Common use of Leased Premises Clause in Contracts

Leased Premises. (a) Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 2 contracts

Sources: Ground Lease Agreement, Ground Lease Agreement

Leased Premises. (a) Pursuant a. In consideration of the payment of the rent and the performance of the promises by the Tenant, the Landlord does hereby lease to the terms and provisions hereof, Tenant the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part consisting of the Premises and subject to this Ground Lease. approximately 5,000 square feet of space located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property“Leased Premise”), together with the right to "tie-in" buildings and other improvements now or "connect" theretohereafter located thereon (“Improvements”). If Please refer to Exhibit A for an approximate floor plan of the lease area ______________ ________________ Landlord Tenant Lease Agreement terminates p. of [INSERT PAGE NUMBER] b. The Improvements leased hereunder, together with all Landlord’s right, title, and interest, if any, in and to all easements and other appurtenances thereto, are demised and let subject to (a) the rights of any parties in possession thereof and the existing state of the title thereof as of the commencement of the term of this Lease, (b) any state of facts which an accurate survey or physical inspection thereof might show, (c) all zoning regulations, restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, and (d) with respect to the Improvements, their condition as of the commencement of the term of this Lease, without representation or warranty by Landlord. Tenant represents to Landlord that Tenant has examined the title to and the physical condition of the Leased Premises prior to the termination execution and delivery of this Ground LeaseLease and has found the same to be satisfactory for all purposes hereof, and Tenant accepts the Corporation title and condition of the Board shall each have the right to install such meters Leased Premises in their respective, present condition “as is.” c. Landlord makes no representation or submeters as may be reasonably appropriate warranty with respect to the end that condition of the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Leased Premises or the Series 2009 Project on the one hand its fitness or the Servient Property or Servient Buildings on the other hand availability for any particular use, and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line Landlord shall not preclude that division wall from being the Party Wallbe liable for any latent or patent defect therein. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Advanced Cannabis Solutions, Inc.)

