Common use of Leased Premises Clause in Contracts

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.

Appears in 3 contracts

Samples: Agreement (DSL Net Inc), Agreement (DSL Net Inc), Agreement (DSL Net Inc)

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Leased Premises. A. Premises Lessor hereby leases to Lessee and Building --------------------- Landlord does Lessee hereby lease to Tenant and Tenant does hereby rent leases from Landlord those certain premises which are deemed to contain Lessor, a portion of the building located at 0 XXXXX XXXXX, Xxxxxx, Xxxxxxxxx Xxxxxx, Xxxxxxxxxxxxx, known as Unit two containing approximately 12,078 12,678 rentable square feet feet, as more particularly shown on Exhibit A, annexed hereto, excepting there from space for pipes, ducts, air shafts, wires, meters, conduits, and appurtenant fixtures and equipment serving other parts of space located on the fifth (5th) floor building of which the Leased Premises are a part. Said leased area being herein referred to as the “Leased Premises” and all to be contained in the building known as 0 XXXXX XXXXX, XXXXXX, Xxxxxxxxxxxxx (hereinafter called sometimes referred to as the "Premises")“Building”) on that certain plot, as designated piece or parcel of land more fully described on the plan Exhibit B to this Lease, attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto to and made a part hereof of this Lease. (The LandBuilding and the above described land may be referred to collectively as the “Property”.) To have and to hold the Leased Premises, subject to the agreements, terms and conditions herein contained, for the Term of this Lease as defined in Article 4. Lessee shall have access to the Building and the Leased Premises 24 hours per day, seven days per week, 52 weeks per year. Lessor shall deliver the Leased Premises, Building and all Building systems, including HVAC, fixed laboratory improvements and trade fixtures, in good repair and working order. The Leased Premises shall be delivered professionally cleaned. Further, Lessor shall promptly repair, at its expense and without pass through as an Operating Expense, the ----------- Building structural soundness of the roof, the structural soundness of the foundation, and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use structural soundness of the exterior faces of all perimeter walls; (b) the use , doors and windows of the roof; Building (including the foundations, footings, exterior walls, and (c) the use of the land, improvements structural steel columns and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premisesgirders). Said letting and renting is upon and subject Lessee will have access to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease Leased Premises no less than five (5) business days prior to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years for the purpose of installing furniture, fixtures, and equipment and inspecting the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantProperty.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.

Leased Premises. A. Premises Subject to and Building --------------------- upon the terms, provisions, covenants and conditions hereinafter set forth, Landlord does hereby lease lease, demise and let to Tenant and Tenant does hereby rent lease, demise and let from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises") in the building known as Claire's Corporate Plaza, located at 3 SW 129th Avenue, Pembroke Pines, Florida (said building together xxxx xxx xxxxxxxxx xxxxxxx xxx xxxxxxx xxxilities owned by Landlord are collectively referred to as the "Building" as shown on Exhibit "A" attached hereto), as designated such Premises being more particularly described on the floor plan of the Premises attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the Exhibit "Building"). The legal description A-1" comprising portions of the land on which first and second floors and the Building is situated (entirety of the "Land"third and fourth floors excepting the cross hatched area) is set forth on EXHIBIT A-1 attached hereto and made a part hereof hereof, identified by the signature or initials of Landlord and Tenant. The Land, the ----------- Building and any other improvements located on the Land are collectively referred to term "Rentable Area" as used herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and refer to (ai) in the case of a single tenancy floor, all space measured from the inside surface of the outer glass of the Building to the inside surface of the opposite outer glass, excluding only the areas within the outside glass used for building stairs, fire towers, elevator shafts, flues, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific use of the exterior faces of all perimeter walls; (b) the use of the roof; particular tenant, such as special stairs or elevators, and (cii) in the use case of a multi-tenancy floor, all space within the land, improvements and space below the bottom of the lower floor slabs and above the interior inside surface of the ceiling outer glass enclosing tenant occupied portions of the Premises. Said letting floor and renting is upon and subject measured to the termsmidpoint of the walls separating such portions from areas leased by or held for lease to other tenants. No deductions from Rentable Areas are made for columns or projections necessary to the Building. The Rentable Areas for the Premises and for the Building have been calculated on the basis of the foregoing definition and are hereby stipulated for all purposes hereof to be approximately 35,470 square feet as to the Premises, covenantswhether the same should be more or less as a result of variations resulting from actual construction and completion of the Premises for occupancy, and conditions set forth herein, and Tenant covenants 47,190 square feet as to the Building whether same should be more or less as a material part result of variations resulting from actual construction of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantBuilding.

