INDUSTRIAL LEASE. (Single Tenant; Net) THIS LEASE is made as of the 7th day of September, 2000, by and between THE IRVINE COMPANY, a Delaware corporation, hereafter called “Landlord,” and INTRALASE CORP., a Delaware corporation, hereinafter called “Tenant.”
INDUSTRIAL LEASE improvement allowances or other concessions applicable to the Leased Premises during the original Lease Term shall not apply to the Extension Term, and (iii) the Minimum Annual Rent shall be adjusted as set forth below (the “Rent Adjustment”). Tenant shall exercise such option by delivering to Landlord, no later than nine (9) months prior to the expiration of the then current Lease Term, written notice of Tenant’s desire to extend the Lease Term. Tenant’s failure to timely exercise such option shall waive it and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of Landlord’s determination of the Rent Adjustment no later than eight (8) months prior to the commencement of the Extension Term. Tenant shall have thirty (30) days following its receipt of Landlord’s notice to notify Landlord in writing that Tenant objects to the Rent Adjustment and that Tenant either (x) retracts its option to extend the Lease Term, or (y) elects to determine the Rent Adjustment through an appraisal process. If Tenant elects option (x) above, the Lease Term shall expire on its scheduled expiration date and Tenant’s option to extend shall be void and of no further force and effect. If Tenant elects option (y) above, the Rent Adjustment shall be determined in accordance with the appraisal process set forth in subsection (c) below. If Tenant fails to notify Landlord of such election within said thirty (30) day period, Tenant shall be deemed to have accepted the Rent Adjustment set forth in Landlord’s notice to Tenant.
INDUSTRIAL LEASE. THIS LEASE is made effective as of the 1st day of July, 2003, between XXXXXX X. XXX, XX., a married man dealing with his sole and separate property (hereinafter referred to as “Landlord”); and FOX FACTORY, INC., a California Corporation (hereinafter referred to as “Tenant”), who agree as follows:
INDUSTRIAL LEASE. (Multi-Tenant; Net) THIS LEASE is made as of the 8th day of February, 2005, by and between THE IRVINE COMPANY, hereafter called “Landlord,” and GOREMOTE INTERNET COMMUNICATIONS, INC., a Delaware corporation, which will do business in California as GoRemote Internet Communications, Inc., hereinafter called “Tenant.”
INDUSTRIAL LEASE. This Industrial Lease (“Lease”), dated for reference purposes only January 24, 2007 (the “Effective Date”), is made by and between GLOBAL XXXX XX, LLC, a California limited liability company (“Lessor”), and SOLYNDRA, INC., a Delaware corporation (“Original Lessee”) (collectively the “Parties,” or individually a “Party”).
INDUSTRIAL LEASE. (J) Any costs, fines or penalties incurred to the extent due to a violation by Landlord or any tenant or occupant of the Building of any laws, rules or regulations to the extent not the responsibility of Tenant, or of any of the terms and conditions of this Lease or any other lease, obligation or agreement relating to the Building, or costs incurred due to the negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors.
INDUSTRIAL LEASE. Premises for re-letting, demolition, repairs, tenant improvements, brokers' commissions and attorneys' fees, it being expressly understood and agreed that the liabilities and remedies specified in this subsection (b) shall survive the termination of this Lease.
INDUSTRIAL LEASE. (c) Following Tenant's approval (or deemed approval) of the CD's, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord and Tenant shall review the bids jointly and Tenant shall select one sub-contractor for each item bid. Tenant shall not be required to choose the low bidder. It is the parties' intent that the Landlord or its subsidiary act as general contractor for construction of the Tenant Improvements. The total cost of the Tenant Improvements (the "Total Cost") shall equal the sum of the following: (i) the cost of construction work performed directly by Landlord's contractors and subcontractors (the "Construction Cost"), (ii) the cost of General Conditions (as hereinafter defined), currently estimated to be $99,932.80, (iii) the cost of reasonable design fees and engineering fees incurred by Landlord in the design of the Space Plan and the CD's (the "Design Cost"), currently estimated to be $39,425.60, (iv) a fee in the amount of seven percent (7%) of the Construction Cost, and the General Conditions, and (v) a fee in the amount of three and one-half percent (3 1/2%) of the Design Cost. General Conditions shall include the following expenses: supervisory fees for the project superintendent, project manager and administrative assistant, building permit fee, cost of the contractor's commercial general liability, workers' compensation and employer liability insurance, including deductibles, safety railings if required, copying charges for the CD's and any other documents required to complete the Tenant Improvements, postage, computers, computer operation, faxing, telephones, hoisting equipment, fire protection, unloading equipment, first aid supplies and service, clean-up, temporary construction barriers, temporary heat, lighting and electricity, temporary/portable toilets, waste management and dumpsters, permit, testing and inspection fees and the cost of temporary utilities. Promptly following the selection of all subcontractors, Landlord shall deliver to Tenant a statement of the Total Cost (the "Cost Statement"). Notwithstanding the forgoing, the Cost Statement shall not include any fees for review of the Space Plan by the construction manager or general contractor. Tenant agrees to acknowledge the Cost Statement in writing within three (3) days following Landlord's written request therefor. Notwithstanding the foregoing, if all the bids received for any major trade cause Tenant's internal budg...
INDUSTRIAL LEASE. (e) Landlord shall apply for and obtain all permits, inspections and any certificate of occupancy required for the construction of the Tenant Improvements and the use and occupancy of the Leased Premises, except for any permits and inspections not included in the Tenant Improvements. Landlord hereby warrants to Tenant that construction of the Tenant Improvements shall be carried out in a workmanlike manner and compliance with all laws and that the Tenant Improvements shall be built in accordance with the CD's, as same may be amended by Change Order (as hereinafter defined). Landlord hereby further warrants to Tenant, which warranty shall survive for the one (1) year period following the Commencement Date, that (i) the materials and equipment furnished by Landlord's contractors in the completion of the Tenant Improvements will be of good quality and new, (ii) such materials and equipment and the work of such contractors shall be free from defects not inherent in the quality required or permitted hereunder, and (iii) the Tenant Improvements will be constructed in accordance with the CD's, as same may be amended by Change Order. This warranty shall exclude damages or defects caused by Tenant, its agents, employees or contractors, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage.
INDUSTRIAL LEASE. 10. No space in the Building shall be used for the sale of merchandise, goods, or property of any kind at auction.