Leased Premises. (a) Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part In consideration of the Premises payments to Landlord and subject other terms herein, Landlord hereby leases to this Ground Lease. (b) The aforesaid leasingTenant, grantingon a non-exclusive basis, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations certain space on the Servient Property utilized for such purposes shall be reasonably agreed upon Bridge owned by the Corporation and the Board; and providedLandlord, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion comprising of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located designated space upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the City’s Bridge as authorized by individual permits issued under this Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities depicted on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property attached Exhibit 1 (hereinafter referred to as the "Lot Line"“Premises”), together with non-exclusive right of access to the Premises (“Access Areas”) provided that as reflected on Exhibit 1 or as otherwise reasonably made available by Landlord, subject to the mere fact that such terms and conditions set forth herein. Installation of any of Tenant’s Equipment and Facilities, defined below in Section 3(a), shall be limited to only the space which Tenant has been granted a division wall is found not specific permit by the City to be on the Lot Line shall not preclude that division wall from being the Party Wallaccess and install its Equipment and Facilities as described in Subsection (c) of this Section 1. (Cb) The roof During the term of this Lease, Tenant and its agents, engineers, surveyors, and other representatives upon prior reasonable notice to and consent of Landlord shall have the right to enter upon the Premises to inspect, examine, and to apply for and obtain all roof support structures licenses and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion permits required for Tenant’s use of the Project extend beyond the Lot Line, the right therefor is hereby granted Premises from all applicable governmental or regulatory entities. Any damage caused by Tenant arising from or in any way caused by Tenant’s use including installation of Equipment and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists Facilities shall be deemed the sole responsibility of Tenant. As damage to be a one part of the Premises. In addition, Premises can impact the Premises Rights include the right to utilize that portion of the Servient Property as entire Bridge and such repairs may be reasonably necessary subject to OSHA compliance, payment of prevailing wage, and other applicable requirements for work on public property, nothing in order this Lease prevents Landlord from promptly making any repairs or taking other actions related to maintain the Bridge, or causing the same to be done, and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) billing Tenant for the continued use, benefit costs of such repairs and enjoyment and continued support, service, maintenance and repair Tenant hereby agrees to reimburse Landlord for the same within thirty (30) days after receipt of all such Common Structural Elementsan invoice for same. (c) Subject A revocable installation permit (a “Permit”) shall be required for each and every installation of Tenant’s Equipment and Facilities so that Landlord can review the proposed space of each such installation for compliance with this Lease, including compliance with Exhibit 2 and City Codes, compatibility with the Bridge, and authorization rights. Prior to installation of Tenant’s Equipment and Facilities, Tenant shall apply for a Permit, on an application form provided by Landlord, and pay all applicable fees. The cost of such Permits shall be established by the Landlord in accordance with Section 510.070 of the City’s Code, as may be hereinafter amended or recodified. A Permit application shall describe the space on the Bridge that Tenant proposes to attach to (including, specifically, the exact dimensions of the portions the Bridge proposed to be utilized), the method of attachment to the Permitted EncumbrancesBridge, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full Equipment and insurable title Facilities proposed to be attached to the fee estate Bridge (with exact dimensions), and any other information that the Landlord determines is applicable within the Permit application documents. All permit requests shall be accompanied by a structural engineering analysis indicating that the work proposed in the Premises and owns unencumbered all such rightPermit shall not effect the structural integrity of the Bridge, title and interest; (ii) all consents to or approvals of this Ground Lease required by law including any piers, joists, deck, or any agreements or indentures binding other structural element of the Bridge. A Permit request shall be reviewed by the Landlord and may be denied at Landlord’s sole discretion. A Permit granted shall be limited to the specific location upon the Board Bridge and Facilities and Equipment proposed by Tenant within the specific application. If Tenant shall need additional Equipment and Facilities upon the Bridge or additional space on the Bridge not specifically authorized in an issued Permit, Tenant shall submit for, and acquire, additional Permits prior to utilizing any additional space on the Bridge or installing additional Equipment or Facilities. Tenant shall have been obtained; six (iii6) months from the Board has issuance of a Permit to complete any installation work approved. Failure to complete such work within said timeframe shall result in that specific Permit being null and void. Upon completion of the right to lease the Premises work authorized in a Permit, Tenant shall promptly provide to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none Landlord as-built schematics of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground LeaseEquipment and Facilities installed. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Leased Premises. (a) Pursuant A. The Board does, by these presents, hereby non-exclusively lease and demise to the Company, and the Company does, by these presents, hereby take from the Board, for and during the Term and upon and subject to the terms and provisions hereofand conditions of this Agreement the Airline Gate Areas, the Board hereby leasesOperations Area, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto)Ticket Counters. If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. Company has more than two (ii2) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Projectticket positions per Airline Gate Area, the Board reserves the right during the Term of this Agreement to remove one or more of such additional ticket positions from the Company’s Leased Premises by serving written notice to the Company which removal shall be effective thirty (30) days after delivery of written notice to Company. B. The Airline Gate Areas, Ticket Counters, and Operations Area shall hereinafter be referred to as Company’s “Leased Premises”. The Leased Premises is being furnished in a “where- is” and “as-is” condition. C. In connection with the Company’s lease and use of the Airline Gate Areas, Ticket Counters, and Operations Area, the Company shall have the non-exclusive right to use each such Existing School until the replacement school (being constructed under Shared Equipment and Airline Shared Space in common with other tenants at the scope of the Series 2009 Project) is completed and then occupied Airport as may be assigned by the Board under and subject to the Lease provisions of this Agreement. The Board reserves the right, from time to time, to substitute, add, remove and/or reassign portions of the Shared Equipment and Airline Shared Space to Company or other tenants at the Airport as may be determined appropriate by the Chief Executive Officer of the Board; provided the disruption to Company’s operations shall be minimized to the extent reasonably possible and such substitution, additional, removal, and/or reassignment will result in providing Company with equivalent service all as reasonably determined by the Chief Executive Officer. In making such substitutions, additions, removals, and/or reassignments, the Board shall provide thirty (30) days advance written notice to the Company, except in the case of an emergency or exigent circumstances and in such cases notice shall be given as soon as practicable. The Board specifically reserves the right to remove the automated ground transportation system as part of the Shared Equipment without a replacement for such system, provided that during the term of this Agreement for so long as the existing underground tunnel that connects Terminal 3 to Concourse A is the primary means for passenger ingress and egress to Concourse A, the Board agrees to maintain a pedestrian moving sidewalk within the underground tunnel to aid in passenger movement. The Company’s use of the Shared Equipment, Airline Shared Space, Airline Gate Areas, Ticket Counters, Operations Area and other facilities, operations, and equipment at the Airport shall be subject to such procedures, limitations, requirements, protocols, and/or operational guidelines as may be set forth in the Board’s Operational Manual, as the same may be amended, from time to time, in the reasonable discretion of the Chief Executive Officer during the term hereof (the “Operational Manual”). The Operational Manual shall be in writing. Any changes to the Operational Manual shall be furnished by the Board to the Company and such changes shall be effective as of the effective date specified by the Board. The Board shall furnish changes to the Operational Manual thirty (30) days in advance of the effective date of such changes, except in the case of an emergency or exigent circumstances and in such cases notice shall be given as soon as practicable and effective when delivered to the Company. Changes to the Operational Manual that are furnished to local station managers or other local representatives of the Company shall be binding on the Company. Changes to the Operational Manual shall not be inconsistent with the terms of this Agreement. The Company shall adhere to the requirements of the Operational Manual. The Company shall operate the Board’s equipment associated with an Airline Gate Area and Ticket Counters within normal operating capacity, consistent with manufacturer recommendations, and without abuse. To the extent the Operational Manual permits employees of the Company to operate the Shared Equipment, the Company shall insure that only properly trained and supervised employees use the Shared Equipment, within normal operating capacity, consistent with manufacturer recommendations and without abuse. The Company’s use of the Shared Equipment is “where-is” and “as-is” with all faults, subject to the maintenance obligations specified in Section IX . D. In connection with the Company’s lease and use of an Airline Gate Area, the Company shall have the right to use the hydrant fuel line at the Airline Gate Area, subject to entering into such agreements as Delta may reasonably require. Upon entering into such agreements as Delta may reasonably require, the hydrant fuel line at an Airline Gate Area shall form part of the Airline Gate Area for purposes of this Agreement.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Leased Premises. (a) Pursuant Subject to the terms terms, provisions and provisions hereofconditions hereinafter set forth, and in consideration of the Board covenants of payment and performance stipulated herein, Landlord has leased, demised and let and by these presents does hereby leaseslease, grantsdemise and let unto Tenant, demises and transfers for the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further uses described in Section 1(d1.03, that certain parcel of land (the “Land”) belowmore particularly described on Schedule A attached hereto and made a part hereof) together with all structures, improvements and additions thereon consisting of, inter alia, an approximately 107,654 square foot building (the “Building”) and the adjacent parking structure (collectively, the “Improvements”) known and numbered as ▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, and all rights, easements, appurtenances, privileges and advantages belonging thereto. The Board hereby agrees Land and Improvements are hereinafter collectively referred to make all parcels of real property on which as the Series 2009 Project is sited part of “Demised Premises” or “Premises”, to have and to hold the Premises unto Tenant, and the Tenant’s permitted successors and assigns for and during the term hereinafter set forth subject to this Ground Leasethe terms, covenants and conditions hereinafter set forth. (b) The aforesaid leasing, granting, demising Landlord represents and transfer warrants to Tenant that on the date of delivery of possession of the Premises also includes to Tenant to Landlord’s knowledge, without due inquiry, (a) there are no violations of any statutes, laws, ordinances, orders, rules, regulations and other governmental requirements relating to the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part use, condition and occupancy of the Premises: (i) The right to utilize , or any rules, orders, regulations and requirements of the Servient Property for Access and for board of fire underwriters, or any similar body having jurisdiction over the Services reasonably necessary to the full use and enjoyment Premises that would prevent or delay Tenant’s occupancy of the Premises; provided that , (b) the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as Premises may be reasonably appropriate to used for general office purposes under the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings current zoning laws and the Series 2009 Project may contain certain elementsrestrictions, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none as of the Permitted Encumbrances has an adverse effect on Commencement Date, all building systems (other than the use of the Premises HVAC system, as to which Landlord makes no representations or the enjoyment of the leasehold estate therein created under this Ground Lease. warranties) are in working order, and (d) To the extent Landlord has not received notice of any violation of any environmental laws and regulations and there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed exists no hazardous wastes thereon except those stored and then occupied by the Board under the Lease Agreementkept in accordance with all laws.

