Common use of Leased Premises Clause in Contracts

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 3 contracts

Samples: Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

AutoNDA by SimpleDocs

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProject, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the PropertyProject; and (c) all other rights and benefits provided to Tenant with respect to the Property Project pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property Project located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 3 contracts

Samples: Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Subject In consideration for the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases from Landlord for the Rental Term and take from Landlordupon the terms and conditions herein set forth, the Leased PremisesPremises described in Section 1.01 (I), located in the office building referred to in Section 1.01(H) (“Building”). The initial legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the Building. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are described not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in Exhibit A hereto locations which shall not materially interfere with Tenant’s use thereof and in serving other parts of the Lease SupplementsBuilding or buildings are hereby reserved to Landlord. Tenant shall Landlord reserves (a) such access rights through the Leased Premises as may be entitled reasonably necessary to enable access by Landlord to the following balance of the Building and reserved areas and elements as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: set forth above; and (ab) the right to useinstall or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to permit Tenant’s employees minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and inviteesuse, in common with Landlord others of such unreserved automobile parking spaces, driveways, footways, and other personsfacilities designated for common use within the Building and the Project, except that with respect to use any non-exclusive easements and/or licenses inareas, about Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or appurtenant other restricted parking areas. Tenant shall have the option to utilize the Property, including adjacent parking structure in accordance with the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof provisions of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof1.01(S).

Appears in 3 contracts

Samples: Lease (TGPX Holdings I LLC), Lease (TGPX Holdings I LLC), Lease (Traeger, Inc.)

Leased Premises. Subject The Landlord hereby leases to the Tenant all those premises consisting of approximately 25,913 rentable square feet of space on part of the first floor and upon part of the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, second floor (herein called the Leased Premises”) of the building known municipally as 000 Xxxxx Xxx Drive (herein called the “Building”) in the City of Ottawa (formerly Kanata) which said building is erected on the lands (herein called the “Lands”) described in Schedule “A” annexed hereto. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment rentable area of the Leased Premises shall be increased by the amount of rentable area used by the Tenant in the Building other than in the Leased Premises for any special HVAC, ducting, exhaust equipment or other thing serving the purposes permitted by Section 1.5, including Leased Premises (the right of Tenant, its employees “Additional Rentable Area”). The Leased Premises are more particularly outlined on the floor plan annexed hereto and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to marked Schedule “B”. The parties acknowledge that the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof foregoing calculation of the Building, and other portions area of the Property located outside Leased Premises and Building has been estimated only and that the actual area of the Leased Premises and Building shall be subject to certification by the Landlord’s architect. On or before the date so stipulated for possession of the Leased Premises, or within a reasonable time thereafter, the Landlord shall provide a letter or certificate of measurement from the Landlord’s architect verifying the square footage of the Leased Premises, the Additional Rentable Area and Building in accordance with ANSI BOMA Z65.1-1996. The areas established in the certificate shall be final and binding upon the parties. As represented by Landlord, the Building has an approximate rentable area of Sixty-Seven Thousand Four Hundred Twenty-Eight (67,428) square feet, which may change from time to time as a result of alterations, modifications, deletions or additions made by the Landlord from time to time at which time a new certificate will be issued by the Landlord’s architect and it will be binding on the parties. The Leased Premises shall be delivered to Tenant on an “as is and seen” basis observed on the date of signature by the Tenant of this Lease, including existing leasehold improvements, fixtures and all existing mechanical and electrical improvements. Furthermore, the Leased Premises shall be free and clear of any items of furniture, chattels and other personal property of the previous tenant and shall be in a broom-clean condition. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to Section 3.5 hereof)the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.

Appears in 2 contracts

Samples: Indemnity Agreement (Coley Pharmaceutical Group, Inc.), Indemnity Agreement (Coley Pharmaceutical Group, Inc.)

Leased Premises. Subject Landlord, in consideration of the rents to be paid by Tenant and upon the terms covenants and agreements hereinafter set forthforth to be performed by Tenant, Landlord does hereby agree to lease to Tenant that portion of the real property and demise improvements located in the City of Wixom, County of Oakland, State of Michigan, commonly known as 50120 Pontiac Trail (“Real Property”), as specifically set forth on the Floor Plan dated August 30, 2002 attached hereto and incorporated herein as Exhibit A, consisting of approximately 27,072 square feet and all other items of real or personal property located within the said area (all such property hereinafter referred to as the “Leased Premises”). Tenant shall also have the right to the use of all common areas on the Real Property consistent with the purpose for such common areas, provided, however, the Tenant shall not interfere with the peaceful enjoyment of the use of said common areas and the balance of the Landlord’s Real Property by any other tenant to whom the Landlord has leased a portion of said Real Property. Tenant, and ’s use of parking spaces shall be limited to the number specifically allotted to the Tenant does by the Landlord. The Landlord hereby lease and take from Landlord, allots to the Tenant 60 parking spaces on the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in In the Lease Supplements. event Landlord designates Tenant’s parking spaces by signage or otherwise, Tenant shall be entitled to use the following as appurtenances to parking spaces so designated. In the Leased Premises, all at no cost to event that Landlord does not designate specific parking spaces for Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) then Tenant shall have the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected parking spaces not designated as reserved for any other Tenant up to the Property; and (c) all other rights and benefits provided to Tenant with respect number of parking spaces herein allotted to the Property pursuant Tenant. Tenant shall not use parking spaces in excess of those specifically allotted to this Lease (including the rights granted to Tenant to use by the roof of Landlord herein, nor shall the Building, Tenant obstruct or interfere with any common areas within the improvement or common area sidewalks and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)common area ingress and egress routes.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements Exhibit A and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).. BBD-1 Separate Lease Form

Appears in 1 contract

Samples: Master Lease Agreement (Gramercy Capital Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost : the right to Tenant, other than as provided in Section 2.2 or Section 3.1 below: use (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on Exhibit A (b) for Tenant's non-exclusive use, the Lease Supplements and roof of the elevator lobbiesBuilding in accordance with Section 3.5 hereof, corridors(c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on Tenant; provided that if such facilities also serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive basis (and in common with Landlord and other tenants or occupants of the Property, floors also serviced by such facilities and their respective employees (d) for use in common with Landlord and invitees), the balance other tenants or occupants of the Parking Areas Projects, their invitees and guests and others as designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Building and other portions of the Project available from time to time for the common use of tenants in the Building (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas (excluding Areas" and "Floor Common Areas" in the Measurement Standard, systems the "Common Areas") and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.51.5 hereof including, including but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProject, including but not limited to the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Project.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Subject to and upon the terms hereinafter set forth, The Landlord by these presents does hereby lease and demise rent to the Tenant, and said Tenant hereby agrees to lease and take upon the terms and conditions set forth herein 24,412 square feet (the "leased premises") in a building located at 000 Xxxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxx Xxxxxx, Xxx Xxxxxx (said leased premises being shown in red outlining on the plan attached hereto and marked Exhibit "A"). Tenant's right to use parking facilities shall be restricted to ninety (90) spaces for use by passenger automobiles by its employees and visitors and Tenant's service and delivery trucks, and parking shall be in the areas designated on Exhibit "A" as permitted parking areas. During the term of this lease after fifteen (15) days prior written notice to Tenant, and Tenant does hereby lease and take from LandlordLandlord shall have the right to change the area or areas designated for permitted parking by the Tenant, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto but Landlord shall not exercise this right unless reasonably necessary to do so and in no event shall Landlord provide less than ninety (90) spaces for Tenant's use which shall be in reasonable proximity to the Lease Supplementsleased premises. Tenant shall not park abandoned vehicles in the parking lot. The leased premises is to be entitled used and occupied by Tenant and such other entities which are controlled by, controlling and/or common control of Tenant for light assembly and manufacturing, distribution, warehouse and related office uses, subject to the following as appurtenances to the Leased Premisessuch uses being permitted by federal, all at no cost to Tenantstate and local laws, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to useordinances, rules and to permit Tenant’s employees and invitees to use regulations; however, (i) on an exclusive basishazardous wastes, as defined in ISRA from time to time (ISRA is defined in Section 34 hereof), shall not be generated in the dedicated Parking Areasleased premises, if anyexcept Tenant may be a small quantity generator as defined in the New Jersey environmental laws, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on Tenant will not have a non-exclusive basis (Standard Industrial Classification Code as a chemical manufacturer nor will hazardous substances, as defined in common with Landlord and other tenants ISRA from time to time, be stored or occupants manufactured in the leased premises as a major product or as a major component of a product manufactured in the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)leased premises.

Appears in 1 contract

Samples: Agreement of Lease (Bei Medical Systems Co Inc /De/)

Leased Premises. Subject Landlord hereby leases to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, Tenant and Tenant does hereby lease and take leases from Landlord, on the terms and provisions and subject to the conditions hereinafter set forth in this Lease, Xxxxx 000, 0000 Xxxxxxxx Xxxx Xxxx., Xxxxxxx, Xxxxxxxxx 00000, as shown on the attached floor plan (Exhibit A), consisting of 22,475 square feet of rentable square feet (21,203 usable square feet plus a 6% load factor) on the 5th floor of the Building (the “Leased Premises”). The building in which the Leased Premises are located (the "Building") contains approximately 113,500 square feet and is located on the property described in Exhibit B. The Building and the property on which it is located are referred to herein as "Landlord's Property". Tenant shall also have a non-exclusive right, subject to the provisions hereof, to use all appurtenances to the Leased Premises designated by Landlord from time to time for use in common by other tenants of the Building in accordance with the provisions of Article V, subject to the rights of Landlord under Section 5.01. Landlord has determined the rentable area of the Building and the Leased Premises substantially in accordance with ANSI/BOMA 1996 “Standard Method for Measuring Floor area in Office Buildings” (the “BOMA Standards”). Landlord agrees to cap the BOMA load factor at 6%. If at any time Landlord determines, substantially in accordance with BOMA Standards, that the rentable area of the Leased Premises or Building differs from the rentable area specified in this section, Landlord and Tenant will amend this Lease accordingly; provided, however, that any such amendment will operate prospectively only. Landlord and Tenant will not make any retroactive adjustments to Base Rent or any other payments on account of any difference between the rentable area of the Leased Premises or Building specified in this section and the rentable area of the Leased Premises or Building as may be determined after the date of this Lease. In the event Landlord elects to expand the Building, Landlord shall have the option to remove from the Leased Premises the Exit Vestibule depicted on Exhibit A, consisting of 142 rentable square feet (the “Exit Vestibule”). Landlord may exercise this option by written notice (the "Removal Option Notice") to Tenant given at least thirty (30) days in advance of the removal, provided Landlord shall be responsible for all costs related to such removal, including but not limited to the cost of any improvements or alterations required to partition the Exit Vestibule from the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in Removal Option Notice shall specify the Lease Supplements. Tenant date on which the Exit Vestibule shall be entitled to the following as appurtenances to removed from the Leased Premises, all at no cost which time Tenant's obligation to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) pay Base Rent after the right removal shall be adjusted to use, reflect the removal and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, thereafter the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of Exit Vestibule shall be excluded from the Leased Premises by for all purposes under this Lease. At all times during the Term of the Lease, Landlord shall provide Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant access to the Property, including the non-exclusive right to use any walkways, tunnels, Building and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased PremisesPremises twenty-four (24) hours a day, pursuant to Section 3.5 hereof)seven (7) days a week.

Appears in 1 contract

Samples: To Lease (Exact Sciences Corp)

Leased Premises. Subject In consideration of the rent, covenants and agreements hereinafter reserved and contained on the part of Tenant to be observed and upon the terms hereinafter set forthperformed, Landlord does hereby lease demises and demise leases to Tenant, and Tenant does hereby lease rents and take takes from Landlord, Landlord Suite 301 (hereinafter referred to as the Leased Premises”), located in that certain building being a commercial office building located on 100 Xxxxxxxx Xxxxxx (hereinafter referred to as the “Building”), Cambridge, Massachusetts. The initial Leased Premises contains 10,356 net rentable square feet on the third floor of the Building and are more particularly described in Exhibit A hereto A, attached hereto. Landlord represents to Tenant that the Leased Premises and in the Building were measured based on the BOMA standard for Office Buildings — Standard Measures of Management (ANSI/BOMA Z65.1 - 2010 and that the size of the Leased Premises is 10,356 net rentable square feet and the size of the Building is 30,456 net rentable square feet. The Leased Premises shall not be remeasured during the Lease SupplementsTerm. Tenant Nothing herein contained shall be entitled construed as a grant or demise by Landlord to Tenant of the following as appurtenances to roof or exterior walls of the Leased Premises, all at no cost to Tenantor of the space above the Leased Premises or below the underside of the floor slab thereof, or of any space within the Leased Premises used for shafts, stacks, pipes, conduits, ducts, electric or other than as provided in Section 2.2 utilities, or Section 3.1 below: (a) of the common areas of the Building. Tenant shall have the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and others from time to time lawfully entitled thereto such service and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems common areas and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment outside of the Leased Premises as may from time to time be established by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees Owner (as hereinafter defined and invitees, designated as such in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant Building) including means of egress and ingress and walkways, sidewalks, lobbies, stairways and other areas of the Building not occupied or intended to this Lease (including be occupied by any person exclusively. Owner has reserved the rights granted right to Tenant add to, subtract from, or otherwise change the common facilities from time to use time as it may deem for the roof best interest of the Building; provided, however, it shall not thereby unreasonably interfere with Tenant use and other portions of the Property located outside occupancy of the Leased Premises, pursuant Premises hereunder. Tenant takes the Leased Premises subject to Section 3.5 hereof)this reservation.

