). The Premises hereunder includes, without limitation, the first-floor "AREA TO BE ADDED TO ALEHOUSE IF BREWERY LEASE TERMINATED," as designated on the Building Plan (such AREA TO BE ADDED, all basement space in the Building, and the second-floor space located above the copper brewing tanks that are included in such "AREA TO BE ADDED," are together herein referred to as the "Alehouse Expansion Space"). If the Alehouse Lease expires or floors terminates before expiration of the Term (defined at Paragraph II, below), or if this Lease expires or terminates before expiration of the term of the Alehouse Lease, then in either such event, prior to the date of such expiration or termination, Tenant shall, at Tenant's sole cost and expense and subject to the terms and conditions, including approval by Landlord, that are specified in Paragraph IV(7), effect such improvements and alterations to the Building including, without limitation, constructing (and/or demolishing) such demising walls, constructing such entrances, and effecting such alterations to the utility systems serving the Building (including, without limitation, wiring and electrical systems, plumbing and drain pipes, sprinkler systems and sewer lines, and heating, ventilating and air conditioning (HVAC) systems), as may be reasonably necessary to operate the Alehouse premises, including the Alehouse Expansion Space, as a separate and distinct premises, and the remaining portions of the Building as is specified in Item B(1) a separate and distinct premises, each with dedicated and separately-metered and controlled utility services. All of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded improvements required by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached preceding sentence are together herein referred to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable AreaDemising Improvements."). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Demised Premises. 1.1 Subject to the provisions of this Lease, Landlord hereby demises and leases to Tenant Tenant, and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter providedLandlord, the following described premises (hereinafter referred to as "demised Premises. The Premises consist of space which: (i) is located on the floor " or floors Leased premises): that portion of the Building as is specified in Item B(1) first floor of the Basic Lease Provisionsbuilding numbered 110 Hartwell Avenue, Lexington, Massachusetts, (ii) is located in one or more areas or parts of each such floorthe "Building"), and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is xxxxxxxxxx xx area deemed to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of 7,316 rentable square feet contained in all as more particularly shown on plan attached hereto as Exhibit "A." This lease is subject to existing easements and party wall agreements, if any, and to rights and encumbrances of record, and the PremisesLandlord excepts and reserves hallways, as determined by Landlordstairways and shaftways and elevators, for identification purposes onlyif any, is specified in Item B(1) serving other parts of said building and the Basic Lease Provisions (right to maintain use, repair and replace pipe ducts, wires, meters and any other equipment, machinery, apparatus and fixtures serving other parties thereof. Tenant shall have access to the "Rentable Area")building and their offices on a 24 hour basis, 7 days per week. The lease of the Premises includes the rightdemised premises are Leased herewith, together with other tenants of the Building right to use, in common with others entitled thereto, the hallways, stairways, and members of elevator(s), if any, necessary for access to the publicdemised premises, the lavatories nearest thereto, and the parking lot. Landlord's building, in which the demised premises are situated, is numbered 110 Hartwell Avenue in said Lexington and may be referred to use hexxxx xx "Xxxxxxxx's Building" or the common public areas of the "Building." Said Building, but includes no other rights not specifically set forth herein. together with the land on which it is situated, may be referred to herein as " Landlord's Property." Tenant accepts the premise in an "AS IS" condition, except that Landlord shall finish will at its sole expense improve the Premises as set forth demised premises in accordance with Exhibit B "B" attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedhereof by reference.

Appears in 1 contract

Samples: CTC Communications Corp

Demised Premises. 1.1 Landlord Lessor does hereby leases lease to Tenant Lessee, and Tenant Lessee does hereby leases lease from Landlord Lessor, for the term and upon the terms, conditions, covenants and agreements conditions hereinafter provided, the Premises. The Premises consist approximately 44,932 square feet of space which: (i) is located rentable area on the floor or seventh (7th), eighth (8th), and sixth (6th) floors of the Building office building situated at 1201 X Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000 (xxch building being hereinafter referred to as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable AreaBUILDING" and such rentable area being hereinafter referred to as the "DEMISED PREMISES"). The lease of Demised Premises has been assigned Suite Nos. 700, 800 and 650, and is outlined on the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B floor plan attached hereto and made a part hereofhereof as EXHIBITS A-1, X-0 XXX X-0. It is understood Xxxxxx xxx its agents, employees, and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or invitees shall have the non-exclusive right with others designated by Lessor to the Premisesfree use of the common areas in the Building and the land on which the Building is located for the common areas' intended and normal purpose. Common areas include elevators, structural or otherwisesidewalks, except as hallways, stairways, public bathrooms, common entrances, the lobby, fitness center, roof deck and other similar public areas and access ways. The parties agree that for this purpose the garage is not a common area and Lessee's rights to use the garage are set forth in Exhibit B. Landlord agrees the section entitled "PARKING." Lessor shall complete (subject to deliver possession punchlist items), prior to the Commencement Date, at its sole cost, (x) the base building (as evidenced by a certificate of substantial completion issued by Lessor's architect and (y) the "shell improvements" to the Demised Premises as described in EXHIBIT B (collectively "LESSOR'S WORK"). The foregoing notwithstanding, Lessor shall have right to defer until the Rent Commencement Date (hereinafter defined) the substantial completion, subject to punchlist items, of components of the Premises base building which are not required by Lessee during the construction of its tenant improvements, such as restroom fixtures and finishes, elevator cab finishes, lobby finishes, etc. (collectively, the "DEFERRABLE BASE BUILDING IMPROVEMENTS"). Lessor shall use best efforts to Tenant and Tenant agrees to accept complete all punchlist items within sixty (60) days following the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work Commencement Date (or in the Premises described case of Deferrable Base Building Improvements, within sixty (60) days following the Rent Commencement Date). The base building is being completed substantially in Exhibit B accordance with the plans and specifications listed on EXHIBIT J. Xxxxxx xxxresents and warrants that (i) it has been substantially completed.good and marketable fee simple title to the Building and the Land, (ii) subject to the requirement that it receive the approval of its existing lender to the Lease, there are no agreements, claims or litigation which adversely affect its ability