Appears in 1 contract

Sources: Lease Agreement (GTJ REIT, Inc.)

Leased Premises. (a) Pursuant In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and provisions hereofconditions herein set forth, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further premises described in Section 1(d1.01(I) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line"“Leased Premises”), located in an office building development referred to in Section 1.01(H) provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively hereinafter referred to as "Flooring"the “Building”). Should The legal description for the Flooring 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 Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right perimeter walls of the Series 2009 Project building to encroach upon the Servient Property as a result center of minor inaccuracies in survey, construction or reconstruction or due to settlement or movementthe interior walls. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion exterior walls and roof of the Servient Property on which same exists shall be deemed to be a part of Leased Premises and the Premises. In addition, areas beneath said Leased Premises are not demised hereunder and the Premises Rights include use thereof together with the right to utilize that portion install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Leased Premises in locations which will not materially interfere with Tenant’s use thereof and serving other parts of the Servient Property building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Leased Premises as may be reasonably necessary in order to maintain and repair enable access by Landlord to the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor balance of the Corporation 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 like rights are hereby reserved unto the Board) for the continued useas far as practicable to minimize annoyance, benefit and enjoyment and continued supportinterference or damage to Tenant when making modifications, service, maintenance and repair of all such Common Structural Elements. (c) additions or repairs. Subject to the Permitted Encumbrancesprovisions of Article VIII and Section 27.11, the Board hereby warrants that (i) the Board owns the Premises in fee simple titleTenant and its customers, has full agents and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board invitees have been obtained; (iii) the Board has the right to lease the Premises non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to the Corporation pursuant non-exclusive areas, Tenant shall cause its employees to the terms park their cars only in areas specifically designated from time to time by Landlord for that purpose and provisions hereof and shall actively police employees to grant keep them from parking in “visitor” or other restricted parking areas. Tenant shall be entitled to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of covered parking spaces in accordance with the Premises or the enjoyment provisions of the leasehold estate therein created under this Ground LeaseSection 1.01(S). (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease Agreement (Lifevantage Corp)

Leased Premises. In the event that any of the Premises are leased, subleased or licensed by Licensor or its subsidiary pursuant to a master lease, sublease or license (“Master Lease”) of the Premises between Licensor or its subsidiary and the owner of the Premises (“Master Lessor”) the following additional provisions shall apply as to such Licensed Premises: (a) Pursuant if the Master Lease terminates for any reason, this License shall terminate concurrently therewith as to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporationsuch Licensed Premises; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of Licensee shall also have the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The non-exclusive right to utilize use the Servient Property for Access and for common areas outside the Services reasonably necessary to the full use and enjoyment of the Premises; provided applicable Premises that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, Licensor has the right to utilize for use under the Master Lease; (c) Licensor shall perform all of its obligations under the Master Lease to the extent Licensee has not expressly agreed to perform such purposes obligations under this License; provided, however, nothing herein shall prevent Licensor from terminating any portion Master Lease; (d) Licensor, with respect to the obligations of Master Lessor under the Servient Property Master Lease, shall request Master Lessor in writing to perform such obligations as and when requested to do so by Licensee, and to use Licensor’s reasonable efforts to obtain Master Lessor’s performance; (e.g.e) Licensee shall not do or permit anything to be done in, about or with respect to the Servient Property Rights Premises which would violate the Master Lease, and shall include, but not necessarily be limited to, comply with all restrictions set forth in the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines Master Lease and all rules and regulations promulgated from time to time located upon by Master Lessor; (f) Licensee shall obtain the Servient Propertyprior written consent of Licensor and Master Lessor with respect to any act which, together with if performed by Licensor, would require Master Lessor’s approval under the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Master Lease, the Corporation and the Board shall each have the right to install such meters or submeters as consent of Licensor may be reasonably appropriate withheld if Master Lessor’s consent is not obtained; (g) each provision under the Master Lease in which Licensor is required to the end that the Corporation is charged for consumption of such utilities on the Premises. (i) indemnify, release or waive claims against Master Lessor and (ii) The Servient Buildings execute and the Series 2009 Project may contain certain elementsdeliver documents or notices to Master Lessor, features or parts which are structural elements of shall be binding on Licensee as to such Licensed Premises as if incorporated fully herein and shall run from Licensee to both the Servient Buildings Master Lessor and the Series 2009 Project Licensor; (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited h) this License shall be at all times subject and subordinate to the following: Master Lease; and (Ai) All utility linesin the event that Master Lessor objects to the occupancy of Licensee hereunder or declares or threatens to declare Licensor in default under the Master Lease due to the occupancy of Licensee hereunder, ductsLicensee shall vacate the applicable Licensed Premises immediately upon notice from Licensor, conduitsthis License shall be deemed terminated immediately as to such Licensed Premises. Licensee shall be solely responsible for, pipes and other utility fixtures shall indemnify, defend, protect and appurtenances which are located on hold harmless Licensor, from all losses, costs, damages, claims and liabilities incurred by Licensor or within either Licensee as a result of any action taken by the relevant Master Lessor with respect to any breach by Licensor of the relevant Master Lease in permitting Licensee to so occupy the relevant Licensed Premises without obtaining the required consent. Licensee shall not be entitled to make any claim or demand against, or obtain reimbursement from, Licensor with respect to any costs, losses, claims, liabilities or damages incurred by Licensee as a consequence of being obliged to vacate a Licensed Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and whichin obtaining alternative premises, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting enforcement action which a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reservedMaster Lessor may take against Licensee. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Agilent Technologies Inc)