Appears in 1 contract

Samples: Lease Agreement (Third Harmonic Bio, Inc.)

Leased Premises. Subject to and upon the terms hereinafter set forth, Leased Premises (a) Landlord does hereby demise and lease and demise to Tenant, Tenant and Tenant does hereby rent and lease and take from Landlord, Landlord the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in (excluding the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements roof and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants exterior surfaces of the Propertyexterior walls thereof) for the Term, and their respective employees and invitees), the balance subject to all of the Parking terms and conditions of this Lease. License to Use Common Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); Facilities (b) all rights During the Term, Tenant and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including shall have the non-exclusive right, in common with other tenants, occupants and users of the Property, to use the Common Areas and Facilities (as defined below) of the Property. Tenant acknowledges and agrees that the non-exclusive use right granted to Tenant and its employees and invitees in and to the Common Areas and Facilities is being granted subject to all of the terms, conditions and restrictions set forth in this Lease. As used in this Lease, “Common Areas and Facilities” mean those areas and facilities which may be designated by Landlord from time to time in or about the Property for the general use in common by all tenants, occupants and users of the Property and shall include, without limitation, driveways, truckways, entrances, lobbies, exits, loading docks, pedestrian sidewalks, ramps, exterior (and interior) stairways, elevators, parking areas, landscaped areas, and lighting facilities. In addition, although the roof of the Building is not literally part of the Common Areas and Facilities available for use by all tenants, occupants and users of the Property, it will be deemed to be so included for purposes of Landlord’s ability to prescribe rules and regulations regarding same and its inclusion for purposes of Operating Costs (as defined in Schedule “D” attached hereto) reimbursements. Notwithstanding anything herein to the contrary, Tenant shall not utilize any parking spaces other than the unreserved Permitted Number of Parking Spaces, and such use shall be on an unassigned, “first come-first served” basis during the Term, except that Tenant shall have two reserved parking spaces as set forth in the Basic Lease Information Rider. Tenant and its employees and invitees shall not park in any spaces reserved for another tenant and clearly marked for reserved use. Landlord has and reserves the right to alter the methods used to control parking and the right to establish such controls and rules and regulations (such as parking stickers to be affixed to vehicles) regarding parking that Landlord may deem desirable. Without liability, Landlord will have the right to tow or otherwise remove vehicles improperly parked, blocking ingress or egress lanes, or violating parking rules, at the expense of the offending tenant and/or owner of the vehicle. Tenant’s right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property parking facilities pursuant to this Lease are subject to the following conditions: (including i) Landlord has no obligation to provide a parking attendant and Landlord shall have no liability on account of any loss or damage to any vehicle or the rights granted contents thereof, Tenant hereby agreeing to bear the risk of loss for same; and (ii) if and when so requested by Landlord, Tenant shall furnish Landlord with the license plate numbers of any vehicles of Tenant and its employees and invitees using the parking facilities. Notwithstanding anything to the contrary herein, Landlord shall not be entitled to charge any additional fees for any parking at the Building during the initial Term of this Lease. Relocation of Leased Premises (c) Landlord shall have the right at any time upon one hundred twenty (120) days’ written notice (the “Notice of Relocation”) to relocate the Tenant to use other premises in the roof Building (the “Relocated Premises”) and the following terms and conditions shall be applicable: (i) within thirty (30) days after Tenant’s receipt of a Notice of Relocation, Tenant may terminate this Lease without penalty effective on or before the proposed relocation date by providing Landlord written notice of such early termination and Tenant must vacate the Premises on or before ninety (90) days from the date of the BuildingNotice of Relocation; (ii) prior to commencing the relocation move, Landlord must obtain Tenant’s written consent to the Relocated Premises, such consent not to be unreasonably withheld, wherein a failure to reach agreement on the Relocated Premises, each party being reasonable and other portions of acting in good faith, may result in early termination as provided in paragraph (i) above; (iii) the Property located outside of Relocated Premises shall contain approximately the same as, or greater Rentable Area than, the Leased Premises, pursuant to Section 3.5 hereof).;

Appears in 1 contract

Samples: Lease (Olb Group, Inc.)

Leased Premises. Subject to and upon in accordance with the terms hereinafter set forthprovisions of this Lease, Landlord does Lessor hereby lease leases to Lessee and demise Lessee hereby leases from Lessor space on the Tank for the operation and maintenance of Lessee’s six (6) existing antennas and Lessee's Equipment as described on Exhibit B-1, together with the Equipment Room on the Site for the operation of the Equipment Platform and Base Station, all as shown on Exhibits A, A-1 and B. The portion of the Equipment Room is hereby leased to TenantLessee as depicted on Exhibit B, which, together with the space on the Tower described on Exhibit B-1 shall be referred to collectively as the “Leased Premises.” Lessee has inspected the Leased Premises and accepts the Premises in “as is” and in its present condition, without any representation or warranty by Lessor. Lessee, at its sole cost and expense, shall complete the improvements to the Equipment Room shown on Exhibit B, Sheet E-1. Lessee acknowledges that Lessor’s continued use and operation of the Leased Premises shall continue, and Tenant does hereby lease that Lessee’s rights under this Lease are subject to Lessor’s continuing use and take from Landlord, operation of the Leased PremisesPremises and the Site. The initial Lessee further warrants that it has made such structural analyses of the Leased Premises are described as necessary to satisfy that the Site may be shared by Lessee and all other carriers currently using the Site without adverse impact to Lessor or such other carriers, including that the Site can support the equipment currently on the Site and the equipment owned by the other carriers and Lessor, as well as the equipment that Lessor has approved for the Equipment Room. Lessee further warrants that Lessee’s installation, operation and maintenance of Lessee’s equipment shall not interfere with or be interfered with by the current operation or maintenance of other carriers’, Lessor’s and/or Lessee’s equipment currently on the Site. Lessee acknowledges by entering into this Lease, Lessor has not made, and shall not be deemed to have made, any such analyses or determinations. Lessee shall defend and indemnify and hold harmless, Lessor and its elected and appointed officials, officers, employees and agents from all losses, costs, claims, causes of actions, demands and liabilities arising in Exhibit A hereto connection with the structural capacity of the Tank and in Leased Premises to support the Lease Supplements. Tenant shall be entitled installation of Lessee’s Equipment, Base Station and Equipment Platform, Lessee’s ability to operate and maintain such equipment without interference to or from the following as appurtenances to other carriers’ currently on the Site, and Lessor’s operation or maintenance of such parties’ respective equipment currently on the Site, including the Leased Premises, all at no cost to Tenant, and any other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to matters arising from Lessee's use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant except with respect to the Property pursuant claims due solely to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Lessor's negligence or willful misconduct.

Appears in 1 contract

Samples: arlingtonva.s3.amazonaws.com

Leased Premises. Subject Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park ("University Research Park") in Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. Such tract is herein after referred to as the "Property". Landlord owns the Building referred to in Section 1.01(H ), which is located on the Property, suitable for use as office/research and limited complementary retail space, together with related parking facilities and other improvements necessary to enable the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration for the rent to be paid an d covenants to be performed by Tenant, Landlord hereby leases to Tenant , and Tenant leases from Landlord for the Rental Term and upon the terms hereinafter and conditions herein set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased PremisesPremises described in Section 1.01 (I), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter wall s of the Building to the center of the interior wall s. The initial exterior wall s and roof of the Leased Premises and the areas beneath the Leased Premises are described not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replacepipes, ducts, conduits, and wires leading through the Leased Premises in Exhibit A hereto locations which do not materially and in adversely interfere with Tenant 's use thereof and serving other parts of the Lease SupplementsBuilding or buildings, are hereby reserved to Landlord. Tenant shall Landlord reserves (a) such access rights through the Leased Premises as may be entitled reasonably necessary to enable access by Landlord to the following balance of the Building and reserved areas and elements as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: set forth above; and (ab) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified install or maintain meters on the Lease Supplements Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste up on the Leased Premises and the elevator lobbies, corridors, restrooms, telephone, electric as far as practicable shall not materially and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common adversely interfere with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the Tenant's use and enjoyment of the Leased Premises by and shall minimize annoyance, interference or damage to Tenant for and the purposes permitted by Section 1.5Leased Premises w hen making modifications, including additions or repairs. Subject to the provisions of Article VIII, Tenant and its employees, contractors, customers, agents and invitees have the right of Tenant, its employees and inviteesto the non-exclusive use, in common with Landlord existing tenants of such unreserved automobile parking spaces, driveways, footways, and other personsfacilities designated for common use within the Building, except that with respect to use any non-exclusive easements and/or licenses inareas, about Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in "visitor" or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)restricted parking areas.

Appears in 1 contract

Samples: Lease (Predictive Technology Group, Inc.)

Leased Premises. Subject Landlord hereby leases to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, Tenant and Tenant does hereby lease and take leases from Landlord, Landlord the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Landlord shall use reasonable efforts to ensure Tenant shall be entitled to the following Parties’ (as appurtenances defined below) access to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, Premises and to shall permit Tenant’s employees and invitees Tenant to use the common areas of the Building (iincluding but not limited to the bathrooms, cafeteria, hallways, stairwells, elevators and driveways and parking areas serving the Building) (the “Common Areas”) and all equipment located in the Leased Premises (but not the Common Areas) on an exclusive basisthe Commencement Date (including but not limited to all furniture, fixtures and equipment located therein). Promptly following the dedicated Parking AreasCommencement Date, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants Tenant shall document an inventory of the Propertymoveable furniture, fixtures and their respective employees and invitees), equipment within the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout . Landlord and Tenant agree that the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment rentable square footage of the Leased Premises by Tenant for is 7,210 rentable square feet, comprised of 6,270 rentable square feet of office space located on the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof 1st floor of the Building, Building (the “Office Premises”) and other portions 940 rentable square feet of research & development laboratory space located on the 2nd floor of the Property located outside of Building (the Leased “Lab Premises”). [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, pursuant to Section 3.5 hereof)MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.

Appears in 1 contract

Samples: Long Term Lease Agreement (Viela Bio, Inc.)

Leased Premises. Subject In consideration of the promises and covenants to be paid and upon the terms hereinafter set forthperformed by Tenant, Landlord does hereby lease and demise to Tenant, for the term and Tenant does hereby lease upon the provisions and take from Landlordconditions hereinafter set forth, the premises consisting of approximately two thousand (2,000) square feet on the second floor (“Leased Premises”) of the central office building (“Building”) located at 00000 Xxxxxx Xxxxxxxxx, Eastlake, Ohio 44095 (the “Land”) in the area shown on “Exhibit A” attached hereto. The initial Leased Premises Land and the Building are described in Exhibit A hereto and in hereinafter referred to as the Lease Supplements“Property”. Tenant shall be entitled to the following as appurtenances In addition to the Leased Premises, all at no cost Tenant shall have the use of those certain common areas to Tenantbe designated by the Landlord on the Property; such areas shall include, other than as provided in Section 2.2 or Section 3.1 below: but not be limited to, parking areas, access roads and facilities, interior corridors, sidewalks, driveways and landscaped and open areas (a) collectively, the right to use, “Common Areas”). The use of the Common Areas shall be for the nonexclusive use of Tenant and to permit Tenant’s employees employees, agents, suppliers, customers and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and inviteespatrons, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to tenants of the Property pursuant and all such other persons to this Lease (including whom Landlord has previously granted, or may hereinafter grant, rights of usage; provided that such nonexclusive use shall be expressly subject to such reasonable rules and regulations which may be adopted by the rights granted Landlord from time to time. Tenant shall not be entitled to use the roof Common Areas for storage of goods, vehicles, refuse or any other items. Landlord reserves the Buildingright to alter, modify, enlarge, diminish, reduce or eliminate the Common Areas from time to time in its sole discretion; provided, however, it does not unreasonably and other portions of the Property located outside materially interfere with Tenant’s use and occupancy of the Leased Premises. So long as Tenant complies with the terms, pursuant provisions and conditions of this Lease, Landlord shall maintain and operate, or cause to Section 3.5 hereof)be maintained and operated automobile parking facilities (the “Parking Facilities”) adjacent to or within a reasonable distance from the Building. Landlord shall have the right to relocate such Parking Facilities to another location in Landlord’s reasonable discretion to facilitate development of the Property.