Appears in 2 contracts

Samples: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description In consideration of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Landrents, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, provisions and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, Lessor hereby leases, lets and demises to the Lessee the following described premises, which premises are more or less depicted on Exhibit A attached hereto and incorporated herein by this reference (“Leased Premises”): 27,000 rentable square feet (Approximate sq. ft. in Leased Premises). The actual square footage will not be known until completion of the Lessee Improvement Final Plans by Xxxxxxx Design. The number of rentable square feet specified in said plans (which shall be measured from roofline to roof line and to the center of any interior demising walls, with no area factor included) prepared by Xxxxxxx Design shall be binding on Lessor and Lessee. Upon completion of the Lessee Improvement Final Plans by Xxxxxxx Design, Lessor and Lessee shall execute an amendment to this Lease, which amendment shall specify the actual square footage of the Lease shall automatically terminate without further action by either Landlord and the amount of Base Rent due monthly based on said square footage. 176,632 rentable square feet (Approximate sq. ft. in Building) 000 Xxxxxxxxx Xxxxx Xxxxx, Xxxxxxxx X (Name of building or Tenantproject) 000 Xxxxxxxxx Xxxxx Xxxxx, Xxxxxxxx X, Xxxxx 000, (Xxxxxx address/suite number) Xxxxxxxxx, Xxxxxxxx 00000 (City, State, and Zip Code), located on the land shown on Exhibit “A” attached hereto and incorporated herein for all purposes. Lessee acknowledges that the square footage of the Leased Premises is as set forth above.

Appears in 2 contracts

Samples: Lease Agreement (Gevo, Inc.), Lease Agreement (Gevo, Inc.)

Leased Premises. A. Premises Landlord, in consideration of the rent to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease to Tenant Tenant, and Tenant does hereby rent leases from Landlord those certain premises Landlord, for the Term, the Leased Premises (the "Leased Premises") which are deemed described in the Data Summary and approximately located in the cross-hatched area in Exhibit A hereto, in the retail development designated in the Data Summary or known by such other name as Landlord may from time to contain approximately 12,078 rentable time hereafter designate (the "Retail Development"). As used herein, the term "State" shall mean the state in which the Retail Development is located, the term "Major Tenant" shall mean any tenant occupying more than ten thousand (10,000) square feet of space located on floor area in the fifth (5th) floor (hereinafter called Retail Development, the term "PremisesShopping Center" shall mean the Retail Development excluding the areas occupied by Major Tenants and the term "), as designated on Building" shall mean the building in which the Leased Premises are located. The site plan attached as Exhibit "A" hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property Retail Development. Notwithstanding anything in this Lease to the contrary, Landlord shall have the right, at any time and shall not be deemed from time to be a warrantytime, representation without notice to or agreement on consent of Tenant and without in any manner diminishing Tenant's obligations under this Lease, to change the part size, location, elevation or layout of, and/or nature of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years any of the date stores in, the Retail Development including the right to locate and/or erect thereon permanent or temporary kiosks, structures and other buildings and improvements of any type. The roof, the exterior of the walls, floor and ceiling and the area above and beneath the Leased Premises are not leased hereunder, and the use thereof, together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, wires, tunnels, sewers 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 Retail Development are hereby reserved to Landlord. For all purposes of this Lease, the leasable area of the Leased Premises is conclusively deemed to be the square footage set forth in the Data Summary unless Tenant notifies Landlord in writing within thirty (30) days after the delivery of possession of the Leased Premises that the actual square footage is more than five percent (5%) greater or less than that set forth in the Data Summary. If Landlord and Tenant cannot agree as to the exact square footage, the leasable area shall be determined and certified by an independent architect appointed by Landlord and approved by Tenant. Leasable area shall include all the area within the mid-line of interior walls that separate the Leased Premises from other leasable areas and the exterior face of other walls, and the square footage of any mezzanines within the Leased Premises. The certificate of such architect as to square footage shall be binding upon both parties hereto. If such architect shall determine, or if the parties agree, that the actual square footage is more than five percent (5%) greater or less than that set forth in the Data Summary, then such square footage shall be used in all calculations based on square footage throughout this Lease Lease, and the Minimum Rent and Sales Break Point set forth in the Data Summary shall automatically terminate without further action be adjusted by either multiplying such numbers by a fraction, the numerator of which is the leasable area so determined or agreed upon and the denominator of which is the leasable area set forth in the Data Summary, and Tenant shall be obligated to pay from the Commencement Date Minimum Rent, as so adjusted, and Percentage Rent based on the Sales Break Point, as so adjusted. If such adjustments are to be made pursuant to the immediately preceding sentence, Landlord or Tenantshall be responsible for the fees of such independent architect; otherwise, Tenant shall be responsible therefor. Until an ultimate determination of leasable area is made to the contrary pursuant to this Section 1.01, Tenant shall pay all rent based on the leasable area set forth in the Data Summary, subject to retroactive adjustment as set forth above.

Appears in 1 contract

Samples: Ashworth Inc

Leased Premises. A. Premises  Landlord, for and Building --------------------- Landlord does in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid, kept, performed and observed by Tenant, hereby lease to Tenant demises and leases unto Tenant, and Tenant does hereby rent leases from Landlord those Landlord, that certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the real property more particularly described in Exhibit "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 A-1" attached hereto and made a part hereof The (the "Leased Land") together with all buildings and improvements to be erected thereon (“Tenant's Building”), together with all and singular rights, privileges and easements appurtenant thereto or which are hereinafter provided in this Lease (all of which shall constitute and comprise the "Leased Premises" or "Premises"). A record plan of the Leased Land and the remainder of the lot on which Leased Land lies (000 X. Xxxx Xxxxxx, Xxxxxxxx, Xxxxxx Xxxxxx, XX, PIN 547368970333) (“Main Street Commons”) is attached hereto as Exhibit "A-2".  Notwithstanding the above, the ----------- Building building and any other improvements located on that the Land are collectively referred parties contemplate shall be constructed by Tenant (i.e. Tenant’s Building) pursuant to herein as the "Property." Landlord hereby reserves terms contained in this Lease, until expiration or earlier termination of this Lease, shall be and remain the sole property of Tenant and title thereto shall vest solely with Tenant (at which time title will revert to Landlord), and Tenant shall have no the sole right in and to (a) the use of the exterior faces of deduct all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premisesdepreciation thereon. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.