Leased Premises. Landlord hereby leases to Tenant those certain portions of the rooftop of a building (athe “Building”) Pursuant located at the Site Address indicated on the first page of this Agreement and containing approximately square feet, together with any and all improvements, appurtenances, rights, privileges and easements benefiting, belonging or pertaining thereto, which is more particularly described in Exhibit D, attached hereto and made a part hereof (collectively the “Leased Premises” or “Premises”). In connection with the Leased Premises, Landlord also hereby grants to Tenant a royalty-free, irrevocable license coterminous with the terms and provisions hereofLease Term (as defined hereinafter), inclusive of the Board hereby leasesTenant Removal Period (as defined hereinafter), grants, demises and transfers to other portions of the Premises Building and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property land on which the Series 2009 Project Building is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing"“Property”) to the extent interrelated between the Series 2009 Project that are necessary and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed appropriate for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title Tenant’s access to the fee estate in Leased Premises, including ingress and egress rights to the Premises and owns unencumbered all such right, title and interestProperty; (ii) all consents to or approvals the delivery, temporary storage and staging of this Ground Lease required by law or any agreements or indentures binding upon materials, equipment and the Board have been obtainedcomponents of the Solar Array (as defined hereinafter); (iii) the Board has interconnection of the right to lease the Premises Solar Array to the Corporation pursuant electrical infrastructure of the local electric utility, which may include but is not limited to access to the terms electrical room of the Building and provisions hereof and to grant to the Board transformer on the Premises RightsProperty; and (iv) this Ground Lease complies other related and ancillary uses that from time to time may be useful or necessary in connection with all the requirements siting, erection, construction, reconstruction, installation, replacement, relocation, removal, operation, repair and restrictions maintenance of record applicable to the Solar Array on the Premises (collectively in the case of (i), (ii), (iii) and (iv), the Servient Property. The Board represents and warrants “Licensed Area”); provided, however, that none any such use or occupancy of the Permitted Encumbrances has an adverse effect on the foregoing Licensed Areas by Tenant shall not unreasonably interfere with Landlord’s or Landlord’s tenants, if any, use of the Premises or the enjoyment of the leasehold estate therein created under this Ground LeaseProperty. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease Agreement

Leased Premises. (a) Pursuant Lessor hereby leases to Lessee, and Lessee agrees to take and lease from Lessor the Premises, including all additions and any improvements existing thereon, or to be made thereon, for purposes set forth herein, and the Lessee agrees to take the Premises for its use, subject to the terms and provisions hereofconditions set forth herein and to occupy and equip thereon at its own expense an aircraft storage hangar of approximately XXXX square feet as described in Exhibit “A”. However, it is specifically agreed by the Lessee, that in the event, as determined in the sole and absolute discretion of the Authority it becomes necessary for airport purposes, the Board hereby leasesAuthority may, grantsupon one hundred twenty (120) days advance written notice from the Authority to the Lessee, demises and transfers relocate, expand or reduce the Premises and granted herein for permanent relocations. In cases of temporary relocations (no more than 90 calendar days) due to construction and/or maintenance activities, the Series 2009 Project, other than Authority will endeavor to attempt to notify Lessee as much in advance as possible under the Designated Equipment, to circumstances. In the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided event that the locations on the Servient Property utilized for Authority shall elect to do so in such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property case as a result of minor inaccuracies permanent relocation, it shall use its best efforts to provide suitable replacement space, comparable in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed size for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right Lessee. If alternative space to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then be occupied by the Board under Lessee is not available to the Lease AgreementLessee within one hundred and twenty (120) days after the notice of relocation, expansion or contraction of the Premises by the Authority, this Agreement will be deemed to have been canceled by the Authority in accordance with provisions of the first paragraph of Subsection 13.02 hereof.