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements Exhibit A and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord Land - Lessor does hereby lease and demise to TenantLessee approximately 36,598 sq. ft of land located on the Airport more particularly described on Exhibit "A" as Leased Premises together with all improvements located thereon, and Tenant does as identified on the "Airport Layout Plan" which is attached hereto as Exhibit B and B1 and incorporated herein, all hereinafter referred to as the "Leased Premises", Lessee hereby lease leases _____ Leased Premises from Lessor subject to the terms, covenants and take from Landlordconditions stated below, and shall have the right and privilege to erect, construct, and maintain (as provided herein) the following improvements on the Leased Premises as described in Exhibit "C" which is attached hereto and incorporated herein by reference. Lessee has inspected the Leasex Xxxxises and accepts it in its present (as-is) condition unless expressly noted otherwise in this Lease. Neither Lessor nor any agent has made any express or implied warranties as to the condition of the Leased Premises. The initial Lessee must satisfy itself that the Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall is physically suitable to be entitled used as Lessee intends by independently investigating all such matters related to the following as appurtenances to use of the Leased Premises. Lessee agrees that it is not rxxxxxx on any warranty or representation made by Lessor, all at no cost to Tenant, other than as provided in Section 2.2 Lessor's agent or Section 3.1 below: (a) any broker cxxxxxxing the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment suitability of the Leased Premises by Tenant for the purposes permitted by Section 1.5Lessee's use, including the right of Tenantexcept that such Premises may be used as an aircraft hangar, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnelsoffices, and skywalks connected to the Property; and (c) all for any other rights and benefits provided to Tenant with respect to the Property pursuant to uses permitted in this Lease. International Tactical Training Center Fuel Farm Ground Lease (including the rights granted to Tenant to use the roof of the BuildingMay 5, and other portions of the Property located outside 2006 Lessor shall deliver possession of the Leased Premises, pursuant Premises to Section 3.5 Lessee as of the Effective Date hereof). Lessee shall be responsible for maintenance and insurance of the Leased Premises upon delivery of possession to Lessee.

Appears in 1 contract

Samples: Sub Lease Agreement (Tactical Air Defense Services, Inc.)

Leased Premises. Subject to Landlord demises and upon the terms hereinafter set forth, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases and take takes from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto together with the right to use for ingress to and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to egress from the Leased Premises, all at no cost in common with others, the Common Areas. Landlord has the exclusive right, subject to Tenant, other than as provided any express limitation set forth in Section 2.2 or Section 3.1 below: (a) the right 4.04 and Article XIX hereof, to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basisuse the exterior faces of all perimeter walls of the Building, the dedicated Parking Areas, if any, identified on roof and all air space above the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant Building and (ii) on install, maintain, use, repair and replace pipes, ducts, cables, conduits, plumbing, vents, utility lines and wires to, in, through, above and below the Leased Premises and other parts of the Building. Tenant, or a non-exclusive basis registered architect selected by Tenant, shall have the right to access, review and remeasure the Leased Premises prior to the Term Commencement Date. Tenant shall deliver such calculation to Landlord. If the rentable area for the Leased Premises determined by Tenant's architect differs by two percent (in common with 2%) or less (higher or lower) from Landlord's figure, then Landlord's figure shall be controlling. If the rentable area figure determined by Tenant's architect differs by more than two (2%) (higher or lower) from Landlord's figure, then Landlord and other tenants or occupants Tenant shall endeavor to resolve such discrepancy. If Landlord and Tenant are not able to resolve such discrepancy, then Landlord and Tenant shall jointly appoint an independent architect to resolve such discrepancy and the determination of such independent architect shall be binding on both Landlord and Tenant. During any such dispute Tenant shall pay Minimum Rent to Landlord based on Landlord's determination. The cost of any such independent architect shall be shared equally by Landlord and Tenant. If the Propertysquare footage is adjusted pursuant to this Article II, and their respective employees and invitees)then the Minimum Rent, Tenant's Operating Costs Share, Tenant's Tax Share, the balance of Tenant Work Allowance (as defined in the Parking Areas Work Agreement attached hereto as Exhibit B) and all any other amounts or terms in this Lease which are based upon the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment square footage of the Leased Premises by shall be retroactively adjusted to reflect such square footage as of the Term Commencement Date. If Tenant for the purposes permitted by Section 1.5, including the right makes any payment of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant Minimum Rent prior to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof final determination of the Building, and other portions rentable square feet of the Property located outside space of the Leased Premises, pursuant and the amount of Minimum Rent payable for such period exceeds the amount previously paid by Tenant, Tenant shall pay the amount of such excess to Section 3.5 hereof)Landlord within thirty (30) days of written demand thereof from Landlord. If the amount of Minimum Rent payable for such period is less than the amount theretofore paid by Tenant, Landlord shall credit the same to the next payment of Minimum Rent due hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. Subject In consideration for the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases from Landlord for the Rental Term and take from Landlordupon the terms and conditions herein set forth, the premises described in Section 1.01(I) (hereinafter referred to as the “Leased Premises”), located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The initial legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath said Leased Premises are described not demised hereunder and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in Exhibit A hereto locations which will not materially interfere with Tenant’s use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary to enable access by Landlord to the balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Leased Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 27.11, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Lease SupplementsBuilding, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “visitor” or other restricted parking areas. Tenant shall be entitled to the following as appurtenances to use of covered parking spaces in accordance with the Leased Premises, all at no cost to Tenant, other than as provided in provisions of Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof1.01(S).

Appears in 1 contract

Samples: Lease (Lifevantage Corp)

Leased Premises. Subject Leased Premises The Landlord does demise and lease to the Tenant the premises (the “Leased Premises”) located in a building (the “Building”) having a municipal address of 0000 X. Xxxxxxxxx Road, Suite 300 East in the Village of Schaumburg and upon known as Schaumburg Corporate Center (the terms hereinafter Leased Premises, the Building, together with the lands described in Schedule “A” attached hereto and present and future improvements, additions and changes thereto being herein called the “Property”). The Leased Premises are located on third Floor East and third Floor South and the approximate location is outlined in heavy black and cross hatched on the plan or plans marked Schedule(s) “B1” attached hereto. The parties agree that the Rentable Area of the Leased Premises is 45,407 square feet. Notwithstanding the foregoing, Tenant shall be entitled to cause the Leased Premises to be re-measured, with such re-measurement being performed by a licensed architect in accordance with the provisions of Schedule “B” attached hereto no later than 10 days after the date this Lease has been signed and delivered by the parties. In the event that the Leased Premises contains other than the stated square feet, Basic Rent, Tenant’s Proportionate Share and any other provisions of this Lease which are based on the size of the Leased Premises shall be ratably modified. If Landlord disagrees with Tenant’s re-measurement, Landlord’s and Tenant’s architects shall together select a third architect at their joint expense who shall determine the size of the Leased Premises. Tenant has certain rights of expansion as more particularly set forthforth in Schedules “L-1” and “L-2”. In addition to those rights, Landlord does hereby lease and demise will use commercially reasonable efforts to accommodate Tenant, and Tenant does hereby lease and take from Landlord, ’s future expansion needs on all space that is contiguous with the Leased Premises. The initial Leased Premises are described immediately preceding sentence only obligates Landlord to act in Exhibit A hereto a commercially reasonable manner and in good faith in dealing with Tenant at such time as Tenant may subsequently request additional space from Landlord, and it does not obligate Landlord to any particular terms and conditions regarding such expansion needs or to apprise Tenant of the Lease Supplementsstatus of contiguous space, unless Tenant requests information regarding the status of contiguous space, in which case Landlord shall make commercially reasonable and good faith efforts to respond to such request. Landlord represents to Tenant shall be entitled that to the following as appurtenances to the Leased Premisesbest of Landlord’s knowledge, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof fourth Floor East and third Floor South of the Building, all rights of current tenants to expand, other option rights and other portions rights of first refusal or first offer, as of the Property located outside date hereof, are accurately and fully set forth in Schedule “M-2”. Notwithstanding the foregoing, Landlord shall not be liable to Tenant in the event that Landlord inadvertently fails to include on Schedule “M-2” all of the Leased Premises, pursuant rights described in the preceding sentence provided that Landlord made good faith and diligent efforts to Section 3.5 hereof)identify all of such rights on Schedule “M-2”.

Appears in 1 contract

Samples: Agreement (American Pharmaceutical Partners Inc /De/)

Leased Premises. Subject That portion of the Building indicated in red on Exhibit B, on the floor(s) indicated thereon, together with a common area percentage factor determined by Landlord, resulting in an aggregate of approximately 1,159 net rentable square feet. The Leased Premises also include, but are not limited to, the back-up electrical power equipment located in the common area parking lot which is contiguous to building. Premises shall include the Utility Installation Space which shall mean the certain utilities and upon installation space located in and through portions of the terms Building, other than and in addition to the 1,159 square feet of space of the Building, necessary for the installation, construction, connection, use and maintenance by Tenant and its officers, employees, and agents (including without limitation a local telephone company) of Tenant's Equipment (as hereinafter set forthdefined) and such additional telephone cables, Landlord does hereby lease conduits and demise other facilities and/or equipment as Tenant may reasonably determine to be appropriate for the operation of Tenant's business at and from the Premises between and among Landlord, Tenant, and Tenant does hereby other tenants of Building. Any damage done to the building, including but not limited to the lease and take from Landlordspace, by any contractor working for the Leased Premisestenant shall be fully repaired at LESSEE'S sole expense. The initial Leased Premises are described in Exhibit A hereto location and configuration of Tenant's Equipment in the Lease Supplements. Tenant Utilities Installation Space shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to designated by Tenant, other than as provided in Section 2.2 subject to Landlord's consent which shall not be unreasonably withheld or Section 3.1 below: delayed. "Tenant's Equipment" shall mean all electronic computerized equipment and components necessary or appropriate for the operation of Tenant's business, including without limitation, (a) the right to useall cable, telephone switching equipment, environmental control equipment, power equipment, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, auxiliary equipment within the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings)Utility Installation Space; and (b) all rights cables within conduits throughout the entire Premises. Tenant shall procure and benefits appurtenant to, or necessary or incidental to, the use install all such Tenant's Equipment at its sole cost and enjoyment expense without obtaining consent of the Leased Premises by Landlord therefor. Landlord hereby acknowledges that all of Tenant's Equipment shall, notwithstanding the incorporation of any of the same into the Premises, at all times remain the property of the Tenant. Tenant hereby acknowledges that Landlord is not liable in any way for the purposes permitted by Section 1.5, including the right installation and/or operation and/or maintenance of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)equipment.

Appears in 1 contract

Samples: Office Lease (Access Integrated Technologies Inc)

Leased Premises. Subject LESSOR hereby leases to TENANT and upon the terms hereinafter set forthTENANT hereby leases from LESSOR Office Suites #206, Landlord does hereby lease and demise to Tenant207, and Tenant does 208 in the CITY OF ARLINGTON AIRPORT TERMINAL BUILDING (herein called the "Building"), located at 0000 Xxxxx Xxxxxxx Xxxxxx in Arlington, Tarrant County, Texas. The space hereby lease and take from Landlord, leased in the Building is hereinafter called the "Leased Premises" and is outlined on the floor plan drawings attached hereto as Exhibit "A" and made a part hereof for all purposes. The initial Leased Premises are described in Exhibit A hereto to be used and in occupied by the Lease SupplementsTENANT solely for the purposes of corporate aviation and ancillary business office activities. Tenant The Leased Premises as used herein, shall mean that area occupied or to be entitled occupied by the TENANT, measured from the inside surface of the outer glass or finished column walls of the building to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: midpoint of (a) the right walls separating areas leased by or held for lease to useother TENANTS, (b) the walls of Common Areas, hereinafter defined, and to permit Tenant’s employees and invitees to use (ic) on an exclusive basis, the dedicated Parking walls of Service Areas, if anyherein defined. The term “Common Areas,” as used herein, identified on shall mean the Lease Supplements and the elevator lobbiesBuilding entries, corridors, lobbies, restrooms, telephonejanitor closets, electric vending rooms, telephone rooms, mechanical rooms, electrical rooms, elevator rooms and all other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants areas of the PropertyBuilding of any nature not for the exclusive use of any particular TENANT. The term "Service Areas," as used herein, shall mean the Building stairs, elevator shafts, fire towers, flues, vents, stacks, pipe shafts and their respective employees and invitees), vertical ducts. No deductions from area calculations shall be made for the balance columns or other projections or structural portions necessary to the building. The Net Rentable Area in the Leased Premises has been calculated on the basis of the Parking Areas foregoing definition and is hereby stipulated for all purposes to be approximately 1,117 square feet, whether the other Common Areas (excluding Floor Common Areas, systems same should be more or less as a result of minor variations resulting from actual construction and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment completion of the Leased Premises by Tenant for occupancy so long as such work is done in accordance with the purposes permitted by Section 1.5, including the right of Tenant, its employees terms and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 provisions hereof).