Appears in 1 contract

Samples: Ground  lease (Embassy Bancorp, Inc.)

Leased Premises. A. Premises (a) Landlxxx, xx Consideration of the rent to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby demise and lease to Tenant unto Tenant, and Tenant does hereby rent rents and hires from Landlord Landlord, those certain premises which are deemed in the entertainment and retail center shown on Exhibit A, subject to contain approximately 12,078 rentable square feet covenants, restrictions and easements of space record, any declaration or other instrument of covenants, conditions or restrictions now or hereinafter entered into by Landlord, 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 Major Store Sites, and the terms and provisions of the underlying lease, if any. It is agreed that the term "entertainment and retail center" as used herein shall mean and refer to the Major Store Sites and the Development, including the buildings located or to be located thereon, all as shown on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the site plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 in Exhibit A attached hereto and made a part hereof The Landhereof, and that the ----------- Building term "Development" shall, except as otherwise specifically provided herein, mean and any other improvements located refer to the hatched and the shaded portions of such site plan which portions from time to time open directly on the Land are collectively mall, together with the mall (whether or not shaded or hatched). The approximate location of the premises leased to Tenant hereunder is shown in Exhibit A. The leased premises (herein referred to herein as the "Property.leased premises" Landlord hereby reserves and Tenant shall have no right in and to (aor "premises") the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions are described as set forth herein, and Tenant covenants as a material part of in the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performedData Sheet attached hereto. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of As used in this Lease, this Lease the term "State" shall automatically terminate without further action by either Landlord or Tenantmean the state in which the Development is located.

Appears in 1 contract

Samples: Construction Agreement (Hart Industries Inc)

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Xxxx Xxxxx or by such other name as Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a AMajor Tenant Space@ is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land 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 Building is situated (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 additional stories on any building or buildings within the Retail Development, and 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 "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, 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 within 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, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as City Mills At Orange or by such other naxx xx Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of California. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a "Major Tenant Space" is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land 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 Building is situated (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 additional stories on any building or buildings within the Retail Development, and 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 "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, 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 within 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, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Katy Xxxxx xx by such other name as Landlord may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of Texas. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a "Major Tenant Space" is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land 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, but Landlord does warrant that the Leased Premises and the Retail Development will have the general configuration shown on Exhibit A. 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 Building is situated 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 (provided in no event will any kiosk or other structure be located directly in front of the registration desk within the Leased Premises), to build additional stories on any building or buildings within the Retail Development, and 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 exercising its options hereunder, Landlord agrees to use reasonable efforts (in light of the then existing circumstances) not to materially and unreasonably interfere with the visibility of and access to the Leased Premises from the enclosed mall; it being understood that any structure placed in the common areas shall not block Tenant's signage located on the storefront signband. 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 "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth hereinagreements affecting the Retail Development and the terms and provisions of certain master declaration, reciprocal easement and Tenant covenants as a material part operating agreements now or hereafter entered into by Landlord. Landlord acknowledges that Tenant's customers shall be permitted to queue in the common areas in front of the consideration Leased Premises while waiting for this Lease access to keep the Leased Premises ("Waiting Area"). The Waiting Area shall be in a location designated by Landlord and perform each and all reasonably approved by Tenant, provided said Waiting Area permits Tenant's customers to queue in an orderly manner without obstructing pedestrian traffic in the common areas and/or unreasonably disturbing the operation of other tenants in the Retail Development. In addition to the Leased Premises, Landlord shall grant Tenant a license for a location in the common area of the said termsShopping Center which shall be used by Tenant for the display of a full size stockcar, covenants, and conditions by it to be kept and performedincluding sign tripods ("Display Area"). This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- The location of the Property and Display Area shall not be deemed to selected by Landlord, but such location shall always be a warranty, representation or agreement with in the area labeled on the part of Landlord that the Building or other improvements on the Land will remain Exhibit A-1 as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant."Display

Appears in 1 contract

Samples: Lease (Silicon Entertainment Inc /Ca/)