Appears in 1 contract

Sources: Ground Lease Agreement

Leased Premises. (a) Pursuant to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any That portion of the Servient Property (e.g.Building indicated in red on Exhibit B, on the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Propertyfloor(s) indicated thereon, together with the right to "tie-in" or "connect" thereto)a common area percentage factor determined by Landlord, resulting in an aggregate of approximately 1,159 net rentable square feet. If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements Leased Premises also include, but are not necessarily 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 installation space located in and through portions of the 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 defined) and such additional telephone cables, conduits and 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 other tenants of Building. Any damage done to the building, including but not limited to the following: (A) All utility lineslease space, ductsby any contractor working for the tenant shall be fully repaired at LESSEE'S sole expense. The location and configuration of Tenant's Equipment in the Utilities Installation Space shall be designated by Tenant, conduits, pipes and other utility fixtures and appurtenances subject to Landlord's consent which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being be unreasonably withheld or delayed. "Tenant's Equipment" shall mean all electronic computerized equipment and components necessary or appropriate for the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures includingoperation of Tenant's business, including without limitation, the roof covering(a) all cable, roof trim telephone switching equipment, environmental control equipment, power equipment, and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto auxiliary equipment within the Premises, including the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises RightsUtility Installation Space; and (ivb) this Ground Lease complies with all cables within conduits throughout the requirements entire Premises. Tenant shall procure and restrictions of record applicable to the Premises install all such Tenant's Equipment at its sole cost and the Servient Property. The Board represents and warrants that none expense without obtaining consent of the Permitted Encumbrances has an adverse effect on Landlord therefor. Landlord hereby acknowledges that all of Tenant's Equipment shall, notwithstanding the use incorporation of any of the Premises or same into the enjoyment Premises, at all times remain the property of the leasehold estate therein created under Tenant. Tenant hereby acknowledges that Landlord is not liable in any way for the installation and/or operation and/or maintenance of this Ground Leaseequipment. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Office Lease (Access Integrated Technologies Inc)

Leased Premises. Landlord leases to Tenant and Tenant rents from Landlord the 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 (a) Pursuant to the terms and provisions hereof, "Premises"); containing the Board hereby leases, grants, demises and transfers floor area set forth in Item 8 of the Basic Lease Provisions. The building in which the Premises and are situated (which together with the Series 2009 Projectunderlying real property, other than is called the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises RightsBuilding") which such Premises Rights shall be deemed to be is a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property project described in Item 2 (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or Project"connect" thereto). If the Lease Agreement terminates prior With respect to the termination of this Ground Leaseforegoing Building and any other building in which Tenant leases at least one full floor, the Corporation and the Board Tenant shall each also have the right to install such meters or submeters as may be reasonably appropriate use a proportionate share of the shafts, risers and conduits to the end that the Corporation is charged for consumption of building roof and between floors, provided such utilities on the Premises. (ii) The Servient Buildings use does not interfere with building systems and the Series 2009 Project may contain certain elementscomplies with all applicable laws, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes codes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildingslegal requirements. Should the Roofing of any building constituting a portion Upon completion of the Project extend beyond Building shell, Landlord shall cause its architect to recalculate the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part rentable area of the Premises. In additionIf Landlord's architect determines that the rentable square footage of the Premises differs from that set forth in the Basic Lease Provisions, then Landlord shall so notify Tenant and Tenant shall be afforded a period of fifteen (15) days to review such determination; provided that in the event Tenant disputes the calculation within that period, the Premises Rights include matter shall be resolved by arbitration in accordance with Section 14.7. Should it be finally determined that the right to utilize rentable area differs from that portion set forth in Item 8 of the Servient Property Basic Lease Provisions, the Basic Rent (as may be reasonably necessary shown in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor Item 6 of the Corporation (and like rights are hereby reserved unto the BoardBasic Lease Provisions) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject shall be promptly adjusted in proportion to the Permitted Encumbranceschange in square footage, which adjustment shall be retroactive (if applicable) to the Board hereby warrants that (i) Commencement Date. In determining the Board owns rentable area of the Premises, Landlords architect shall calculate the usable area of the Premises in fee simple titleaccordance with the standards of ANSI/BOMA Z65.1-1996, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use rentable areas of the Premises or shall equal that usable area multiplied by a load factor of 1.08 (which load factor shall only apply to the enjoyment initial Building leased in its entirety hereunder). Promptly following the final determination of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Projectrentable area, the Board reserves parties shall memorialize the exclusive right adjustments, if any, by executing an amendment to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied this Lease prepared by the Board under the Lease AgreementLandlord.

Appears in 1 contract

Sources: Office Space Lease (Pimco Advisors Holdings Lp)