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Subject Landlord, in consideration of the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease rents and take hires from Landlord, for the Term herein set forth, the Leased Premises which are described as set forth in the Data Sheet attached hereto, in the Shopping Center. Landlord does not warrant or represent that the Shopping Center is or will be constructed exactly as shown on the Site Plan. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on, the building in which the Leased Premises are to be located, and to build adjoining the same, to construct other buildings and improvements of any type in the Shopping Center or the Common Areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Shopping Center, and to make alterations therein or additions thereto, to build additional stories on any building or buildings within the Shopping Center, and to build adjoining thereto, to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Shopping Center, and to change the size, location, elevation and nature of any of the stores in the Shopping Center or of the Common Areas, or any part thereof; provided that in no event shall Landlord do anything hereunder which will materially adversely affect Tenant's use of the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and In the event Landlord elects to enlarge the Shopping Center, or any part thereof, any additional area may be included by Landlord in the Lease Supplementsdefinition of the Shopping Center for purposes of this Lease. Tenant Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas, and the floor areas of the Shopping Center shall be entitled to accordingly adjusted. For purposes of determining the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basisGLA Fraction, the dedicated Parking Areas, if any, identified on the term "Shopping Center" shall exclude buildings not owned by Landlord. This Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions and easements affecting the purposes permitted by Section 1.5Shopping Center, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Propertyterms and provisions of certain reciprocal easement and operating agreements now or hereafter entered into by Landlord. Landlord represents that no encumbrances, including covenants, restrictions or easements affecting the non-exclusive right to Shopping Center prevent or prohibit the use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased PremisesPremises for the Permitted Use. Notwithstanding any other provision of this Lease, pursuant the Storage Space shall be utilized solely for storage purposes, and for no other purpose whatsoever (such prohibited uses to Section 3.5 hereofinclude food preparation, food refrigeration and freezing, customer seating, customer waiting, merchandise sales, memorabilia display, employee changing or break area, or any other use that is not exclusively limited to storage).

Appears in 1 contract

Samples: Center Lease (Big Buck Brewery & Steakhouse Inc)

Leased Premises. Subject Landlord hereby leases to Tenant and upon Tenant hereby leases from Landlord, on the terms and provisions and subject to the conditions hereinafter set forthforth in this Lease, Xxxxx 000, 0000 Xxxxxxxx Xxxx Xxxx., Xxxxxxx, Xxxxxxxxx 00000, as shown on the attached floor plan (Exhibit A), consisting of approximately 10,137 square feet on the 5th floor of the Building, (the “Leased Premises”). The building in which the Leased Premises are located (the "Building") contains approximately 113,500 square feet and is located on the property described in Exhibit B. The Building and the property on which it is located are referred to herein as "Landlord's Property". Tenant shall also have a non-exclusive right, subject to the provisions hereof, to use all appurtenances to the Leased Premises designated by Landlord from time to time for use in common by other tenants of the Building in accordance with the provisions of Article V, subject to the rights of Landlord under Section 5.01. Landlord has determined the rentable area of the Building and the Leased Premises substantially in accordance with ANSI/BOMA 1996 “Standard Method for Measuring Floor area in Office Buildings” (the “BOMA Standards”). Landlord agrees to cap the BOMA load factor at 12%. If at any time Landlord determines, substantially in accordance with BOMA Standards, that the rentable area of the Leased Premises or Building differs from the rentable area specified in this section, Landlord does hereby lease and demise Tenant will amend this Lease accordingly; provided, however, that any such amendment will operate prospectively only. Landlord and Tenant will not make any retroactive adjustments to TenantBase Rent or any other payments on account of any difference between the rentable area of the Leased Premises or Building specified in this section and the rentable area of the Leased Premises or Building as may be determined after the date of this Lease. Tenant shall have the right to access and use the communications/electrical room shown on Exhibit A (the “Communications Room”) located on the 5th Floor of the Building to serve the Leased Premises, including but not limited to the right install, maintain, and repair electrical, computer and telephone equipment in the Communications Room and any wiring or cabling related thereto. Tenant does hereby lease shall have the right to use the existing fiber optic cabling and take service, if any, and the right to bring in its own fiber optic service for exclusive use in the Leased Premises. If another tenant occupies space on the 5th Floor of the Building, Tenant's access shall be limited to a portion (not less than half) of the Communications Room designated by the Landlord, to be divided from Landlordthe remainder of the Communications Room by a wall constructed by Landlord at Tenant's expense and, when Tenant's access is so limited, the square footage of the Leased Premises shall be reduced by the square footage of the Communications Room assigned to other tenants and the Base Rent adjusted accordingly. At all times during the Term of the Lease, Landlord shall provide Tenant with access to the Building, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use the Communications Room twenty-four (i24) on an exclusive basishours a day, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and seven (ii7) on days a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)week.

Appears in 1 contract

Samples: Lease Agreement (Exact Sciences Corp)

Leased Premises. Subject Landlord, in consideration of the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby demise and lease and demise to unto Tenant, and Tenant does hereby lease and take rents from Landlord, those certain premises in the retail development commonly known as Market Square Shopping Center (hereinafter referred to as "Shopping Center"), and having 2,293 square feet of floor area. Said development is shown on the site plan marked Exhibit "A" attached hereto and made a part hereof, such "Leased Premises" being cross-hatched thereon and known as Suite Number 262. The initial Leased Premises are legal description of the Shopping Center is more particularly described in on Exhibit A "B" attached hereto and in the Lease Supplementsmade a part hereof. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, The exterior walls and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment roof of the Leased Premises by Tenant for and the purposes permitted by Section 1.5, including area beneath or above said premises are not demised hereunder and the use thereof together with the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires and structural elements leading through the Leased Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the Shopping Cerrter are hereby reserved unto landlord. Tenant hereby agrees that it is leasing the premises in their as-is condition. Tenant, at its employees sole cost and inviteesexpense, shall be responsible to complete any and all improvements or modifications necessary in common with Landlord and other persons, order to use any non-exclusive easements and/or licenses in, about or appurtenant to make the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)premises ready for Tenants occupancy.

Appears in 1 contract

Samples: Lease (International Solubles Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises demised hereunder are described in Exhibit A hereto and in the Lease Supplementshereto. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost : the right to Tenant, other than as provided in Section 2.2 or Section 3.1 below: use (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any(b) for Tenant's non-exclusive use, identified on the Lease Supplements and roof of the elevator lobbiesBuilding in accordance with Section 3.5 hereof, corridors(c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on Tenant; provided that if such facilities also serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive basis (and in common with Landlord and other tenants or occupants of the Property, floors also serviced by such facilities and their respective employees (d) in common with Landlord and invitees), the balance other tenants or occupants of the Parking Areas Projects, their invitees and guests and others as designated by Landlord from time to time, all areas, facilities and systems, including risers, telephone, electric and other utility closets in the Buildings and other portions of the Projects available from time to time for the common use of tenants in the Buildings (all such areas, facilities and systems, together with all areas, facilities and systems denominated as "Building Common Areas (excluding Areas" and "Floor Common Areas" in the Measurement Standard, systems the "Common Areas") and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.51.5 hereof including, including but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the PropertyProjects, including but not limited to the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Projects.

Appears in 1 contract

Samples: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. Subject Landlord hereby demises and leases to Tenant and upon Tenant hereby leases from Landlord, on the terms hereinafter and conditions herein set forth, Landlord does hereby lease that portion of the Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and demise 9 on the building plans maintained by the Landlord. The leased space is sometimes referred to Tenantherein as the "Premises", and Tenant does hereby lease and take from Landlord, its location is shown on the Leased Premisesattached Exhibit "A". The initial Leased Premises are described leased with bare, exterior walls insulated but not covered with drywall, and with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Exhibit A hereto Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of Tenant to construct and install. The building and the leased premises, when completed, will be in compliance with all applicable building, safety and fire codes and with the Lease SupplementsAmericans with Disabilities Act. It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said construction will be between $15,000-$18,000. It is further understood appropriate documentation will be provided to substantiate the final cost. All interior finish improvements to the Premises shall be obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to the commencement of any work at the Premises. Tenant shall be entitled responsible for completing these interior finishes and improvements to the following as appurtenances Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the Leased commencement of any improvements to finish the interior of the Premises, all at no cost to Tenant, other than as provided Tenant and any contractor working in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and Premises shall execute a Stipulation Against Liens to be recorded in the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants Office of the PropertyClerk of Courts, and their respective employees and invitees)Lehigh County, the balance of the Parking Areas and all the other Common Areas (excluding Floor Common AreasPennsylvania, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of at Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)'s expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. Subject LESSOR hereby leases to TENANT and upon TENANT hereby leases from LESSOR Office Suite Wildcat Aviation, LLC, in the terms located CITY OF ARLINGTON AIRPORT TERMINAL BUILDING (herein called the “Building”), 0000 Xxxxx Xxxxxxx Xxxxxx in Arlington, Tarrant County, Texas. The space hereby leased in the Building is hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, called the Leased Premises” and is outlined on the floor plan drawings attached hereto as Exhibit “A” and made a part hereof for all purposes. The initial Leased Premises are described in Exhibit A hereto to be used and in occupied by the Lease SupplementsTENANT solely for the purposes of corporate aviation and ancillary business office activities. Tenant The Leased Premises as used herein, shall mean that area occupied or to be entitled occupied by the TENANT, measured from the inside surface of the outer glass or finished column walls of the building to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: midpoint of (a) the right walls separating areas leased by or held for lease to useother TENANTS, (b) the walls of Common Areas, hereinafter defined, and to permit Tenant’s employees and invitees to use (ic) on an exclusive basis, the dedicated Parking walls of Service Areas, if anyherein defined. The term “Common Areas,” as used herein, identified on shall mean the Lease Supplements and the elevator Building entries, Building corridors, lobbies, corridors, restrooms, telephonejanitor closets, electric vending rooms, telephone rooms, mechanical rooms, electrical rooms, elevator rooms and all other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants areas of the PropertyBuilding of any nature not for the exclusive use of any particular TENANT. The term “Service Areas,” as used herein, shall mean the Building stairs, elevator shafts, fire towers, flues, vents, stacks, pipe shafts and their respective employees and invitees), vertical ducts. No deductions from area calculations shall be made for the balance columns or other projections or structural portions necessary to the building. The Net Rentable Area in the Leased Premises has been calculated on the basis of the Parking Areas foregoing definition and is hereby stipulated for all purposes to be approximately 1,196 square feet, whether the other Common Areas (excluding Floor Common Areas, systems same should be more or less as a result of minor variations resulting from actual construction and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment completion of the Leased Premises by Tenant for occupancy so long as such work is done in accordance with the purposes permitted by Section 1.5, including the right of Tenant, its employees terms and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 provisions hereof).

