FURTHER TERMS. The parties also agree: A. Landlord shall pay any Brokers commission payable to Advantage Osbo▇▇▇, ▇▇C, as a result of the parties entering into this Lease. Except for Advantage Osbo▇▇▇, ▇▇C, no Broker negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith. B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by personal delivery, by facsimile transmission, or by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address and/or facsimile number as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of personal delivery, evidence of successful facsimile transmission, or three (3) business days after mailing such notice. C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article XIV, may be commenced and prosecuted to final judgment and execution by Landlord or its agent. D. Landlord covenants and agrees that Tenant, upon paying Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, within applicable cure periods, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term of this Lease. E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and permitted assigns. F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Wisconsin. G. Tenant covenants that it will not abandon the Premises during the Term of this Lease. If Tenant vacates the Premises, Landlord may, upon twenty (20) days prior written notice to Tenant, terminate this Lease. H. (1) The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility at the time in question, and in the event of any transfer or transfers or conveyances the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect to their respective successive periods of ownership.
Appears in 1 contract
Sources: Lease (SBS Technologies Inc)
FURTHER TERMS. The parties also agree:
A. Landlord shall pay any Brokers commission payable to Advantage Osbo▇▇▇Tenant represents that Tenant has dealt directly with and only with the broker or tenant representative set forth on the Data Sheet, ▇▇C, in connection with this Lease and that insofar as a result of the parties entering into this Lease. Except for Advantage Osbo▇▇▇, ▇▇CTenant knows, no Broker other broker or tenant representative negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith. Landlord shall be responsible for payment of Welsh Companies and CB Commercial arising from this Lease.
B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by personal delivery, by facsimile transmission, or by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address and/or facsimile number as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of personal delivery, evidence of successful facsimile transmission, or three (3) business days after mailing such notice.
C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article XIV14, may be commenced and prosecuted to final judgment and execution by Landlord or its agent.
D. Landlord covenants and agrees that Tenant, upon paying the Base Rent, Additional Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, within applicable cure periods, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term term of this Lease.
E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and permitted assigns.
F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Wisconsinstate in which the Premises are located.
G. Tenant covenants that it will not abandon the Premises during the Term of this Lease. If Tenant vacates the Premises, Landlord may, upon twenty (20) days prior written notice to Tenant, terminate this Lease.
H. (1) The Subsequent to the Commencement Date and payment by Landlord of the allowances set forth in Section 22.0 (a) and (b) and any signage allowance (as opposed to the refurbishment allowance) due to Tenant under Section 22.0(c) for exterior Building signage initially installed by Tenant, the term "“Landlord" ” as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility at the time in question, and in the event of any transfer or transfers or conveyances in which the transferee assumes all obligations of Landlord under the Lease accruing after said transfer, the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant conveyance or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect to their respective successive periods of ownership.
(2) In the event of a sale or conveyance by Landlord of the Facility or any part of the Facility, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Tenant agrees to look solely to the responsibility of the successor in interest of Landlord in and to this Lease. This Lease shall not be affected by any such sale or conveyance, and Tenant agrees to attorn to the purchaser or grantee, which shall be personally obligated on this Lease only so long as it is the owner of Landlord’s interest in and to this Lease.
H. The marginal or topical headings of the several Articles and sections are for convenience only and do not define, limit or construe the contents of said Articles and sections.
I. All preliminary negotiations and written commitments are merged into and incorporated in this Lease, except for written collateral agreements executed contemporaneously herewith.
J. This Lease can only be modified or amended by an agreement in writing signed by the parties hereto. No receipt of money by Landlord from Tenant or any other person after termination of this Lease or after the service of any notice or after the commencement of any suit, or after final judgment for possession of the Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand or suit, or imply consent for any action for which Landlord’s consent is required, unless specifically agreed to in writing by Landlord. Any amounts received by Landlord may be allocated to any specific amounts due from Tenant to Landlord as Landlord determines.