Leased Premises. (a) Pursuant The LESSOR hereby leases to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises LESSEE and the Series 2009 Project, other than LESSEE hereby leases from the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be LESSOR approximately 1,800 rentable square feet being a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If Suite 306 and as defined in the Lease Agreement terminates prior to the termination Schedule listed below in section 2 of this Ground Leaseagreement and identified on Exhibit A, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elementslocated at 1▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project Maynard, MA (hereinafter referred to as "Common Structural Elements"141 P▇▇▇▇▇). Such Common Structural Elements include, but are not necessarily limited The LESSEE shall have as appurtenant to (and to the following: extent necessary for the uses permitted hereunder) the right to use 24 hours per day, 7 days per week, for their intended purposes, in common with the LESSOR and all others, including other tenants of 141 P▇▇▇▇▇ and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, , and ii) other common areas of 141 P▇▇▇▇▇ (Acollectively hereinafter referred to as the Common Areas or the Facilities). In addition to the rights reserved to the LESSOR in this Lease, LESSOR also reserves the right from time to time, to: construct additions to the Building(s); make alterations to the Building(s); adjust the Total Rentable Area of the Building(s) All utility linesand 141 P▇▇▇▇▇ and LESSEE’S Proportionate Share thereof (as hereinafter defined); change the size, location or arrangement of Common Areas, install, use, maintain, relocate, repair and replace pipes, ducts, conduits, pipes wires, fixtures, facilities, meters and other utility fixtures and appurtenances which are located on equipment for service to or within either in the Leased Premises or to 141 P▇▇▇▇▇; also to relocate any other Facility, and grant easements or other rights in the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and whichCommon Areas, directly or indirectlyif necessary. All changes shall be reasonable, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided require that the mere fact that such a division wall is found changes can not to be on unreasonably infringe upon LESSEE’S business operation or use of the Lot Line leased premises, and shall require advance notice. The LESSEE shall not preclude that division wall from being the Party Wall. be entitled to any compensation or abatement of Base Rent (Cas hereinafter defined) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures or Additional Rent (collectively, the "Roofing"as herein after defined) to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for the granting of such easements so long as such encroachment exists, that portion of LESSOR does not diminish the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the LESSEE’S right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the quiet enjoyment of the leasehold estate therein created under this Ground LeaseLeased Premises and its contemplated operation as an office suite, and for general office use incident thereto and for no other purposes. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Commercial Lease (MYnd Analytics, Inc.)

Leased Premises. A. In consideration of all Tenant’s undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the satisfaction of all of the conditions set forth in Section 3 of this Lease (aor waiver thereof), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the “Premises”) Pursuant that are part of the Building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in North Sioux City, South Dakota in the suite/floor area designated in Section 1(a)(2) of the Data Sheet and as shown outlined on the leasing plan attached hereto as Exhibit A, and containing the approximate number of rentable square feet set forth in Section 1(b). B. During the Term of this Lease, Tenant shall have the right to use, subject to the terms and provisions hereofof this Lease, the Board hereby leasesRules and Regulations referenced in Section 16 below, grantsand all covenants, demises conditions and transfers restrictions now or hereafter affecting the Premises Building, the Premises; provided, however, within five (5) days of the Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant. Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and restrictions of which Landlord has actual knowledge. C. During the Series 2009 ProjectTerm of this Lease, other than Tenant shall have the Designated Equipment, right at no additional cost to Tenant to the Corporation; subject to certain limited non-exclusive use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes existing 500 KW generators upon the following rights terms and conditions: ("Premises Rights"i) which such Premises Rights in no event shall Landlord be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary making any representation and/or warranty with respect to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities condition or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption fitness of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to generator except as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interestset forth herein; (ii) Tenant shall be responsible for its pro-rata cost of all consents maintenance and operation associated with the generator (as billed by Landlord within thirty (30) days following the delivery of such ▇▇▇▇, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the existing generator, or running new feeds to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtainedappropriate distribution panels; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms Tenant shall use such generator in accordance with applicable laws, codes, ordinances and provisions hereof and to grant to the Board the Premises Rightsregulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators. D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a particular purpose or any other thing or nature whatsoever. Tenant shall be responsible for the cost of any transportation and reconfiguration of any such items. E. Pending completion of fit-up for the Premises, Tenant shall have the use of temporary space provided by Landlord under the same terms and conditions as this Ground Lease complies with all Lease. F. Subject to existing rights of other Tenants, Tenant shall have a right of first refusal to enter into a lease for the requirements and restrictions remaining approximately 63,641 square feet of record applicable space adjacent to the Premises and on the Servient Property. The Board represents and warrants that none second floor of the Permitted Encumbrances has an adverse effect Building on the use same terms and conditions contained in this Lease (the “Right of First Refusal”). In the Premises or event Landlord desires to lease such additional 63,641 square feet of space, Landlord shall, subject to existing rights of other Tenants, offer the enjoyment space to Tenant by notifying the Tenant in writing (the “Right of First Refusal Notice”). If Tenant does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the leasehold estate therein created under this Ground LeaseRight of First Refusal Notice, Landlord shall be free to lease the space to any third party. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease (MPC Corp)

Leased Premises. (a) Pursuant The Landlord by these presents does hereby lease and rent to the Tenant, and said Tenant hereby agrees to lease and take upon the terms and provisions hereofconditions set forth herein 24,412 square feet (the "leased premises") in a building located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (said leased premises being shown in red outlining on the Board hereby leasesplan 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, grantsand 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, demises Landlord shall have the right to change the area or areas designated for permitted parking by the Tenant, but Landlord shall not exercise this right unless reasonably necessary to do so and transfers the Premises and the Series 2009 Project, other in no event shall Landlord provide less than the Designated Equipment, ninety (90) spaces for Tenant's use which shall be in reasonable proximity to the Corporation; leased premises. Tenant shall not park abandoned vehicles in the parking lot. The leased premises is to be 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 certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises such uses being permitted by federal, state and subject to this Ground Lease. (b) The aforesaid leasinglocal laws, grantingordinances, demising rules and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: regulations; however, (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and providedhazardous wastes, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines as defined in ISRA from time to time located upon (ISRA is defined in Section 34 hereof), shall not be generated in the Servient Propertyleased premises, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as except Tenant may be reasonably appropriate to a small quantity generator as defined in the end that the Corporation is charged for consumption of such utilities on the Premises. New Jersey environmental laws, and (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are Tenant will not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such have a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property Standard Industrial Classification Code as a result of minor inaccuracies chemical manufacturer nor will hazardous substances, as defined in surveyISRA from time to time, construction be stored or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate manufactured in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to leased premises as a major product or approvals as a major component of this Ground Lease required by law or any agreements or indentures binding upon a product manufactured in the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Leaseleased premises. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