Appears in 1 contract

Samples: Lease Agreement

Leased Premises. Subject Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit “B” attached hereto, together with certain easement for access rights. (Such tract is hereinafter referred to as the “Property”). Landlord owns the Building on the Property referred to in Section 1.01(H) suitable for use as office, research and upon limited complementary retail space, together with related parking facilities and other improvements necessary to enable the terms Building to be so used (the Building and related facilities and improvements are hereinafter set forthcollectively referred to as the “Improvements”). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease leases from Landlord for the Rental Term and take from Landlordupon the terms and conditions herein set forth, the Leased PremisesPremises described in Section 1.01(I), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. The initial exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are described not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in Exhibit A hereto locations which do not materially and in adversely interfere with Tenant’s use thereof and serving other parts of the Lease SupplementsBuilding or buildings are hereby reserved to Landlord. Tenant shall Landlord reserves (a) such access rights through the Leased Premises as may be entitled reasonably necessary to enable access by Landlord to the following balance of the Building and reserved areas and elements as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: set forth above; and (ab) the right to useinstall or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall use reasonable efforts so as to not commit waste upon the Leased Premises and to permit as far as practicable shall not materially and adversely interfere with Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by and shall minimize annoyance, interference or damage to Tenant for and the purposes permitted by Leased Premises when making modifications, additions or repairs. Subject to the provisions of Article VIII and Section 1.527.11, including Tenant and its employees, contractors, customers, agents and invitees have the right of Tenant, its employees and inviteesto the non-exclusive use, in common with Landlord existing tenants of such unreserved automobile parking spaces, driveways, footways, and other personsfacilities designated for common use within the Building, except that with respect to use any non-exclusive easements and/or licenses inareas, about or appurtenant Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the Property, including the non-exclusive right to designate, in its sole business judgment, certain spaces as “visitor” parking spaces and Tenant shall use any walkways, tunnels, and skywalks connected its best efforts to the Property; and (c) all other rights and benefits provided cause its employees not to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)park in such visitor parking.

Appears in 1 contract

Samples: Lease (Majesco Entertainment Co)

AutoNDA by SimpleDocs

Leased Premises. Subject (a) Landlord, in consideration of the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise to Tenant, and Tenant hereby rents and hires from Landlord for the term herein set forth, the Leased Premises which area is described as set forth in the Data Sheet attached hereto, in the retail development designated as - or by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). The term "State" as used herein shall mean the State of For all purposes in this Lease, a "Major Tenant" is any occupant of more than twenty thousand (20.000) square feet of floor area in the Retail Development. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. Exhibit "A", page 1, sets forth the general layout of the Retail Development. Landlord does hereby not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Leased Premises are located and to build adjoining the same, to construct other buildings and improvements of any type in the Retail Development or the common areas, or any part thereof, including the right to locate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to make alterations therein or additions thereto, to build adjoining thereto. to construct decks or elevated parking facilities and free standing buildings within the parking lot areas of the Retail Development, and to change the size, location, elevation and nature of any of the stores in the Retail Development or the common areas, or any part thereof. In the event Landlord elects to enlarge the Retail Development, or any part thereof; any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attachment hereto and take made a part hereof as Exhibit "A", page 2. This Lease of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the terms and provisions of certain master declarations, reciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, Tenant shall enjoy a non-exclusive easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee. sublessee. concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants and occupants of floor area with the Shopping Center and their respective customers, employees and invitees. Furthermore, Landlord agrees that any additions, alterations or modifications to the Shopping Center by Landlord' shall not adversely affect access to, or visibility of the Leased Premises and, except as otherwise provided for herein, Tenant shall retain substantially the same relative position with respect to Major Tenants of the Shopping Center as of the Commencement Date. After the Delivery of Possession Date, Landlord reserves the right to relocate Tenant (ii) no more than once every five (5) year period of the term, or (ii) if required by the construction for a Major Tenant or redevelopment of the Shopping Center. Such change in location will be upon not less than ninety (901 days prior written notice from LandlordLandlord to Tenant (the "Relocation Period"). During such Relocation Period, Landlord shall offer to Tenant such alternative location (of approximately the same floor area) which will be limited to the area outlined and marked "Relocation Zone" on Exhibit "A", page 3, as may be available. In the event the parties agree on a specific location, then this Lease shall be amended by substituting the new location for the present location and the square footage and Minimum Rent shall be proportionately adjusted based upon the change in the size of the Leased Premises. The initial Landlord shall, at Landlord's cost and expense, complete the leasehold improvements to the Leased Premises are described in Exhibit A hereto and accordance with the working drawings originally approved by Landlord with respect to Tenant's Work in the Lease Supplements. original Leased Premises and Tenant shall be entitled relocate to the new location and, within fifteen (15) days after delivery of the new premises, open for business in the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of said 90-day period. In the event of such termination, Landlord shall pay to Tenant within thirty (30) days following as appurtenances to the date that Tenant shall have vacated the Leased Premises, all at no cost a sum equal to the then unamortized costs of Tenant's leasehold improvements which have been paid for by Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right such amortization to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) be on a non-exclusive straight line basis (in common with Landlord and other tenants or occupants over the original stated term of the PropertyLease, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment provided Tenant shall furnish to Landlord such backup information as Landlord may reasonably require. Tenant shall deliver possession of the Leased Premises by Tenant for to Landlord on or before the purposes permitted by Section 1.5termination and/or relocation date in "as is" condition, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant subject to the Property, including the non-exclusive right to use any walkways, tunnelsprovisions of Sections 3.5 and 17.1 hereof, and skywalks connected subject to the Property; all charges which are due and owing or which shall accrue up to such date (cwhich charges shall be paid to Landlord within thirty (30) days of such date) and Tenant shall be released from any and all other rights and benefits provided further obligations pursuant to Tenant this Lease accruing after such date with respect to the Property pursuant to vacated premises; however, in the event of relocation, Tenant shall remain liable for all obligations accruing under this Lease (including after the rights granted to Tenant to use the roof date of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)such relocation.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. Subject Landlord is an Affiliate (as hereafter defined) of Inland American Lodging Woodlands Limited Partnership, an Illinois limited partnership (the “Owner”). Owner owns the Building and has leased the Building to Landlord pursuant to that certain Lease Agreement of even date herewith (the “TRS Lease”). The Landlord is also, with respect to the Management of the Building, party to a Management Agreement with Marriott Hotels Services, Inc. (“Manager”). Landlord hereby leases to Tenant and upon Tenant hereby leases from Landlord for the rental and on the terms hereinafter and conditions herein set forthforth certain space designated herein as Suite 1401 and containing approximately 840 square feet as reflected on Exhibit A attached hereto and made a part hereof by reference (the “Premises”), Landlord does hereby lease and demise to Tenanton the fourteenth floor of the building located at 0000 Xxxx Xxxxxx Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, and known as The Woodlands Waterway Marriott Hotel and Convention Center (the “Building”). Landlord grants Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of right to use the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout during the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and inviteesTerm, in common with Landlord others and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant subject to the Propertyprovisions of this Lease. “Common Areas” are, including and shall be limited to, all present and future areas, facilities and equipment in the Building designated for the common use of the occupants, guests and invitees of the Building, including, without limitation, parking facilities (subject to payment as hereafter provided), walkways, driveways, lobbies, landscaped areas, loading areas, public corridors, public restrooms, stairs and elevators. Subject to the payment of applicable fees and charges from time to time in effect for visitor parking in the parking facilities serving the Building, Tenant and Tenant’s agents, employees, licensees and invitees shall have the non-exclusive right to use any walkwaysthe parking facilities serving the Building (which shall not exceed the standard rates charged to hotel guests and users of meeting an conference facilities in the Building), tunnels, in common with the hotel guests and skywalks connected to the Property; users of meeting and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of conference facilities in the Building, and other portions Tenant’s invitees shall be permitted to utilize the visitor parking spaces within such parking facilities. In addition to the foregoing and provided no event of default exists, and subject to payment by Tenant of applicable charges from time to time established by Landlord for parking permits, Landlord agrees to make available to Tenant five (5) parking permits, each for the Property located outside of non-exclusive use by a single automobile 24 hours a day and 7 days a week in the Leased Premisesso-called “East Garage”, pursuant which is immediately adjacent to Section 3.5 hereof)the Building.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Leased Premises. Subject to the terms, covenants and upon the terms hereinafter set forthconditions of this Lease, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease and take from Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including have the non-exclusive right to use any walkwaysuse, tunnelstogether with other tenants in the Facility, the lobbies, corridors, elevators, stairways and other public areas of the Facility and the Property (collectively, the "Common Areas"), and skywalks connected the non-exclusive right of access to and from the Premises by the main entrances to the Facility and the Property; . In the event Tenant uses or occupies space outside the Premises without the prior written consent of Landlord (the "Encroachment Area"), then upon written notice from Landlord ("Notice to Vacate"), Tenant shall immediately vacate such Encroachment Area and pay as additional rent for each day Tenant used, occupied, uses or occupies such Encroachment Area, an amount equal to the rentable square footage of the Encroachment Area, multiplied by the higher of the (ca) highest rental rate then approved by Landlord's Board of Directors for the Premises or the Facility, or (b) then current fair market rent for such Encroachment Area, as reasonably determined by Landlord (the "Encroachment Area Charge"). If Tenant uses or occupies such Encroachment Area for a fractional month, then the Encroachment Area Charge for such period shall be prorated based on a thirty (30) day month. In no event shall acceptance by Landlord of the Encroachment Area Charge be deemed a consent by Landlord to the use or occupancy of the Encroachment Area by Tenant or a waiver (or be deemed as waiver) by Landlord of any and all other rights and benefits provided to Tenant with respect to the Property pursuant to remedies of Landlord under this Lease (including Tenant's obligation to indemnify, defend and hold Landlord harmless as set forth in the last paragraph of this Section 2.1), at law or in equity. In addition to the foregoing amount, Tenant shall pay to Landlord, as additional rent, an amount equaling Two Hundred Dollars ($200.00) upon delivery of the initial Notice to Vacate plus the actual cost associated with a survey of the Encroachment Area. In the event Landlord determines during subsequent inspection(s) that Tenant has failed to vacate the Encroachment Area, then Tenant shall pay to Landlord, as additional rent, an amount equaling Three Hundred Dollars ($300.00) for each additional Notice to Vacate, if applicable, delivered by Landlord to Tenant following each inspection. The parties agree that the charges associated with each inspection of the Encroachment Area, delivery of each Notice to Vacate and survey of the Encroachment Area represent a fair and reasonable estimate of the administrative cost and expense which Landlord will incur by reason of Landlord's inspection of the Premises, issuance of each Notice to Vacate and survey of the Encroachment Area. Tenant's failure to comply with the applicable Notice to Vacate and Landlord's right to impose the foregoing charges shall be in addition to and not in lieu of any and all other rights and remedies of Landlord under this Lease, at law or in equity. The amounts set forth in this Section 2.1 shall be due within three (3) business days following the applicable Notice to Vacate and/or separate invoice relating to the actual cost associated with a survey of the Encroachment Area. In addition to the rights granted to Tenant to use and remedies of Landlord as set forth in the roof immediately foregoing two paragraphs of this Section 2.1, the terms and conditions of the Buildingindemnity and exculpation provision set forth in Section 15 below shall also apply to Tenant's use and occupancy of the Encroachment Area as if the Premises originally included the Encroachment Area, and other portions Tenant shall additionally indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Encroachment Area including, without limitation, any loss or liability resulting from any claims against Landlord made by any tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Property located outside Encroachment Area to any such tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs. By placing their initials below, each party specifically confirms the accuracy of the Leased Premises, pursuant to statements made in this Section 3.5 hereof).2.1 and the reasonableness of the amount of the charges described in this Section 2.1. Initials: Landlord Tenant

Appears in 1 contract

Samples: Lease

Leased Premises. Subject to 1.1 The leased premises shall consist of 42,000 rentable square feet of * * * space, located on the first floor of the Building and upon 20,000 rentable square feet of space on the terms hereinafter set forthsecond floor of the Building, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlordalong with a minimum of 10,000 rentable square feet of basement space (collectively, the "Initial Premises"), together with an additional 20,000 rentable square feet of space on the first floor of the Building (the “Additional Premises”, together with the “Initial Premises”, the “Leased Premises. ”), identified and shown on the floor plans attached hereto as Exhibit B. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled is measured from outside of exterior walls to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 outside of exterior walls or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areascenterline of demising walls, if any, identified and shall include all fixtures and equipment that currently exist or are to be installed in and attached to the Leased Premises by the Landlord or the Tenant for the use of the Tenant. Tenant shall also have the exclusive use to all parking spaces on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees)as shown on the attached Exhibit A, the balance exclusive use to all areas of the Parking Areas Property on which equipment servicing the Leased Premises are currently or hereafter located, and the nonexclusive to use all of the other common areas within the Property. Landlord reserves the right to lease to another entity the remaining 50% of the basement provided that Landlord, at its sole cost and expense, provides a separate, secure access to the Tenant’s portion of the basement and a dividing wall between the Leased Premises and remainder of the basement. If Tenant at any time during the Term occupies sixty-seven (67%) percent of the basement, it shall be required to pay rent for the entire basement. Tenant shall also have the right to use all common areas (“Common Areas”) defined as those areas and facilities of the Office Park which are available for the use of tenants within the buildings in the Office Park, including parking areas, pedestrian walkways, sidewalks and landscaped areas within the Office Park. Tenant may use all Common Areas (excluding Floor only for their intended purposes. Landlord shall have exclusive control of all Common AreasAreas at all times and may make such changes to the Common Areas as Landlord deems appropriate, systems provided that Landlord shall provide advance notice to the Tenant of any planned changes and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights shall use commercially reasonable efforts to minimize disruption of Tenant’s access to and benefits appurtenant to, or necessary or incidental to, the use and enjoyment occupancy of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect material changes to the Property shall not be made without Tenant’s prior, written consent. Pursuant to 17 CFR 230.406, confidential information has been omitted in places marked “* * *” and has been filed separately with the Securities and Exchange Commission pursuant to this Lease (including a Confidential Treatment Request with the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Commission.