Leased Premises. A. Premises Lessor, for and Building --------------------- Landlord in consideration of the rents, covenants and premises contained in this Agreement and to be kept, performed and observed by Lessee, and subject to the reservations and restrictions contained in this Agreement, does hereby lease and demise to Tenant Lessee, and Tenant Lessee does hereby rent lease and accept from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on Lessor, the fifth surface only (5thbut including submerged lands) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land real property described on Exhibit A, which the Building is situated attached and incorporated by reference (the "Land") is set forth ), and the fixtures and improvements located on EXHIBIT A-1 attached hereto the Land as of the Effective Date, including without limitation all sheds, buildings, docks, wharfs, bulkheads, piers, pilings, dolphins, ramps, warehouses, structures, paving, fences, and made a part hereof The Land, the ----------- Building and any other improvements located on the Land on the Effective Date (collectively, the "Facilities"). The Land, Facilities, and Improvements (once completed, and as defined in Article 8 below) are collectively referred to herein defined as the "Property." Landlord hereby reserves Leased Premises". Within six months after the Effective Date, Lessor and Tenant shall have no right in and Lessee will jointly designate a licensed surveyor to (a) the use perform a survey of the exterior faces Land, the cost of all perimeter walls; (b) which will be shared equally by Lessor and Lessee. Once completed to the use reasonable satisfaction of Lessor and Lessee, the metes and bounds description of the roof; Land prepared by the surveyor will be attached to this Agreement as Exhibit A-1 and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not will be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years description of the date Land. To the extent there are any discrepancies between Exhibit A and Exhibit A-1 with respect to the description of the Land, the information contained in Exhibit A- 1 xxxl control. TO HAVE AND TO HOLD the Leased Premises, together with all rights, privileges, easements, rights of way, appurtenances and other interests belonging to or in any way pertaining to the Leased Premises, subject to the terms of this LeaseAgreement. This Agreement will be subordinate to the deed of trust dated December 16, this Lease shall automatically terminate without further action by either Landlord 1993 to Ellix X. Xxxxxx, Xxustee, recorded at Film Code No. ###-##-#### of the Galveston County real property records (the "Deed of Trust"), which creates a lien against the Leased Premises, and which secures the payment of the $5,400,000.00 Wharves and Terminal Subordinate Lien Revenue Bonds, Series 1993B (the "Bonds") as more fully described in the trust indenture dated as of November 18, 1993, between the City and Texas Commerce Bank, National Association, as Trustee, relating to the Bonds (as it may be renewed, extended, or Tenant.modified, and including any instrument created in lieu of or in substitution thereof, the "Trust Indenture") and any other lien securing payment of the Bonds as they may be renewed, extended, or modified. Lessor will not create any other lien on the

Appears in 1 contract

Samples: Lease and Development Agreement (First Wave Marine Inc)

Leased Premises. A. The Lessor, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, hereby leases to the Lessee the following described premises (the “Leased Premises”): Space designated as a portion of the first floor, comprising approximately 7,427 Usable Square Feet, as shown on Exhibit “A” (Site Plan), Exhibit “B” (Suite Location) and Exhibit “B1” (Suite Build Out) attached hereto, located at 0000 Xxxx Xxxxxxx, Xxxxxxxxxxxx, Xxxxxxx in a building known as “The Offices of Gate Parkway” (the “Project”) The “Shell Building Improvements” and “Building Standards for Tenant Improvements” are described in Exhibit “C” attached hereto. The costs of Tenant Improvement Upgrades are shown on Exhibit “C 1” attached hereto, if applicable. The Lessor and Lessee have agreed the usable square footage indicated above together with a prorata portion of the Common Area associated with the Leased Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable (being 61.3% of 3,173 first floor Common Area) shall equal 9,372 square feet of space located on Rentable Square Feet and such shall be deemed as accurate and the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated sole basis for Rent calculations in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building")this Lease. The legal description Lessor agrees to have the Leased Premises completed and ready for possession on or before the target Commencement Date of January 15, 2006 barring strikes, insurrection, acts of God and other casualties or unforeseen events beyond the control of the land on which Lessor. The actual Commencement Date of the Building Lease is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein defined as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (date a) the use of the exterior faces of all perimeter wallscommon areas and utilities are Substantially Complete and operational; (b) the use build-out of the roof; Leased Premises (as shown on Exhibit “B 1” if attached) is Substantially Complete and (c) when either a Certificate of Occupancy has been issued for the use Leased Premises or Lessee takes possession of the landLeased Premises, improvements and space below whichever occurs first. Substantially Complete is defined as when the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting build-out as described in Exhibit “C” is upon and subject complete to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it degree that any items to be kept and performedcompleted or corrected do not interfere with the Lessees ability to conduct business. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed Those items to be a warrantycompleted or corrected include, representation but are not limited to, the painting or agreement on the part staining of Landlord that the Building walls or other improvements on the Land will remain as indicated on said plandoors, completion or addition of electrical outlets, lights, baseboards, vertical blinds, millwork, glass walls, wallcoverings, etc. If the actual Commencement Date has not occurred within two (2) years of the Lease as defined herein does not occur within sixty (60) days after the target Commencement Date of the initial term of this Lease by reason of the holding over of any prior Lessee or Lessees, incomplete construction, or for any other reason, unless the same shall result from causes attributable to the Lessee, Lessee shall receive a day to day rent credit for that period of time, exceeding the 60 day period, and the term of the Lease shall be extended beyond the agreed expiration date by the number of days possession was delayed and said rent credit shall be the full extent of Lessor’s liability to Lessee for any loss or damage to Lessee on account of said delay in obtaining possession of the Leased Premises. The amount of rent credit will be based on the lower of the Base Rent less the Additional Rent identified in this Lease or the amount of rent Lessee currently pays immediately prior to the Commencement Date of this Lease. If the Leased Premises have not been tendered within ninety (90) days after the target Commencement Date, Lessee shall have the right to terminate this Lease shall automatically terminate without further action by either Landlord or Tenantif the Leased Premises is not tendered within fifteen (15) days from the date a written termination notice is delivered to the Lessor via certified mail.