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

Leased Premises. (a) Pursuant to The regional development is located in the terms City of Elizabeth, New Jersey and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, is commonly known as "Jersey Gardens" or by such other than the Designated Equipment, to the Corporation; subject to certain limited use reservations name as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines Landlord may from time to time located upon designate. Landlord, in consideration of the Servient Property, together with the right rent to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation be paid and the Board shall each have covenants to be performed by Tenant, does hereby demise and lease unto Tenant, and Tenant hereby rents from Landlord for the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. term herein set forth, those certain premises (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter herein referred to as the "Lot Lineleased premises") provided that which are described as set forth in the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitationData Sheet. As used in this Lease, the roof coveringAddendum and/or Rider, roof trim and roof drainage fixtures (collectivelyif any, the "Roofing") to following terms shall have the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that following meanings: (i) the Board owns the Premises in fee simple title, has full and insurable title term "regional development" shall refer to the fee estate in Shopping Center and the Premises and owns unencumbered all such right, title and interestsites of the Major Tenants; (ii) all consents the term "Major Tenant" shall refer to any occupant of premises containing 15,000 square feet of floor area, or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtainedmore; and (iii) the Board has the right to lease the Premises term "Shopping Center" shall refer to the Corporation pursuant 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 attached Exhibit "A". Landlord does not warrant or represent that the regional development will be, or has been, constructed exactly as shown thereon. The approximate location of the leased premises is designated on page 2 of Exhibit "A". The legal description of the regional development is more particularly described on the attached Exhibit "B". In the event Landlord elects to enlarge or reduce the Shopping Center, any additional or reduced area may be included or excluded by Landlord in the definition of the Shopping Center for purposes of this Lease. This Lease of the leased premises is subject to all applicable budding restrictions, planning and zoning ordinances, governmental rules and regulations, municipal liens and all other encumbrances, covenants, restrictions and easements affecting the regional development and the terms and provisions hereof of certain declarations, underlying leases, reciprocal easement and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises operating agreements now or the enjoyment of the leasehold estate therein created under this Ground Leasehereafter entered into by Landlord. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease Agreement (Cinema Ride Inc)

Leased Premises. (a) Pursuant to Landlord, in consideration of the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises payment of Rent and the Series 2009 Projectperformance by Tenant of all other terms, other than the Designated Equipment, to the Corporation; covenants and conditions of this Lease (subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees notice and cure provisions set forth herein, if applicable), leases to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient PropertyTenant, together with the right in common with others to "tiethe Common Areas as described in Exhibit B, the Premises located in the Building. Tenant accepts the Premises, the Building and the Common Areas “AS-in" IS”, without any representation or "connect" thereto)warranty of any kind, express or implied, by Landlord, other than as expressly set forth in this Lease. If Landlord has exclusive control of all Common Areas, subject to Tenant’s use and access rights, if any, described in Exhibit B. Landlord and Tenant stipulate and agree to the rentable square footages set forth in the “Basic Terms and Definitions” Section, without regard to actual measurements. Notwithstanding the foregoing, in the case of a change to the Project, Landlord may in its sole discretion measure the rentable square footages of the Premises, the Building or the Project (based on the appropriate BOMA standard) and update Tenant’s Share and/or the square footage of the Premises for all purposes under this Lease by delivery of written notice to Tenant. Landlord represents and warrants to Tenant that as of the Lease Agreement terminates prior to Commencement Date, (i) the termination of this Ground LeaseSystems, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof coveringHVAC System serving the Premises, roof trim (other than any alteration or modification to the Systems performed by Tenant, any special equipment or systems installed by or for Tenant, and roof drainage any change or damage to the Systems caused by the moving and installation of Tenants’ Property, fixtures (collectivelyand equipment in the Building) shall be in good working order, the "Roofing") unless and to the extent interrelated between damaged by the Series 2009 Project acts or omissions of Tenant or any Tenant Party, and (ii) the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot LinePremises shall be in material compliance with all Applicable Laws, the right therefor is hereby granted unless and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property a compliance obligation arises as a result of minor inaccuracies in surveythe acts or omissions of Tenant or any Tenant Party, construction provided Landlord shall have no liability or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed responsibility for as long as same exist and, for so long as any breach of this representation and warranty unless Tenant delivers notice of such encroachment exists, that portion breach within one (1) year of the Servient Property on which same exists shall be deemed to be a part Lease Commencement Date. Should any of the Premises. In additionSystems serving the Premises (including, without limitation, the Premises Rights include HVAC System serving the right Premises) fail during the period commencing on the Lease Commencement Date to utilize August 31, 2025 (the “Warranty Period”), then provided Tenant adheres to the Service Contract and Maintenance requirements described in this Lease and that portion such failure is not the result of Tenant’s negligence, abuse or misuse, any alteration or modification to the Systems performed by Tenant, any special equipment or systems installed by or for Tenant, and any change or damage to the Systems caused by the moving and installation of Tenants’ Property, fixtures and equipment in the Building, then Landlord shall promptly repair or replace, as necessary, said System upon written notice from Tenant delivered to Landlord prior to the end of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor Warranty Period (time being of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elementsessence). (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease (Unusual Machines, Inc.)