Appears in 1 contract

Samples: Lease Agreement (Rocket Pharmaceuticals, Inc.)

Leased Premises. Subject The Leased Premises consists of approximately six (6) acres on the west side of the former Melt Shop building along with a connection to the existing Substation as depicted on Exhibit A. Tenant will not use or in any way disturb or enter the area of the former melt shop or other buildings on the Property that is all retained for use by Landlord. Landlord will retain exclusive use and upon control of the terms hereinafter entirety of the Property not encompassing the Leased Premises (subject to any maintenance and repair obligations Tenant may have hereunder relating to the Substation or Leased Premises) and shall be given access to the retained area to fulfill its obligations to maintain the Substation as set forthforth herein. Tenant will install, Landlord does hereby lease at its cost, Modular Data Centers (MDC), [an office trailer and demise trailer toilet facilities] as needed for its use and to Tenant, and Tenant does hereby lease and take from Landlord, conduct its business on the Leased Premises. No water or sewer service to the Premises shall be provided by Landlord and if Tenant requires water and/or sewer, it will arrange for its own supplies. Tenant shall lease 50 MW/year of power capacity from the Substation with Tenant’s supplied transformer to transform from 1105 v to Delivered Voltage at 480v. Tenant shall have the right to connect to the Substation to add additional delivered power up to 100 MW at Tenant’s sole cost and expense. Tenant shall contract for internet service in its own name and shall be solely responsible for paying for such service to the applicable internet service provider, provided that such internet service procured by Tenant shall not interfere with the inter service currently in use at the Property. The initial Leased Premises are described includes use of the existing common roadway on the Property. Neither Tenant nor Landlord shall block, obstruct or impede the other party’s use of the roadway. Landlord will maintain the common roadway including dust control, snow removal and patching the surface. If the supply of delivered power from the Substation is interrupted, Landlord agrees to commence the maintenance, repairs, replacements or restoration with reasonable promptness and to diligently pursue same. If any interruption of such supply persists for a period in Exhibit A hereto and in the Lease Supplements. excess of three (3) consecutive days, Tenant shall be entitled to the following as appurtenances a proportionate abatement of Rent in proportion to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areasdegree, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the to which Tenant’s use and enjoyment of the Leased Premises by is impaired. If any interruption of such supply persists for more than ten (10) days out of any thirty (30) consecutive day period, then (a) Tenant for the purposes permitted by Section 1.5, including shall have the right of Tenant, its employees and invitees, in common with to terminate this Lease upon written notice to Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant (b) if same is due to the Propertynegligence or intentional conduct of Landlord, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to then it shall be deemed a breach of this Lease (including the rights granted to and shall entitle Tenant to use the roof of the Building, pursue any and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)all remedies herein provided.

Appears in 1 contract

Samples: Lease Agreement (Mawson Infrastructure Group Inc.)

Leased Premises. Subject to and upon 1.1 The leased premises shall consist of the terms hereinafter set forth, Landlord does hereby lease and demise to Tenantentire 82,520 rentable square feet of [***] space in the Building, and Tenant does hereby lease and take from Landlord, 21,200 rentable square feet of basement space (collectively referred to herein as the “Leased Premises”) as shown on Exhibit B attached hereto which identifies that portion of the Leased Premises referred to herein as the “Initial Premises” and that portion of the Leased Premises referred to herein as the “Additional Premises”. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled is measured from outside of exterior walls to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 outside of exterior walls or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areascenterline of demising walls, if any, identified and shall include all fixtures and equipment that currently exist or are to be installed in and attached to the Leased Premises by the Landlord or the Tenant for the use of the Tenant. Tenant shall also have the exclusive use to all parking spaces on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees)as shown on the attached Exhibit A, the balance exclusive use to all areas of the Parking Areas Property on which equipment servicing the Leased Premises are currently or hereafter located, and the nonexclusive use of all of the other common areas within the Property. Tenant shall also have the right to use all common areas (“Common Areas”) defined as those areas and facilities of the Office Park which are available for the use of tenants within the buildings in the Office Park, including parking areas, pedestrian walkways, sidewalks and landscaped areas within the Office Park. Tenant may use all Common Areas (excluding Floor only for their intended purposes. Landlord shall have exclusive control of all Common AreasAreas at all times and may make such changes to the Common Areas as Landlord deems appropriate, systems provided that Landlord shall provide advance notice to the Tenant of any planned changes and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights shall use commercially reasonable efforts to minimize disruption of Tenant’s access to and benefits appurtenant to, or necessary or incidental to, the use and enjoyment occupancy of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect material changes to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Buildingshall not be made without Tenant’s prior, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)written consent.

Appears in 1 contract

Samples: Rocket Pharmaceuticals, Inc.

Leased Premises. Subject to City hereby provides Tenant with concession space and upon concession related operating and storage space located within the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, the Golf Course (“Leased Premises”). The initial Leased Premises are described in Exhibit A detail in the RFP which is attached hereto and incorporated herein. Improvements to the Leased Premises are as set forth in Exhibit A, Owner and Tenant Improvements. The Leased Premises will be provided to Tenant “as is” including small wares, kitchen equipment, food and liquor inventories, computers, banquet equipment, table, chairs, TVs, etc. A full inventory will be taken on or before the Lease SupplementsEffective Date. All Tenant Improvements are at the sole cost of Tenant and must be pre-approved in writing by City. During the term of this Agreement, Tenant shall be responsible for maintenance of all furniture, fixtures and equipment on the Leased Premises Tenant acknowledges that from time to time, special events, group outings and City golf programs take place at the Golf Course. Tenant shall cooperate with City to accommodate these occasions and provide adequate seating space as needed. During the term of this Agreement, Tenant shall be entitled responsible for maintenance of all furniture, fixtures and equipment on the Leased Premises In addition, and with the written approval of City, kiosks, patio-type tables and similar facilities may be located in other areas of the Golf Course if doing so is warranted for enhanced customer service, and does not interfere with other Golf Course activities. In addition, City will provide Tenant with access to reasonable storage facilities which may be located in other areas of the Golf Course. Tenant may put signage on the building that houses the Leased Premises. All signage shall be in accordance with the legal requirements. In addition to the following exclusive use of the Leased Premises described herein, Tenant shall possess a non-exclusive right of ingress and egress to and from the Leased Premises as appurtenances may be necessary on through areas designated by the City, subject to Golf Course rules and regulations, including security regulations, as may be amended from time to time, provided that Tenant’s exercise of such right shall not impede or interfere unduly with the operation of the Golf Course by City, its patrons and other authorized occupants. Tenant shall also have the right to the use of reasonably adequate parking facilities for its employees employed at the Golf Course in common with other employees, which facilities shall be located in an area designated by the City for employee parking. Only Tenant employees assigned to this concession shall use the employee parking facilities. City shall have the right to enter upon the Golf Course, including the LeaseLeased Premises, at all times for any purpose, including without limitation, inspecting the Golf Course or the Leased Premises or for making improvements or repairs thereto or thereon. Tenant shall not place or install any racks, stands or other display of merchandise or trade fixtures in any Golf Course property outside the Leased Premises without the express prior consent of the City. Tenant acknowledges and agrees that City shall have the right at all times to change, alter, expand, and contract the Golf Course including the Leased Premises.. Notwithstanding the foregoing, any changes that will affect the Leased Premises, all except changes needed for immediate health and safety reasons, will be made after first providing Tenant with at no cost least sixty days (60) notice and an opportunity to consult and collaborate. Should changes to the Leased Premises be made without Tenant’s approval and cause damage to Tenant’s business, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit City will reimburse Tenant for Tenant’s employees actual direct damages not to exceed the amount of Lease Fees paid by Tenant to City over the prior twelve (12) month period. Without limiting the generality of the foregoing, Tenant acknowledges and invitees to use agrees that the Golf Course (i) on an exclusive basismay from time to time hereafter undergo renovation, the dedicated Parking Areasconstruction, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant modifications; and (ii) on a non-exclusive basis (in common with Landlord the City may from time to time adopt rules and regulations relating to security and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors operational concerns that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of may affect Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)’s business.

Appears in 1 contract

Samples: Concession Agreement

Leased Premises. Subject (a) Landlord, in consideration of the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease rents and take hires from LandlordLandlord for the term herein set forth, the Leased PremisesPremises which area is described as set forth in the Data Sheet attached hereto, in the retail development designated as Arizona Xxxxx or by such other name as Landlord may from time to time hereafter designate (hereinafter "Retail Development"). The initial term "State" as used herein shall mean the State of Arizona. For all purposes in this Lease, a "Major Tenant" is any occupant of more than twenty thousand (20,000) square feet of floor area in the Retail Development. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. Exhibit "A", page 1, sets forth the general layout of the Retail Development. Landlord does not warrant or represent that the Retail Development or the Leased Premises will be constructed exactly as shown thereon or that it will be completed by a specific date. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, and without in any manner diminishing Tenant's obligations under this Lease, to make alterations or additions to, and build additional stories on the building in which the Leased Premises are described in Exhibit A hereto located and to build adjoining the same, to construct other buildings and improvements of any type in the Lease Supplements. Tenant shall be entitled to Retail Development or the following as appurtenances to the Leased Premisescommon areas, all at no cost to Tenantor any part thereof, other than as provided in Section 2.2 or Section 3.1 below: (a) including the right to uselocate and/or erect thereon permanent or temporary kiosks and structures, to enlarge the Retail Development, and to permit Tenant’s employees make alterations therein or additions thereto, to build adjoining thereto, to construct decks or elevated parking facilities and invitees free standing buildings within the parking lot areas of the Retail Development, and to use (i) on an exclusive basischange the size, location, elevation and nature of any of the dedicated Parking Areasstores in the Retail Development or the common areas, if anyor any part thereof. In the event Landlord elects to enlarge the Retail Development, identified or any part thereof, any additional area may be included by Landlord in the definition of the Retail Development for purposes of this Lease. Landlord shall also have the general right from time to time to include within and/or to exclude from the defined Shopping Center any existing or future areas and the floor area of the Shopping Center shall be accordingly adjusted. The premises leased to Tenant are herein referred to as the "Leased Premises". The approximate location of the Leased Premises is cross-hatched on the lease plan of the Retail Development attachment hereto and made a part hereof as Exhibit "A", page 2. This Lease Supplements of the Leased Premises is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and agreements affecting the Retail Development and the elevator lobbiesterms and provisions of certain master declarations, corridorsreciprocal easement and operating agreements now or hereafter entered into by Landlord. Subject to the provisions of Section 5.1, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on shall enjoy a non-exclusive basis (in easement, right and privilege for Tenant and its customers, employees and invitees and the customers, employees and invitees of any assignee, sublessee, concessionaire or licensee of Tenant, to use the common areas of the Shopping Center, with Landlord and the other tenants or and occupants of floor area with the Property, Shopping Center and their respective customers, employees and invitees). Furthermore, Landlord agrees that any additions, alterations or modifications to the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do Shopping Center by Landlord shall not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant adversely affect access to, ,or necessary or incidental to, the use and enjoyment visibility of the Leased Premises by and, except as otherwise provided for herein, Tenant for shall retain substantially the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant same relative position with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof Major Tenants of the Building, and other portions Shopping Center as of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Commencement Date.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. Subject to and upon the terms hereinafter set forth, 2.1 Landlord does hereby lease to Tenant the space specified in Section 1(B) of the Basic Lease Provisions, as shown on Exhibit "B" attached hereto, together with the nonexclusive right and demise easement to Tenantuse the parking and certain common areas and facilities, which are furnished by the Landlord at or in the Building, in common and Tenant does hereby lease and take from conjunction with the Landlord, the Leased Premises. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions their respective agents, employees, customers and invitees (the "Common Areas"). Landlord shall not reduce, alter, modify or change in any manner the Common Areas without the consent of Tenant, which consent shall not be unreasonably withheld or delayed, provided that: (i) the rear portion of the Property located outside parking lot area may be so altered, so long as same does not affect Tenant's rights hereunder, and (ii) the interior hallway may be reconfigured to accommodate a new tenant, so long as access to and visibility of the Leased PremisesPremises is not adversely affected thereby. Tenant and its agents, pursuant employees, customers and invitees shall continue to have the exclusive right to use the parking spaces currently designated for Tenant's use as of the date hereof. In the event the size of the Leased Premises is reduced in accordance with Section 3.5 hereof)36 of the Lease, the number of parking spaces designated for Tenant's use shall be proportionately reduced. Tenant further acknowledges that Landlord shall have no obligation to police, monitor or enforce the usage of Tenant's designated parking spaces.