Appears in 1 contract

Samples: Lease Agreement (Jacksonville Bancorp Inc /Fl/)

Leased Premises. A. Premises (a) The regional development is located in the City of Elizabeth, New Jersey and Building --------------------- is commonly known as "Jersey Gardens" or by such other name as Landlord may from time to time designate. Landlord, in consideration of the rent to be paid and the covenants to be performed by Tenant, does hereby demise and lease to Tenant unto Tenant, and Tenant does hereby rent rents from Landlord for the term herein set forth, those certain premises (herein referred to as the "leased premises") which are deemed described as set forth in the Data Sheet. As used in this Lease, the Addendum and/or Rider, if any, the following terms shall have the following meanings: (i) the term "regional development" shall refer to contain approximately 12,078 rentable the Shopping Center and the sites of the Major Tenants; (ii) the term "Major Tenant" shall refer to any occupant of premises containing 15,000 square feet of space located floor area, or more; and (iii) the term "Shopping Center" shall refer to the regional development excluding the areas occupied by Major Tenants, except as otherwise specifically stated herein. The general layout of the regional development is shown on page 1 of the fifth (5th) floor (hereinafter called attached Exhibit "A". Landlord does not warrant or represent that the "Premises")regional development will be, or has been, constructed exactly as shown thereon. The approximate location of the leased premises is designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the page 2 of Exhibit "BuildingA"). The legal description of the land on which the Building regional development is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located more particularly described on the Land are collectively referred attached Exhibit "B". In the event Landlord elects to herein as enlarge or reduce the "Property." Shopping Center, any additional or reduced area may be included or excluded by Landlord hereby reserves and Tenant shall have no right in and to (a) the use definition of the exterior faces Shopping Center for purposes of all perimeter walls; (b) the use this Lease. This Lease of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting leased premises is upon and subject to the termsall applicable budding restrictions, planning and zoning ordinances, governmental rules and regulations, municipal liens and all other encumbrances, covenants, restrictions and conditions set forth hereineasements affecting the regional development and the terms and provisions of certain declarations, underlying leases, reciprocal easement and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions operating agreements now or hereafter entered into by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantLandlord.

Appears in 1 contract

Samples: Lease (Cinema Ride Inc)

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Leased Premises. A. Premises Lessor hereby leases to Lessee and Building --------------------- Landlord does Lessee hereby lease to Tenant leases from Lessor under the terms and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable conditions set forth in this Lease a 50 feet by 50 feet, 2,500 square feet portion of space that certain parcel of real property, located on the fifth at 00000 Xxxx Xxx Xxxx Xxxx, Xxxx, XX 00000 (5th) floor (hereinafter called the "Premises"“Site”), as designated more particularly described on Exhibit “A” and shown on the Exhibit “A-1” survey or site plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land(“Leased Premises”), the ----------- Building together with a thirty foot (30’) wide easement for ingress, egress, underground utilities, and any other improvements located on purposes for which easements are required by City of Novi Ordinances, for the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use duration of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep which is more particularly described and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed shown on Exhibit “B” attached hereto and made apart a part hereof sets forth (“Easement”). The right to use the general layout ----------- Easement for the same ingress, egress, underground utilities, and other purposes may be granted by Lessee to its licensee(s) and sublessee(s) and their respective agents, employees, and contractors, so long as Lessee has provided Lessor with written notice of the Property licensee(s) and shall not be deemed sublessee(s) that have been granted such rights pursuant to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date Paragraph 24 of this Lease. The descriptions and locations of the Leased Premises and/or Easement may be amended by Lessor and Lessee based on the survey Lessee may obtain under Paragraph 3(b). Lessor represents and warrants that Lessor has good and marketable title to the Leased Premises and the Easement(s) free and clear of all liens and encumbrances, this Lease shall automatically terminate without further action by either Landlord or Tenantother than those liens and encumbrances shown on Exhibit “C” attached hereto and made a part hereof.