K. Landlord shall have the right to close any portion of the building area or land area to the extent as may, in Landlord’s reasonable opinion, be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein. Landlord shall at all times have full control, management and direction of the Facility, subject to the rights of Tenant in the Premises, and Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number and location of buildings, layout and nature of the Facility and the other tenancies, premises and buildings included in the Facility, to construct additional buildings and additions to any building, and to create additional rentable areas through use and/or enclosure of common areas, or otherwise, and to place signs on the Facility, and upon reasonable advance written notice to Tenant to change the name, address, number or designation by which the Facility is commonly known. In the event the notice of name change is less than nine (9) months in advance of the effective date, Landlord shall pay the reasonable costs of replacement stationery, business cards and similar items on which the name of the Building is utilized. Landlord will not name the Building after a direct competitor of Tenant. No implied easements are granted by this Lease. Tenant shall have the nonexclusive right in common with Landlord and tenants and occupants of the Facility, to ingress and egress to and through the common areas of the Facility.
L. Tenant shall permit Landlord (or its designees) to erect, use, maintain, replace and repair pipes, cables, conduits, plumbing, vents, and telephone, and other wires or other items, in, to and through the Premises in chases, floors or above the dropped ceiling, as and to the extent that Landlord may now or hereafter deem necessary or appropriate for the proper operation and maintenance of the Facility.
M. Employees or agents of Landlord have no authority to make or agree to make a lease or other agreement or undertaking in connection herewith. The submission of this document for examination does not constitute an offer to lease, or a reservation of, or option for, the Premises. This document becomes effective and binding only upon execution and delivery hereof by the proper officers of Landlord and by Tenant. Tenant confirms that Landlord and its agents have made no representations or promises with respect to the Premises or the making of or entry into this Lease except as in this Lease expressly set forth, and agrees that no claim or liability shall be asserted by Tenant against Landlord for, and Landlord shall not be liable by reason of, breach of any representations or promises not expressly stated in this Lease. This Lease, except for the Building Rules and Regulations, in respect to which subparagraph ”N” of this Article shall prevail, can be modified or altered only by agreement in writing between Landlord and Tenant, and no act or omission of any employee or agent of Landlord shall alter, change or modify any of the provisions hereof.
N. Tenant shall perform, observe and comply with the Building Rules and Regulations of the Facility, as set forth in Exhibit C attached hereto, with respect to the safety, care and cleanliness of the Premises and the Facility, and the preservation of good order thereon, and, upon written notice thereof to Tenant, Tenant shall perform, observe, and comply with any reasonable changes, amendments or additions thereto consistent with Tenant’s rights under this Lease as from time to time shall be established and deemed advisable by Landlord for tenants of the Facility. Landlord shall not be liable to Tenant for any failure of any other tenant or tenants of the Facility to comply with such Building Rules and Regulations.
O. All rights and occupancy of Tenant herein shall be subject to all governmental laws, ordinances and regulations, and Tenant shall comply with the same.
P. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the term of this Lease shall survive the expiration or earlier termination of the term hereof, including, without limitation, all payment obligations with respect to Operating Expenses and Real Estate Taxes and all obligations concerning the condition of the Premises.
Q. Subsequent to delivering occupancy of the Premises to Tenant substantially completed and all improvements paid in full including payment to Tenant by Landlord of the allowances set forth in Section 22.0 (a) and (b) hereof, and any signage allowance (as opposed to the refurbishment allowance) due to Tenant under Section 22.0(c) for exterior Building signage initially installed by Tenant, Tenant agrees to look solely to Landlord’s interest in the Facility for the recovery of any judgment from Landlord, it being agreed that Landlord, or if Landlord is a partnership, its partners whether general or limited, or if Landlord is a corporation, its directors, officers or shareholders, shall never be personally liable for any such judgment.
R. The Tenant, if any, shall furnish to Landlord promptly upon demand, a corporate resolution, proof of due authorization of partners, or other appropriate documentation reasonably requested by Landlord evidencing the due authorization of Tenant to enter into this Lease.
Appears in 1 contract
Sources: Lease (SoftBrands, Inc.)
FURTHER TERMS. The parties also agree:
A. Landlord shall pay any Brokers commission payable to Advantage Osbo▇▇▇Tenant represents that Tenant has dealt directly with and only with the Tenant Representative set forth on the Data Sheet, ▇▇C, in connection with this Lease and that insofar as a result of the parties entering into this Lease. Except for Advantage Osbo▇▇▇, ▇▇CTenant knows, no Broker other broker or Tenant Representative negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith.