Appears in 1 contract

Samples: Automatic Data Processing Inc

Leased Premises. Subject to The premises demised and upon leased hereunder ("Leased Premises") consist of the terms hereinafter set forthProperty, Landlord does hereby lease and demise to Tenantlegally described at Exhibit A, and depicted on the Site Plan, Exhibit B, together with all right, title and interest of Landlord in and to all rights of way or use, servitudes, licenses, easements, tenements, hereditaments and appurtenances now or hereafter belonging or pertaining to the use of such real property during the Term, including, but not limited to, any easements granted to Tenant does hereby lease and take from Landlordpursuant to the REA described in Section 5.8, the Leased Premisesbut expressly excluding all Improvements now or to be located thereon. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. parties agree that Tenant alone shall be entitled to all federal tax attributes of ownership of the following as appurtenances to the Leased PremisesImprovements, all at no cost to Tenantincluding without limitation, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to useclaim depreciation or cost recovery deductions and the right to claim low-income housing tax credits thereon. The Parties contemplate that the Property shall be subdivided by the Parcel Map into the following parcels: the Housing Parcel, the Retail Parcel A, the Retail Parcel B, and to permit Tenant’s employees and invitees to use the Agency Garage Parcel. (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements The Retail Parcel A and the elevator lobbiesRetail Parcel B are referred to collectively as the “Retail Parcels.”) As provided below at Section 2.3, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants after recordation of the PropertyParcel Map and prior to the issuance of a certificate of occupancy for the Improvements, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors this Lease shall be amended to provide that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for shall include the purposes permitted by Section 1.5Housing Parcel and the Retail Parcels; the Leased Premises shall not include the Agency Garage Parcel. Further, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof that portion of the Building, and other portions of Improvements within the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Agency Garage Parcel will be owned by Landlord.

Appears in 1 contract

Samples: Assignment and Assumption Agreement

Leased Premises. Subject Landlord leases to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, Tenant and Tenant does hereby lease and take rents from Landlord, Landlord the Leased Premises. The initial Leased Premises are described premises consisting of the entire rentable area of the 1400 freestanding office building to be constructed by Landlord in the location designated as the "Initial Building" in Exhibit A hereto (the "Premises"); containing the floor area set forth in Item 8 of the Basic Lease Provisions. The building in which the Premises are situated (which together with the underlying real property, is called the "Building") is a portion of the project described in Item 2 (the "Project"). With respect to the foregoing Building and any other building in which Tenant leases at least one full floor, Tenant shall also have the right to use a proportionate share of the shafts, risers and conduits to the building roof and between floors, provided such use does not interfere with building systems and complies with all applicable laws, codes and other legal requirements. Upon completion of the Building shell, Landlord shall cause its architect to recalculate the rentable area of the Premises. If Landlord's architect determines that the rentable square footage of the Premises differs from that set forth in the Basic Lease Supplements. Provisions, then Landlord shall so notify Tenant and Tenant shall be entitled afforded a period of fifteen (15) days to review such determination; provided that in the event Tenant disputes the calculation within that period, the matter shall be resolved by arbitration in accordance with Section 14.7. Should it be finally determined that the rentable area differs from that set forth in Item 8 of the Basic Lease Provisions, the Basic Rent (as shown in Item 6 of the Basic Lease Provisions) shall be promptly adjusted in proportion to the following as appurtenances change in square footage, which adjustment shall be retroactive (if applicable) to the Leased Commencement Date. In determining the rentable area of the Premises, all at no cost to Tenant, other than as provided Landlords architect shall calculate the usable area of the Premises in Section 2.2 or Section 3.1 below: (a) accordance with the right to usestandards of ANSI/BOMA Z65.1-1996, and the rentable areas of the Premises shall equal that usable area multiplied by a load factor of 1.08 (which load factor shall only apply to permit Tenant’s employees and invitees to use (i) on an exclusive basisthe initial Building leased in its entirety hereunder). Promptly following the final determination of the rentable area, the dedicated Parking Areasparties shall memorialize the adjustments, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant executing an amendment to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)prepared by Landlord.

Appears in 1 contract

Samples: Pimco Advisors Holdings Lp

Leased Premises. Subject to and upon the terms terms, provisions and conditions hereinafter set forth, Landlord and each in consideration of the duties, covenants, and obligations of the other hereunder, Lessor does hereby lease, demise and let to Lessee and Lessee does hereby lease and demise to Tenantfrom Lessor those certain premises (hereinafter called the Leased Premises) in the building known as VICTORIA BANK AND TRUST COMPANY, and Tenant does hereby lease and take from LandlordOne O'Coxxxx Xxxza (herein called the Building), Victoria, Texas, the Leased PremisesPremises being more particularly described as 9,789.61 square feet of "Net Rentable Area" as hereinafter defined, on the 7th floor of the Building. The initial Leased Premises are described computation of Lessee's Net Rentable Area shall be made using the definitions set forth in Exhibit A attached hereto and made a part hereof in the Lease Supplements. Tenant shall be entitled to following manner: the following as appurtenances to Rentable Area is divided among the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) tenants along the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, mid-point of the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and interior walls separating each tenant from other tenants or occupants from common areas (as defined in Useable Area Deduct), with each tenant being allocated a proportionate part of such common areas as part of that tenant's Rentable Area; then the Prorate Add for such floor is allocated to all tenants in proportion to their shares of the PropertyRentable Area for such floor, thus resulting in a Net Rentable Area for each tenant. No deductions in determining Net Rentable Area are made for columns or projections necessary to the Building. Lessee is currently occupying all of it's Net Rentable Area and their respective employees and invitees), acknowledges the balance boundaries of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of same. The Net Rentable Area in the Leased Premises by Tenant for has been calculated on the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof basis of the Buildingforegoing definitions and is hereby stipulated for all purposes hereof to be 9,789.61 square feet, and other portions whether the same should be more or less. Lessee will have the ability to acquire additional space on the 7th floor of One O'Coxxxx Xxxza after September 1, 1995, at which time the Property located outside of rental amount will be adjusted based on the Net Rentable Area in the Leased Premises, pursuant to Section 3.5 hereof)Premises per year.

Appears in 1 contract

Samples: Lease Agreement (Victoria Bankshares Inc)

Leased Premises. Subject In consideration for the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby lease and demise leases to Tenant, and Tenant does hereby lease and take leases from Landlord, for the Rental Term, and upon the terms and conditions herein set forth, the Leased PremisesPremises described in Section 1.01(1), located in the Building referred to in Section 1.01(H). The initial legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the Building to the center of the interior walls. The exterior walls and roof of the Leased Premises and the areas beneath the Leased Premises are described not demised hereunder and the use thereof, together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in Exhibit A hereto locations which do not materially and in adversely interfere with Tenant’s use thereof and serving other parts of the Lease SupplementsBuilding or buildings, are hereby reserved to Landlord. Tenant shall Landlord reserves (a) such access rights through the Leased Premises as may be entitled reasonably necessary to enable access by Landlord to the following balance of the Building and reserved areas and elements as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: set forth above; and (ab) the right to useinstall or maintain meters on the Leased Premises to monitor use of utilities. In exercising such rights, Landlord shall give Tenant forty-eight (48) hours prior notice (except in the case of an emergency) and shall use reasonable efforts so as to permit not commit waste upon the Leased Premises and as far as practicable shall not materially and adversely interfere with Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises and shall minimize annoyance, interference or damage to Tenant and the Leased Premises when making modifications, additions or repairs. Landlord shall not be responsible for any damages incurred by Tenant for and/or to Tenant’s property occur during the purposes permitted by Section 1.5required forty-eight (48) hour notice period. Subject to the provisions of Article VIII, including Tenant and its employees, contractors, customers, agents and invitees have the right of Tenant, its employees and inviteesto the non-exclusive use, in common with Landlord existing tenants of such unreserved automobile parking spaces, driveways, footways, and other personsfacilities designated for common use within the Building, except that with respect to use any non-exclusive easements and/or licenses inareas, about or appurtenant Tenant shall cause its employees to the Property, including the non-exclusive right park their cars only in areas specifically designated from time to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)time by Landlord for that purpose.

Appears in 1 contract

Samples: Lease (Sera Prognostics, Inc.)

Leased Premises. Subject Landlord hereby leases to and upon Tenant 46,128 rentable square feet (approximately) in the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, and Tenant does hereby lease and take from Landlord, Building comprised of: Condominium #2 of the Leased Premises. The initial Leased Premises are described in 00 Xxxxxxx Xxxxxx Condominiums (also known as the “Pharmacy Unit”) as initially depicted on Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premisesattached hereto, all at no cost to Tenantplus, other than as provided in Section 2.2 or Section 3.1 below: (a) without additional charge, the right to convenient use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord others, of all accesses, walkways, drives and ways, and all other tenants or occupants common areas as so designated by this Lease and as finally determined by the agreement of the Propertyparties as to the final Exhibit A, and their respective employees and invitees), depicting the balance of the Parking Areas as constructed Building and all associated common areas (the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment . The net rentable area of the Leased Premises shall be confirmed by Landlord and Tenant by written agreement when the Approved Working Drawings (as defined in the Work Letter) have been finalized but shall at all times be subject to remeasurement pursuant to the terms of the work letter attached hereto as Exhibit C (the “Work Letter”) and as otherwise contained in this Lease at Section 1.1. The Leased Premises shall also include the Tenant’s right to exclusive (with Landlord, as set out below) use of the rooftop within the perimeter of the Leased Premises as designated on the Final Core & Shell Plans at the 6th Floor Level (the “Rooftop Premises”) for uses which shall include HVAC equipment, Tenant’s communication purposes and related installations which uses are hereby approved by Landlord and consistent with the purposes permitted permits issued by Section 1.5the City of Portland, including “Green Roof” limitations, Provided, however, that notwithstanding Tenant’s reserved rights, Landlord shall have the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkwaysan approximately twelve feet-by-twelve feet (12’ x 12’) area on the Rooftop Premises, tunnelsas designated on said plans, for Landlord’s future service equipment, the exact location of which area is depicted on the Working Drawings, but under no circumstances shall Landlord interfere with Tenant’s reserved use described above. Landlord shall, upon Tenant’s reasonable request, make additional rooftop space available for Tenant’s additional equipment at other locations within the Project site. The Leased Premises shall also include the exclusive use of the loading dock in the lower level of the Parking Facility (as defined below) (the “Loading Dock”). The Rooftop Premises and skywalks connected to the Property; and (c) all other rights and benefits provided Loading Dock are included at no additional cost or rent to Tenant with respect to and will not be included in the Property pursuant to this Lease (including the rights granted to Tenant to use the roof calculation of the Building, and other portions of the Property located outside net rentable area of the Leased Premises, pursuant The uses of the Rooftop Premises shall comply with all applicable conditions of approval by the City of Portland, applicable law and ordinances. Tenant shall have exclusive (with the owner of Condominium Unit 3, as set out below) access to the lower level of the Parking Facility. Landlord acknowledges that such exclusive access is required for Tenant’s security purposes and regulatory approvals related to the handling of controlled substances. The Unit 3 owner shall have access to the lower level for loading and unloading purposes only, and shall not permit access by any other party or for any other purpose. Landlord shall also have access to such lower level for customary maintenance and repairs with Tenant’s consent and upon providing Tenant with reasonable notice prior to such access and, in all cases, Landlord will be accompanied by an employee or agent of Tenant, and Landlord will otherwise comply with the terms and conditions of Section 3.5 hereof20 of this Lease. Reference is hereby made to that certain License Agreement by and between the parties, of near or even date herewith, for approximately 1,200 square feet of existing space within the Leased Premises (the “License Agreement”).. Pursuant to the terms of the License Agreement, the parties affirm that as of the Commencement Dates (as defined below), this Lease will supersede and replace the License Agreement, and the premises that are the subject of the License Agreement are included in the definition of Leased Premises herein. It is acknowledged that Tenant’s approval of the Declaration of the 00 Xxxxxxx Xxxxxx Condominium Association and all related condominium documents to be initially drafted by Landlord (all such condominium documents are together hereinafter referred to as the “Declaration”) is required prior to any such document’s finalization, recording or presentation to any other party as final. The following are among the conditions to Tenant’s approval of the Declaration, and Landlord shall in good faith cooperate with Tenant to assure that the Declaration includes such items or meets such conditions:

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Leased Premises. Subject Landlord hereby demises and leases to Tenant and upon Tenant hereby leases from Landlord, on the terms hereinafter and conditions herein set forth, Landlord does hereby lease that portion of the Building consisting of: approximately 3,584 rentable sq. ft., designated as SUITES 8 and demise 9 on the building plans maintained by the Landlord. The leased space is sometimes referred to Tenantherein as the "Premises", and Tenant does hereby lease and take from Landlord, its location is shown on the Leased Premisesattached Exhibit "A". The initial Leased Premises are described leased with bare, exterior walls insulated but not covered with drywall, and with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Exhibit A hereto Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of Tenant to construct and install. The building and the leased premises, when completed, will be in compliance with all applicable building, safety and fire codes and with the Lease SupplementsAmericans with Disabilities Act. It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said construction will be between $15,000-$! 8,000. It is further understood appropriate documentation will be provided to substantiate the final cost. All interior finish improvements to the Premises shall be obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to the commencement of any work at the Premises. Tenant shall be entitled responsible for completing these interior finishes and improvements to the following as appurtenances Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements. Prior to the Leased commencement of any improvements to finish the interior of the Premises, all at no cost to Tenant, other than as provided Tenant and any contractor working in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and Premises shall execute a Stipulation Against Liens to be recorded in the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants Office of the PropertyClerk of Courts, and their respective employees and invitees)Lehigh County, the balance of the Parking Areas and all the other Common Areas (excluding Floor Common AreasPennsylvania, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of at Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)'s expense.

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Leased Premises. Subject (a) Landlord, in consideration of the rent to be paid and upon the terms hereinafter set forthcovenants to be performed by Tenant, Landlord does hereby demise and lease and demise to unto Tenant, and Tenant does hereby lease rents and take hires from Landlord, those certain premises in the Leased Premisesregional retail development shown on Exhibit A, subject to covenants, restrictions and easements of record, the terms and provisions of certain reciprocal easement and/or operating agreements now or hereinafter entered into by Landlord with the owners or lessees of the Department Store Sites, and the terms and provisions of the underlying lease, if any. The initial Leased Premises are described Landlord represents that the foregoing covenants, restrictions and easements of record and the terms of any such reciprocal easement and/or operating agreements will not materially adversely interfere (i) with Tenant's use of the leased premises generally in accordance with the provisions of Section 7.01 hereof nor (ii) with access to the leased premises. It is agreed that the term "regional retail development" as used herein shall mean and refer to the Department Store Sites and the Shopping Center, including the buildings located or to be located thereon, all as shown on the site plan which is set forth in Exhibit A attached hereto and made a part hereof, and that the term "Shopping Center" shall, except as otherwise specifically provided herein, mean and refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the enclosed Mall and which may vary at each level of the regional retail development, together with the enclosed Mall (whether or not shaded or hatched). The approximate location of the premises leased to Tenant hereunder is shown in Exhibit A. The legal description of the regional retail development or of the Shopping Center is set forth in Exhibit A or referenced in the Lease SupplementsAddendum attached hereto and made a part hereof. Tenant shall be entitled The leased premises (herein referred to as the following "leased premises" or "premises") are described as appurtenances to set forth in the Leased Premises, all at no cost to Tenant, other than as provided Data Sheet attached hereto. As used in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basisthis Lease, the dedicated Parking Areas, if any, identified on term "State" shall mean the Lease Supplements and state in which the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof)Shopping Center is located.

Appears in 1 contract

Samples: Silver Diner Inc /De/

Leased Premises. Subject Landlord leases to and upon the terms hereinafter set forth, Landlord does hereby lease and demise to Tenant, Tenant and Tenant does hereby lease and take leases from Landlord, Landlord the Leased Premises. The initial Leased Premises are described shown in Exhibit A hereto and (the “Premises”). The Premises are located in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements Xxxx Building and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (Xxxxx Building identified in common with Landlord and other tenants or occupants Item 2 of the Property, and their respective employees and inviteesBasic Lease Provisions (sometimes hereinafter collectively referred to as the “Building”), which, together with the balance of the Parking Areas and all the other Common Areas (excluding as defined in Section 6.2 below) adjacent to the Xxxx Building and the Xxxxx Building comprise the project described in Item 2 (the “Project”). The “Floor Common AreasArea” of the Premises shall be calculated after the substantial completion of the Buildings in accordance with the “Floor Area Measurement of Single-Tenant Office Buildings” ANSI/BOMA z65.1 2009 and its accompanying guidelines (“BOMA”), systems and facilities on and/or serving floors provided that do the aggregate rentable square footage of the Premises shall not include Leased Premisesany balconies or structured parking. Within thirty (30) days after the “Delivery Date” (as defined below), but including risers wherever located throughout Landlord’s space planner/architect shall measure the Buildings); rentable square feet of each of the Xxxx Building and the Xxxxx Building in accordance with BOMA and the results thereof shall be presented to Tenant in writing. Tenant’s space planner/architect may review Landlord’s space planner/architect’s determination of the number of rentable square feet of such Building and Tenant may, within fifteen (b15) business days after Tenant’s receipt of Landlord’s space planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant’s acceptance of Landlord’s space planner/architect’s determination. If Tenant objects to such determination, Landlord’s space planner/architect and Tenant’s space planner/architect shall promptly meet and attempt to agree upon the rentable square footage of such Building. If Landlord’s space planner/architect and Tenant’s space planner/architect cannot agree on the rentable square footage of such Building within thirty (30) days after Tenant’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure such Building under BOMA and to select either the measurement of the Landlord’s space planner/architect or the Tenant’s space planner/architect that is closer to its determination of the measurement of such Building. Such third party independent measurement professional’s determination shall be conclusive and binding on Landlord and Tenant. Landlord and Tenant shall each pay one-half (½) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 2.1 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all rights amounts, percentages and benefits appurtenant tofigures appearing or referred to in this Lease based upon such incorrect amount (including, or necessary or incidental towithout limitation, the use and enjoyment amount of the Leased Premises Basic Rent and the amount of the Tenant Improvement Allowance) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Tenant for the purposes permitted by Section 1.5, including the right of Landlord to Tenant, its employees and invitees. Once determined, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to no event shall the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof rentable square feet of the BuildingPremises be subject to remeasurement or change, and other portions except in connection with the change in the physical dimensions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).

Appears in 1 contract

Samples: Lease (Proofpoint Inc)

Leased Premises. Subject to and upon the terms terms, provisions, covenants and conditions hereinafter set forthstated, Landlord and each in consideration of the duties, covenant, and obligations of the other hereunder, LANDLORD does hereby lease lease, demise and demise let to Tenant, TENANT; and Tenant TENANT does hereby lease lease, demise and take let from Landlord, LANDLORD those Leased Premises as reflected on the Leased Premisesfloor and site plans attached hereto as Exhibit "A" and made a part hereof. The initial Leased Premises are described in Exhibit A hereto and in the Lease Supplements. Tenant shall be entitled to the following as appurtenances to the Leased Premises, all at no cost to Tenant, other than as provided in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants of the Property, and their respective employees and invitees), the balance of the Parking Areas and all the other Common Areas (excluding Floor Common Areas, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment size of the Leased Premises by Tenant for and of the purposes permitted by Section 1.5, including Building as set forth in the right Definitions are hereby stipulated and agreed to whether the same should be more or less as a result of Tenant, its employees variations resulting from actual construction and invitees, in common with Landlord completion of the Leased Premises and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building. The TENANT acknowledges that the LANDLORD has made no representations with regard to the actual square footage. Additionally, by its acceptance of possession of the Premises, and other portions the commencement of rent payments by TENANT, TENANT hereby confirms that it has had a full and adequate opportunity to inspect, examine and measure the Property located outside Leased Premises and the Building. As a result, TENANT hereby irrevocably stipulates to the square footage of the Leased Premises set forth in paragraph (a) of the Definitions herein. TENANT also stipulates to the square footage of the Building set forth in paragraph (e) of the Definitions. TENANT further stipulates that such square footage calculations shall not be subject to question, interpretation, or modification either during or after the Term hereof, or any extensions or renewals of this Lease, notwithstanding any subsequently discovered discrepancy, regardless of kind or amount, between the actual square footage and the square footage calculations set forth in paragraphs (a) and (e) of the Definitions. By occupying the Premises, pursuant TENANT shall be conclusively deemed to Section 3.5 hereof)have accepted the same as complying fully with LANDLORD'S covenants and obligations to deliver the Premises as required hereby, subject to LANDLORD punch list items which shall be completed within a reasonable period subject to availability of materials and labor.

Appears in 1 contract

Samples: Lease (Take to Auction Com Inc)

Leased Premises. Subject Landlord hereby demises and leases to Tenant and upon Tenant hereby leases from Landlord, on the terms hereinafter and conditions herein set forth, Landlord does hereby lease that portion of the Building consisting of:  approximately 3,584 rentable sq. ft., designated as SUITES 8 and demise 9  on the building plans maintained by the Landlord. The leased space is sometimes referred to Tenantherein as the "Premises", and Tenant does hereby lease and take from Landlord, its location is shown on the Leased Premisesattached Exhibit "A".  The initial Leased Premises are described leased with bare, exterior walls insulated but not covered with drywall, and with plumbing and electrical lines and HVAC service brought to the Premises, as depicted in Exhibit A hereto Landlord's shell building plans. All other finishes and improvements, including without limitation, internal walls and partitions, diffusers, terminal units, internal duct work, thermostats, paint, wall coverings, carpets, tile, cabinets, plumbing fixtures, outlets, switches, lighting and other fixtures, subpanels as required shall be the responsibility of Tenant to construct and install.  The building and the leased premises, when completed, will be in compliance with all applicable building, safety and fire codes and with the Lease SupplementsAmericans with Disabilities Act.  It is understood the drive thru window and canopy construction will be at the tenant's expense. It is understood the approximate cost for said construction will be between $15,000-$18,000. It is further understood appropriate documentation will be provided to substantiate the final cost.  All interior finish improvements to the Premises shall be obtained from a competent construction contractor of Tenant's choice, provided, however, that Landlord shall approve the selection of Tenant's contractor (and its subcontractors) prior to the commencement of any work at the Premises. Tenant shall be entitled responsible for completing these interior finishes and improvements to the following as appurtenances Premises in accordance with the written architectural and construction agreements approved by Landlord, whose approval shall not be unreasonably withheld or delayed. Tenant shall pay any and all costs necessary to complete these interior finishes and improvements.  Prior to the Leased commencement of any improvements to finish the interior of the Premises, all at no cost to Tenant, other than as provided Tenant and any contractor working in Section 2.2 or Section 3.1 below: (a) the right to use, and to permit Tenant’s employees and invitees to use (i) on an exclusive basis, the dedicated Parking Areas, if any, identified on the Lease Supplements and Premises shall execute a Stipulation Against Liens to be recorded in the elevator lobbies, corridors, restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant and (ii) on a non-exclusive basis (in common with Landlord and other tenants or occupants Office of the PropertyClerk of Courts, and their respective employees and invitees)Lehigh County, the balance of the Parking Areas and all the other Common Areas (excluding Floor Common AreasPennsylvania, systems and facilities on and/or serving floors that do not include Leased Premises, but including risers wherever located throughout the Buildings); (b) all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Leased Premises by Tenant for the purposes permitted by Section 1.5, including the right of at Tenant, its employees and invitees, in common with Landlord and other persons, to use any non-exclusive easements and/or licenses in, about or appurtenant to the Property, including the non-exclusive right to use any walkways, tunnels, and skywalks connected to the Property; and (c) all other rights and benefits provided to Tenant with respect to the Property pursuant to this Lease (including the rights granted to Tenant to use the roof of the Building, and other portions of the Property located outside of the Leased Premises, pursuant to Section 3.5 hereof).'s expense. 

Appears in 1 contract

Samples: Lease Agreement (Embassy Bancorp, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.