Appears in 1 contract

Samples: Ground Lease Agreement

Leased Premises. A. Premises and Building --------------------- CONSTRUCTION: LANDLORD LOAN TO TENANT I .l Landlord does hereby lease leases to Tenant and Tenant does hereby rent leases from Landlord those certain premises Landlord, upon and subject to the terms and provisions of this Lease, an area of approximately twenty-one thousand three hundred ninety-six 21,396 square feet in total, comprised of approximately nineteen thousand three hundred two 19,302 square feet ofindustrial space, which are deemed to contain approximately 12,078 rentable is a portion of Unit # S1l5 and two thousand ninety-four 2,094 square feet of space located on the fifth Building Common Area (5th) floor (hereinafter called the "Premises"defined below), as designated cross-hatched on the plan attached hereto as EXHIBIT A Exhibit A- I (the "Leased Premises"), which area is a part ofa building located upon a lot or parcel of land situated at Xxx Xxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, as more particularly described in Exhibit A-2 attached hereto (hereinafter referred to as the "Properly"), together with such additions and made extensions as Landlord may from time to time designate as included within the building or buildings (the "Building"),which Building is a --------- part hereof, said Premises being situated in the Building of a complex of buildings known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 Century Park (hereinafter called the "BuildingCampus"). The legal description This is a "net, net, net lease" and Tenant shall pay Tenant's Proportionate Shares (defined below) ofall expenses incurred in connection with the operation of the land Building, the Property and the Campus so that the Base Rent described in Section 4.1 will be entirely "net" to Landlord, except for (a) interest and amortization on which mortgages encumbering the Building is situated fee title at any time and (b) any estate, inheritance, income or personal taxes ofLandlord. 1.2 Prior to the "Land") is set forth Commencement Date (defined below), Tenant will, at Tenant's sole cost and expense, complete the work as provided for on EXHIBIT A-1 Exhibit B-2 attached hereto and made a part hereof The Land("Tenant's Work"). Landlord shall provide a "Tenant Improvement Loan" ofup to $25,000.00 for Tenant improvements which shall be reimbursed by Tenant to Landlord, amortized over Tenant's initial five (5) year Lease Term at five percent (5%) per year. In order to pay the Tenant Improvement Loan, Tenant shall make monthly payments to Landlord in the amount ofFour Hundred Seventy-one Dollars and Seventy-Eight Cents ($471.78) per month for sixfy (60) consecutive months beginning on September 15,2014, with the Rent due for the month ofOctober,2014, and on each succeeding I 5'h day of the month thereafter until the Tenant Improvement Loan is paid in full. 1.3 All work performed by Tenant shall be performed at Tenant's sole risk and expense and in accordance with good construction practices, applicable legal requirements and insurance requirements. In connection such construction, Tenanl agrees to comply with all of Landlord's construction and labor provisions ofthis Lease, including, but not limited to, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use provisions of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the PremisesArticle IX. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth herein, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or Tenant.j

Appears in 1 contract

Samples: Lease Agreement (Faro Technologies Inc)

Leased Premises. A. Premises In consideration of the rents, terms, provisions and Building --------------------- covenants of this Lease, Landlord does hereby lease leases lets and demises to Tenant and Tenant does hereby rent from Landlord those certain leases and takes, the following described premises which are deemed (herein referred to contain approximately 12,078 rentable square feet of space located on as the fifth (5th) floor (hereinafter called the "" Premises")): that certain office building, as designated on excluding the plan attached hereto as EXHIBIT A and made a --------- part hereofroof thereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx located at 5655 Xxxxxxxx Xxxxx, Xxx XxxxxXxxxxxxx, Xxxxxxxxxxx 00000 Xxxxxxx (hereinafter called xxrein sometimes referred to as the "Building"), containing approximately 49,720 square feet of rentable area. The legal description Building is a part of the land on which the Building is situated three-building project commonly known as Spalding Triangle Phase I (the "Land") is set forth on EXHIBIT A-1 attached hereto land and made a part hereof The Landthe improvements of said three-building project which are generally located at 3770 Data Drive, the ----------- Building 3790 Data Drive, and any other improvements located on the Land are 5655 Xxxxxxxx Xxxxx, xxe herein sometimes collectively referred to herein as the "Property." Landlord hereby reserves and Project"). A floor plan of the interior of the Premises is attached hereto as Exhibit "A". Tenant shall have no right in of access to, and no right to (a) utilize or install any machinery, signs or equipment upon, the use roof of the exterior faces Building for any purpose without the prior written consent of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the PremisesLandlord in Landlord's sole discretion. Said letting and renting is upon Upon and subject to the termsprovisions of Section 9 below and Section 10 of Exhibit "C" attached hereto, covenantsTenant is granted access to the roof of the Building for purposes of maintaining, repairing and replacing the air conditioning units servicing the Premises and for installing and using a satellite dish. Landlord and Tenant agree that the Premises consist of 49,720 square feet of rentable area regardless of the actual number of square feet of rentable area, and conditions set forth herein, and neither Landlord nor Tenant covenants as shall have the right to demand a material part change in the rent or terms of this Lease based on any remeasurement of the consideration Premises, change in commonly-used measurement standards, or otherwise. In addition to the interest in the Premises demised to Tenant under this Lease, Landlord hereby grants Tenant a nonexclusive license for so long as this Lease is in full force and effect to keep use the "Common Areas", hereinafter defined, of the Project in common with others entitled to use the Common Areas, including Landlord and perform each other tenants of the Project and their respective employees and invitees and other persons authorized by Landlord, subject to the terms and conditions of this Lease (including, without limitation, subject to the provisions of Section 6 of Exhibit "C" attached hereto), including any and all of rules and regulations promulgated by Landlord in accordance with the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date terms of this Lease. As used herein, this Lease shall automatically terminate without further action by either Landlord or Tenant.the term "

Appears in 1 contract

Samples: Lease Agreement (Serologicals Corp)