Appears in 1 contract

Samples: Real Estate Services (Charles River Associates Inc)

Demised Premises. 1.1 Landlord LANDLORD hereby leases to Tenant demises unto TENANT and Tenant TENANT hereby leases from Landlord LANDLORD, for the term and specifically upon the terms, conditions, covenants terms and agreements hereinafter providedconditions set forth in this Lease, the premises described on the FACE PAGE which are located in the shopping center described on the FACE PAGE (the “Shopping Center”), in the City and State described on the FACE PAGE, which premises consists of an area of the approximate square feet within a one story building (“Building”) described on the FACE PAGE (the “Demised Premises”). The Premises consist of space which: (i) is located on the floor or floors boundaries and location of the Building as is specified are outlined in Item B(1) green and the boundaries and location of the Basic Lease Provisions, (ii) is located Demised Premises are outlined in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown red on the diagram(s) of the floor site plan for each such floor, such diagram(s) being attached to this Lease hereto as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"“Building Site Plan”). The lease boundaries and location of the Premises includes Shopping Center are outlined in green and the right, together with other tenants boundaries and location of the Building and members are outlined in red on the site plan attached hereto as Exhibit B (the “Shopping Center Site Plan”). The purpose of the publicBuilding Site Plan and the Shopping Center Site Plan is to show approximate location of the Demised Premises. This Lease Agreement, pursuant to which TENANT occupies the Demised Premises, shall be subject to the Construction, Operating and Reciprocal Easement Agreement for Mobile Festival Centre By and Among Circuit City Stores, Inc. and Xxxxx X. Xxxxx, Xxxxx X. Xxxxx, and Xxxxxxx X. Xxxxxx, as Tenants-In-Common, Recorded March 26, 1986, attached here to as Exhibit E, and the Circuit City Supplemental Agreement, dated March 20, 1986, attached hereto as Exhibit F (together, the “CORE Agreement”), to the extent applicable. LANDLORD shall, at its cost and expense, construct the Demised Premises for TENANT’S use the common public areas of the Buildingand occupancy in accordance with plans and specifications prepared by LANDLORD or LANDLORD’S architect, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth described in Exhibit B C, “Landlord’s Work”, attached hereto and made a part hereof. It is understood TENANT shall at its cost and agreed that Landlord will expense perform the work needed to finish the Demised Premises for its use in accordance with Exhibit D, “Tenant’s Work”, attached hereto and made a part hereof. Any work and material in addition to any of the items specifically enumerated in said Exhibit D shall be paid for and provided by TENANT at its own cost and expense. Any equipment or work other than those items specifically enumerated in said Exhibit D which LANDLORD or LANDLORD’S contractor installs or constructs in the Demised Premises on TENANT’S behalf shall be paid for by TENANT prior to the date when TENANT opens its store for business. LANDLORD shall not make and is under no obligation be obligated to make, any alterations, decorations, additions or improvements in commence or to complete the Premisesconstruction within any particular period of time. However, structural if construction has not commenced on or otherwisebefore the Construction Commencement Date (as stated on the FACE PAGE), except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant either LANDLORD or TENANT may cancel and Tenant agrees to accept the same from Landlord, upon terminate this Lease by giving written notice from to the other within thirty (30) days following such date. Construction shall be deemed to have commenced for the purposes of this Lease upon receipt by Landlord of a building permit for Landlord’s Work and the completion date is Estimated Completion Date (as stated on the FACE PAGE) unless due to Tenant, that Landlord's work in events beyond the Premises described in Exhibit B has been substantially completedcontrol of LANDLORD.