B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by personal delivery, by facsimile transmission, or by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address and/or facsimile number as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of personal delivery, evidence of successful facsimile transmission, or three (3) business days after mailing such notice.
C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article XIV14, may be commenced and prosecuted to final judgment and execution by Landlord or its agent.
D. Landlord covenants and agrees that Tenant, upon paying the Base Rent, Additional Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, within applicable cure periods, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term term of this Lease.
E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and permitted assigns.
F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Wisconsinstate in which the Premises are located.
G. Tenant covenants that it will not abandon the Premises during the Term of this Lease. If Tenant vacates the Premises, Landlord may, upon twenty (20) days prior written notice to Tenant, terminate this Lease.
H. (1) The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility at the time in question, and in the event of any transfer or transfers or conveyances the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant conveyance or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect to their respective successive periods of ownership. The provisions of Section G (1) and (2) shall become effective upon Landlord's completion of construction of the Facility (other than rentable area for other tenants) and payment to Tenant of the tenant allowance set forth in Article XXVI.
Appears in 1 contract
FURTHER TERMS. The parties also agree:
A. Landlord shall pay any Brokers commission payable to Advantage Osbo▇▇▇Tenant represents that Tenant has dealt directly with and only with the broker or tenant representative set forth on the Data Sheet, ▇▇C, in connection with this Lease and that insofar as a result of the parties entering into this Lease. Except for Advantage Osbo▇▇▇, ▇▇CTenant knows, no Broker other broker or tenant representative negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith. Landlord shall be responsible for payment of Welsh Companies and CB Commercial arising from this Lease.
B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by personal delivery, by facsimile transmission, or by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address and/or facsimile number as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of personal delivery, evidence of successful facsimile transmission, or three (3) business days after mailing such notice.
C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article XIV14, may be commenced and prosecuted to final judgment and execution by Landlord or its agent.
D. Landlord covenants and agrees that Tenant, upon paying the Base Rent, Additional Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, within applicable cure periods, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term term of this Lease.
E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and permitted assigns.
F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Wisconsin.
G. Tenant covenants that it will not abandon state in which the Premises during the Term of this Lease. If Tenant vacates the Premises, Landlord may, upon twenty (20) days prior written notice to Tenant, terminate this Leaseare located.
H. (1) The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility at the time in question, and in the event of any transfer or transfers or conveyances the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect to their respective successive periods of ownership.
Appears in 1 contract
Sources: Lease (Fourth Shift Corp)
FURTHER TERMS. The parties also agree:
A. Landlord shall pay any Brokers commission payable to Advantage Osbo▇▇▇Tenant represents that Tenant has dealt directly with and only with the broker or tenant representative set forth on the Data Sheet, ▇▇C, in connection with this Lease and that insofar as a result of the parties entering into this Lease. Except for Advantage Osbo▇▇▇, ▇▇CTenant knows, no Broker other broker or tenant representative negotiated or participated in negotiations of this Lease or submitted or showed the Premises or is entitled to any commission in connection therewith. Landlord shall be responsible for payment of Welsh Companies and CB Commercial arising from this Lease.
B. All notices, demands and requests shall be in writing, and shall be effectively served by forwarding such notice, demand or request by personal delivery, by facsimile transmission, or by certified or registered mail, postage prepaid, addressed to the respective party at the address set forth on the Data Sheet, or at such other address and/or facsimile number as such party may hereafter designate by written notice to the other party, in which case said notice shall be effective at the time of personal delivery, evidence of successful facsimile transmission, or three (3) business days after mailing such notice.
C. All rights and remedies of Landlord under this Lease or that may be provided by law may be executed by Landlord in its own name, individually, or by its agent of whose appointment Tenant shall have written notice in the name of Landlord, and all legal proceedings for the enforcement of any such rights or remedies, including those set forth in Article XIV14, may be commenced and prosecuted to final judgment and execution by Landlord or its agent.
D. Landlord covenants and agrees that Tenant, upon paying the Base Rent, Additional Rent and other charges herein provided for and observing and keeping the covenants, agreements and conditions of this Lease on its part to be kept and performed, within applicable cure periods, shall lawfully and quietly hold, occupy and enjoy the Premises during the Term term of this Lease.
E. The covenants and agreements herein contained shall bind and inure to the benefit of the Landlord, its successors and assigns, and Tenant and its permitted successors and permitted assigns.
F. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Wisconsinstate in which the Premises are located.
G. Tenant covenants that it will not abandon the Premises during the Term of this Lease. If Tenant vacates the Premises, Landlord may, upon twenty (20) days prior written notice to Tenant, terminate this Lease.
H. (1) The Subsequent to the Commencement Date and payment by Landlord of the allowances set forth in Section 22.0 (a) and (b) and any signage allowance (as opposed to the refurbishment allowance) due to Tenant under Section 22.0(c) for exterior Building signage initially installed by Tenant, the term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners of the Facility at the time in question, and in the event of any transfer or transfers or conveyances in which the transferee assumes all obligations of Landlord under the Lease accruing after said transfer, the then grantor shall be automatically freed and released from all personal liability accruing from and after the date of such transfer or conveyance as respects the performance of any covenant conveyance or obligation on the part of Landlord contained in this Lease to be performed, it being intended hereby that the covenants and obligations contained in this Lease on the part of Landlord shall be binding on the Landlord, its successors and assigns, only during and in respect to their respective successive periods of ownership.
(2) In the event of a sale or conveyance by Landlord of the Facility or any part of the Facility, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained and in such event Tenant agrees to look solely to the responsibility of the successor in interest of Landlord in and to this Lease. This Lease shall not be affected by any such sale or conveyance, and Tenant agrees to attorn to the purchaser or grantee, which shall be personally obligated on this Lease only so long as it is the owner of Landlord's interest in and to this Lease.
H. The marginal or topical headings of the several Articles and sections are for convenience only and do not define, limit or construe the contents of said Articles and sections.
I. All preliminary negotiations and written commitments are merged into and incorporated in this Lease, except for written collateral agreements executed contemporaneously herewith.
J. This Lease can only be modified or amended by an agreement in writing signed by the parties hereto. No receipt of money by Landlord from Tenant or any other person after termination of this Lease or after the service of any notice or after the commencement of any suit, or after final judgment for possession of the Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand or suit, or imply consent for any action for which Landlord's consent is required, unless specifically agreed to in writing by Landlord. Any amounts received by Landlord may be allocated to any specific amounts due from Tenant to Landlord as Landlord determines.
K. Landlord shall have the right to close any portion of the building area or land area to the extent as may, in Landlord's reasonable opinion, be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein. Landlord shall at all times have full control, management and direction of the Facility, subject to the rights of Tenant in the Premises, and Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number and location of buildings, layout and nature of the Facility and the other tenancies, premises and buildings included in the Facility, to construct additional buildings and additions to any building, and to create additional rentable areas through use and/or enclosure of common areas, or otherwise, and to place signs on the Facility, and upon reasonable advance written notice to Tenant to change the name, address, number or designation by which the Facility is commonly known. In the event the notice of name change is less than nine (9) months in advance of the effective date, Landlord shall pay the reasonable costs of replacement stationery, business cards and similar items on which the name of the Building is utilized. Landlord will not name the Building after a direct competitor of Tenant. No implied easements are granted by this Lease. Tenant shall have the nonexclusive right in common with Landlord and tenants and occupants of the Facility, to ingress and egress to and through the common areas of the Facility.
L. Tenant shall permit Landlord (or its designees) to erect, use, maintain, replace and repair pipes, cables, conduits, plumbing, vents, and telephone, and other wires or other items, in, to and through the Premises in chases, floors or above the dropped ceiling, as and to the extent that Landlord may now or hereafter deem necessary or appropriate for the proper operation and maintenance of the Facility.
M. Employees or agents of Landlord have no authority to make or agree to make a lease or other agreement or undertaking in connection herewith. The submission of this document for examination does not constitute an offer to lease, or a reservation of, or option for, the Premises. This document becomes effective and binding only upon execution and delivery hereof by the proper officers of Landlord and by Tenant. Tenant confirms that Landlord and its agents have made no representations or promises with respect to the Premises or the making of or entry into this Lease except as in this Lease expressly set forth, and agrees that no claim or liability shall be asserted by Tenant against Landlord for, and Landlord shall not be liable by reason of, breach of any representations or promises not expressly stated in this Lease. This Lease, except for the Building Rules and Regulations, in respect to which subparagraph
Appears in 1 contract
Sources: Lease (Fourth Shift Corp)