Leased Premises. A. Premises and Building --------------------- Landlord does hereby lease leases to Tenant and Tenant does hereby rent leases from Landlord those certain the premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth shown in Exhibit A (5th) floor (hereinafter called the "Premises"), containing approximately the rentable square footage set forth as designated the "Floor Area" in Item 8 of the Basic Lease Provisions and known by the suite number identified in Item 7 of the Basic Lease Provisions. This Lease includes certain furniture, fixtures and equipment located and/or installed in the Premises as of the Commencement Date which is identified on the plan Exhibit A-1 attached hereto as EXHIBIT A and made (the "FF&E"). In the event that Tenant shall notify Landlord not later than thirty (30) days following the Commencement Date of a --------- part hereof, said Premises being situated claimed material discrepancy between the FF&E located and/or installed in the Building known Premises as 000 Xxxx Xxxxx Xxxxxof the Commencement Date and the FF&E as scheduled on Exhibit A-1 attached to this Lease, Xxx XxxxxLandlord shall use its commercially reasonable efforts to pursue its rights to remedy same. The FF&E shall be leased to Tenant, Xxxxxxxxxxx 00000 without additional charge, in an "as-is" condition and without representation or warranty by Landlord whatsoever. The Premises are located in the building identified in Item 7 of the Basic Lease Provisions (hereinafter the Premises together with such building and the underlying real property, are called the "Building"). The legal description , and is a portion of the land on which project identified in Item 2 of the Building is situated Basic Lease Provisions and shown in Exhibit Y, if any (the "LandProject") ). If the Project is set forth not already completed, Landlord makes no representation that the Project, if any, as shown on EXHIBIT A-1 attached hereto and made a part hereof The LandExhibit Y, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; will be completed or that it will be constructed as shown on Exhibit Y without change, or (b) to the use extent the Project is constructed, it will not be changed from the Project as shown on Exhibit Y. All references to "Floor Area" in this Lease shall mean the rentable square footage set forth in Item 8 of the roof; Basic Lease Provisions. The rentable square footage set forth in Item 8 has been measured consistently with the measurement of all buildings in the Project, and (c) the use may include or have been adjusted by various factors, including, without limitation, a load factor to allocate a proportionate share of any vertical penetrations, stairwells, common lobby or common features or areas of the land, improvements and space below Building. Landlord agrees not to remeasure the bottom Floor Area of the lower floor slabs and above Premises during the interior surface Term (as same may be extended pursuant to Section 3.3 of the ceiling of the Premises. Said letting and renting is upon and subject to the terms, covenants, and conditions set forth hereinthis Lease), and Tenant covenants as a material part agrees that the Floor Area set forth in Item 8 shall be binding on Landlord and Tenant for purposes of this Lease regardless of whether any future or differing measurements of the consideration for this Lease to keep and perform each and all of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation Premises or agreement on the part of Landlord that the Building are consistent or other improvements on inconsistent with the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantFloor Area set forth in Item 8.

Appears in 1 contract

Samples: Hireright Inc

Leased Premises. A. Premises (a) Landlord, in consideration of the Rent (as defined in Section 2.3) to be paid and Building --------------------- Landlord the covenants to be performed by Tenant, does hereby lease and demise to Tenant Tenant, and Tenant does hereby rent rents and hires from Landlord those certain premises for the Term herein set forth, the Leased Premises which are deemed described as set forth in the Data Sheet attached hereto, in the retail development designated as Concord Mills or by such other name as Landxxxx may from time to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor time hereafter designate (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "BuildingRetail Development"). The legal description term "State" as used herein shall mean the State or Commonwealth of North Carolina. For all purposes in this Lease, a "Major Tenant" is any occupant of 20,000 square feet or more of floor area in the Retail Development and a AMajor Tenant Space@ is any space in the Retail Development containing 20,000 square feet or more. It is agreed that, wherever the term "Shopping Center" is used herein, it shall mean the Retail Development excluding the Major Tenant Spaces, except as otherwise specifically stated herein. Exhibit A sets forth the general layout of the land 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 Building is situated (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 additional stories on any building or buildings within the Retail Development, and 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 "LandLeased Premises") . The approximate location of the Leased Premises is set forth cross-hatched on EXHIBIT A-1 the lease plan of the Retail Development attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use Exhibit A. This Lease of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting Leased Premises is upon and subject to the termsall applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, existing underlying leases, and all other encumbrances, covenants, restrictions, easements and conditions set forth agreements affecting the Retail Development and the terms and provisions of certain master declaration, 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 within 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, and Tenant covenants as a material part shall retain substantially the same relative position with respect to Major Tenants of the consideration for this Lease to keep and perform each and all Shopping Center as of the said terms, covenants, and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building or other improvements on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, this Lease shall automatically terminate without further action by either Landlord or TenantDate.