Appears in 1 contract

Samples: Lease Agreement (Computer Programs & Systems Inc)

Demised Premises. 1.1 Landlord Landlord, for and in consideration of the covenants contained in this Lease and made on the part of Tenant, does hereby leases to Tenant demise and lease unto Tenant, and Tenant does hereby leases lease from Landlord for Landlord, a portion of the term building and upon land which is located in the termsCity of , conditionsCounty of , covenants State of New York, more particularly described in Exhibit A, (with the easements and agreements hereinafter provided, the appurtenances described below collectively referred to as "Demised Premises"). The Demised Premises consist of a ground floor space which: (i) is located having a frontage of feet fronting on the floor or floors , having a depth of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floornot less than feet, and having a total area of not less than square feet (iii) is bounded by all such lengths measured from the proposed inside or existing demising interior walls therefor, the approximate locations of such demising walls and space being marked building.) The Demised Premises are more particularly described in color or crosshatched and shown on the diagram(s) of the floor building plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made B. If tenant has the Demised Premises surveyed, then, at Tenant's option, the parties shall execute a part hereof. The Premises is to recordable amendment by which a survey description shall be known and called by the Suite Number or Numbers specified inserted in Item B(1) lieu of the Basic Lease Provisions. The appropriate number of rentable square feet description contained in Exhibit B, but Tenant shall not be obligated to lease less than is described above. Together with all common ways and areas within the Premisesbuilding of which the Demised Premises form a part, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, and together with other tenants of the Building and members of the public, to use the common public easements in such areas of the Buildingbuilding as Tenant may require for incinerator or trash purposes, but includes no other rights not specifically set forth herein. Landlord shall finish for loading and unloading Tenant's supplies through the Premises as set forth in Exhibit B attached hereto front and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession rear of the Premises building, for venting Tenant's equipment (both inside and outside of the building), and for the installation, repair and maintenance of Tenant's utility lines and HVAC systems, with access to Tenant such lines and Tenant agrees equipment, on the roof and elsewhere, throughout the term and any extension of this Lease. The common areas and other areas of the building referred to accept above shall be made available for Tenant's use and shall not be altered or modified by Landlord without the same from Landlord, upon written notice from Landlord to consent of Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedwhich consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Lease Agreement

Demised Premises. Section 1.1 Landlord hereby leases Landlord, in consideration of the rents to Tenant be paid and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements to be performed by the Tenant does hereby lease unto Tenant Demised Premises situated in the City of Detroit, County of Wxxxx and State of Michigan, more particularly described as: Suites 4,000 and 1,400, containing approximately 37,259 rentable square feet on the fourth floor and 5,594 rentable square feet on the first floor (collectively the "Office Premises") in the north half and 2875 rentable square feet (the "Storage Space") in the lower level of the south atrium of that certain office building, known as "300 River Place" (hereinafter provided, referred to as the Premises. The Premises consist of space which: (i"Building) is located on land more particularly described in the floor or floors of the Building legal description attached hereto as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched Exhibit A and shown on the diagram(s) of the specifications and floor plan for each such floorattached hereto and/or referenced in Exhibit B, such diagram(s) being attached to this Lease as Exhibit A and thereby made a part hereof. The , (the Office Premises is and the Storage Space hereinafter collectively referred to as the "Demised Premises"), together with the right to use certain interior and exterior common and public areas and facilities including, but not limited to, public corridors, stairwells, restrooms, elevators and parking facilities (on a space available basis and upon payment of requisite parking fees) (hereinafter referred to as the "Common Areas") as may be known designated by Landlord for use in common with Landlord and called by the Suite Number or Numbers specified in Item B(1tenants and occupants (their agents, employees, customers and invitees) of the Basic Lease ProvisionsBuilding, and the tenants and occupants (their agents, employees, customers and invitees) of Landlord's other adjacent buildings now or hereafter constructed in the development in Detroit, Michigan known as "River Place" (hereinafter referred to as "River Place"), if any. Tenant acknowledges that portions of the Common Areas may be designated by Landlord from time to time for the benefit of and use by others. The appropriate precise number of rentable square feet contained in of the Premises, as Demised Premises shall be determined by the Landlord, for identification purposes only, is specified in Item B(1) 's architect after the exact location of the Basic Lease Provisions (the "Rentable Area"). The lease demising walls of the Demised Premises includes has been specified by the rightTenant, together with other tenants or when the Demised Premises are otherwise completed and ready for occupancy and written confirmation of such determination shall be attached hereto and incorporated herein by reference; provided, that the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as rentable square footage set forth in Exhibit B attached hereto and made a part hereofSection 1.1 shall govern until such determination has been made. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements Such determination shall be based on usable square feet in or to the Demised Premises, structural or otherwisemeasured in accordance with the ANSI Z65.1-1980 (reaffirmed in 1989), except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlordstandard for determining usable square feet, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completedplus a fifteen percent (15%) common area factor.

Appears in 1 contract

Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)

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