Appears in 1 contract

Samples: Lease (Play Co Toys & Entertainment Corp)

Leased Premises. A. 1.1 The Leased Premises shall consist of (a) the Kamine Premises, (b) the Advance Premises, the Sprint Premises, the SAS Premises and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth Storage Space (5th) floor (hereinafter called together with the "Kamine Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are sometimes collectively referred to herein as the "Property." Landlord hereby reserves Entire Leased Premises"), as, if and Tenant shall have no right in and to (a) the use when such portions of the exterior faces of all perimeter walls; (b) the use of the roof; and Leased Premises are delivered to Tenant, (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon together in common with and subject to the termsexisting rights and those other rights granted from time to time by Landlord to others, covenantsthe non-exclusive right to use the Common Areas (hereinafter defined) and (d) together in common with other tenants of Landlord, all easements, appurtenances, hereditaments, fixtures and rights and privileges appurtenant thereto including, without limitation, those set forth in the Master Deed. Notwithstanding anything herein to the contrary, the Leased Premises does not include, and conditions set forth hereinLandlord excludes therefrom, the exterior walls and Tenant covenants as a material part roof of the consideration for this Lease to keep and perform each and all Building, as well as the land beneath the Building. Upon the delivery, if ever, of the said termsEntire Leased Premises to Tenant and for so long as Tenant leases the Entire Leased Premises, covenants, Area A and conditions by it to be kept and performed. This Lease is made upon the condition of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- of the Property and Area B (each as hereinafter defined) shall not be deemed to be a warranty, representation or agreement on the part of Landlord that the Building Leased Premises and, Tenant shall have the right to modify the existing use of Area A and Area B, so long as (i) such modifications comply with all Governmental Requirements and the provisions of Paragraph 19 herein, and do not result in such areas being deemed permanently occupied or other improvements tenanted (e.g. no employees of Tenant may permanently occupy such space), and (ii) at Landlord's sole option, Tenant, at its sole cost and expense, returns Area A and Area B to substantially the same condition as they are in on the Land will remain as indicated on said plan. If the Commencement Date has not occurred within two (2) years of the date of this Lease, prior to the earliest of the following: (x) the Expiration Date, (y) any termination of this Lease shall automatically terminate without further action by either Landlord in accordance with the terms hereof or Tenant.(z) the date on which any portion of the Entire Leased Premises is no longer leased by

Appears in 1 contract

Samples: Agreement (KMC Telecom Holdings Inc)

Leased Premises. A. Premises The Lessor, for and Building --------------------- Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord those certain premises which are deemed to contain approximately 12,078 rentable square feet of space located on the fifth (5th) floor (hereinafter called the "Premises"), as designated on the plan attached hereto as EXHIBIT A and made a --------- part hereof, said Premises being situated in the Building known as 000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000 (hereinafter called the "Building"). The legal description consideration of the land on which the Building is situated (the "Land") is set forth on EXHIBIT A-1 attached hereto and made a part hereof The Land, the ----------- Building and any other improvements located on the Land are collectively referred to herein as the "Property." Landlord hereby reserves and Tenant shall have no right in and to (a) the use of the exterior faces of all perimeter walls; (b) the use of the roof; and (c) the use of the land, improvements and space below the bottom of the lower floor slabs and above the interior surface of the ceiling of the Premises. Said letting and renting is upon and subject to the termsrents, covenants, and conditions set forth hereinagreements, and Tenant covenants stipulations hereinafter mentioned, hereby leases to the Lessee the following described premises: Space designated as Suite(s) TO BE DETERMINED comprising approximately 4788 square feet, as shown on Exhibit "A" (Site Plan) and Exhibit "B" (Suite Location and Suite Build Out) attached hereto, located at A1A and TPC Boulevard, Ponte Vendra Beach, Florida in a material part building known as Building" A "of The Veranda Project. The "standard build out" of leased space (and any additional improvements, if indicated) are shown on Exhibit "C" to this Agreement. The Lessor and Lessee have agreed to the square footage indicated above as being accurate and the sole basis for Base Rent and Additional Rent calculations in this Lease. The Lessor agrees to have the Leased Premises completed and ready for possession on or before the Commencement Date of SEPTEMBER 1 1998 barring strikes, insurrection, acts of God and other casualties or unforeseen events beyond the control of the consideration for Lessor. If Lessor will be unable to give possession of the Leased premises on or before the commencement date, Lessor will provide Lessee with no less than 30 days written notice of any delay in the commencement date and 30 days' written notice of the revised commencement date. If Lessor is unable to give possession of the Leased Premises within sixty (60) days after the scheduled commencement date of the initial term of this Lease to keep and perform each and all by reason of the said termsholding over of any prior Lessee or Lessees, covenantsincomplete construction, and conditions by it or for any other reason, unless the same shall result from causes attributable to the Lessee, there shall be an abatement of the rent to be kept paid hereunder for that period of time, exceeding the 60 day period such abatement to begin with Lessee's initial possession of Leased Premises and performed. This Lease is made upon said abatement of rent shall be the condition full extent of such performance. EXHIBIT A-2 annexed hereto and made apart hereof sets forth the general layout ----------- Lessor's liability to Lessee for any loss or damage to Lessee on account of said delay in obtaining possession of the Property and shall not Leased Premises. The amount of rent abatement will be deemed to be a warranty, representation or agreement based on the part lower of Landlord that the Building Base Rent identified in this Lease or other improvements on the Land will remain as indicated on said planamount of rent Lessee currently pays immediately prior to the Date of Commencement of this Lease. If the Commencement Date has Leased Premises have not occurred been tendered within two ninety (290) years of days after the date of this Leasescheduled commencement date, Lessee shall have the right to terminate this Lease shall automatically terminate without further action by either Landlord or Tenantafter fifteen (15) days written notice to the Lessor.

Appears in 1 contract

Samples: Lease Agreement (Sunpharm Corporation)

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