Leased Premises. 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. (aSuch tract is hereinafter referred to as the “Property”). Landlord owns the Building on the Property referred to in Section 1.01(H) Pursuant 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 and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Rental Term and upon the terms and provisions hereofconditions herein set forth, the Board hereby leasesLeased Premises described in Section 1.01(I), grants, demises 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 exterior walls and transfers roof of the Leased Premises and the Series 2009 Projectareas beneath the Leased Premises are not demised hereunder, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, use thereof together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Leaseinstall, the Corporation maintain, use, repair, and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility linesreplace pipes, ducts, conduits, pipes and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion parts of the Project extend beyond Building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Leased Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair enable access by Landlord to the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor balance of the Corporation 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 shall use reasonable efforts so as to not commit waste upon the Leased Premises and like rights are hereby reserved unto as far as practicable shall not materially and adversely interfere with Tenant’s use of the Board) for Leased Premises and shall minimize annoyance, interference or damage to Tenant and the continued useLeased Premises when making modifications, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) additions or repairs. Subject to the Permitted Encumbrancesprovisions of Article VIII and Section 27.11, the Board hereby warrants that (i) the Board owns the Premises in fee simple titleTenant and its employees, has full contractors, customers, agents and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board invitees have been obtained; (iii) the Board has the right to lease the Premises non-exclusive use, in common with existing tenants of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, 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. Landlord shall have the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to designate, in its sole business judgment, certain spaces as “visitor” parking spaces and Tenant shall use each its best efforts to cause its employees not to park in such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreementvisitor parking.

Appears in 1 contract

Sources: Lease Agreement (Majesco Entertainment Co)

Leased Premises. (a) Pursuant A. Landlord demises and leases to the terms Tenant, and provisions hereofTenant leases and takes from Landlord, the Board hereby leases, grants, demises and transfers the Leased Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If use for ingress to and egress from the Lease Agreement terminates prior to the termination of this Ground LeaseLeased Premises, in common with others, the Corporation Common Areas. Landlord has the exclusive right, subject to any express limitation set forth in Section 4.04 and Article XIX hereof, to (i) use the Board shall each have exterior faces of all perimeter walls of the right to install such meters or submeters as may be reasonably appropriate to Building, the end that roof and all air space above the Corporation is charged for consumption of such utilities on the Premises. Building and (ii) The Servient Buildings install, maintain, use, repair and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility linesreplace pipes, ducts, cables, conduits, pipes plumbing, vents, utility lines and wires to, in, through, above and below the Leased Premises and other parts of the Building; provided, that if any such pipes, ducts, cables, conduits, plumbing, vents, utility fixtures lines and appurtenances which wires are located on installed in the Leased Premises by Landlord pursuant to this Article II or Section 7.02, then (a) Landlord shall use reasonable efforts to either install such items within either or behind the walls or above the ceiling or as near to a wall or ceiling of the Leased Premises as is reasonably practicable or otherwise minimize the Series 2009 Project impact such items may have on the one hand or interior design of the Servient Property or Servient Buildings on the other hand Leased Premises, and which, directly or indirectly, in (b) Landlord shall repair any way, service the otherdamage caused by such installation. (B) All division walls (hereinafter referred B. Provided Tenant has delivered to as "Party Walls") between Landlord evidence reasonably satisfactory to Landlord that all insurance required to be carried by Tenant and its contractor hereunder is effective, Tenant shall have access to the Series 2009 Project and the Servient Buildings Leased Premises immediately upon the common line between Term Commencement Date; provided, however, Tenant shall not be entitled to make any alterations or improvements to the Leased Premises until the Plans (as defined in the Work Agreement) have been finally approved by Landlord in accordance with the Work Agreement. Except for purposes of constructing the Tenant Work in accordance with the Work Agreement, Tenant shall not be permitted to occupy the Leased Premises for purposes of conducting its business therein or for any other purpose, unless and until Tenant delivers to Landlord a certificate of occupancy and any other approvals required for Tenant’s occupancy of the Servient Property (hereinafter referred to as Leased Premises from any governmental authorities having jurisdiction over the "Lot Line") provided Leased Premises, all of which shall be obtained by Tenant at Tenant’s sole cost and expense. If Landlord notifies Tenant that the mere fact Leased Premises are otherwise available for Tenant to take possession thereof, but Tenant is not permitted to take possession of the Leased Premises because Tenant has failed to deliver to Landlord evidence reasonably satisfactory to Landlord that such a division wall is found not all insurance required hereunder to be on the Lot Line shall not preclude that division wall from being the Party Wall. carried by Tenant and its contractor is effective, then (Ci) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists Landlord shall be deemed to have tendered possession of the Leased Premises to Tenant, (ii) neither the Term Commencement Date, nor the Rent Commencement Date shall be delayed as a result thereof, and (iii) Tenant shall be entitled to access the Leased Premises when such evidence of insurance has been delivered to Landlord. C. In the event that as of the Term Commencement Date the Common Restrooms are in violation of any laws, rules, regulations or legal requirements, then in effect, of any governmental authority having jurisdiction over the Building or the Leased Premises (an “Existing Common Restroom Violation”) and Tenant notifies Landlord of such Existing Common Restroom Violation within 30 days after the Term Commencement Date (“Violation Notice Date”) and prior to making any improvements or alteration (other than cosmetic alterations such as painting and floor and wall covering), Landlord shall either (i) make such improvements or alteration required to cure any such Existing Common Restroom Violation, or (ii) reimburse Tenant for the reasonable cost of such improvements or alteration required to cure any such Existing Common Restroom Violation, provided such costs are approved by Landlord in advance. Notwithstanding anything contained herein to the contrary (including the provisions of Section 10.04 and 4.02.B), in the event that Tenant makes any alteration to any component of the Common Restrooms to which any such Existing Common Restroom Violation applies, Landlord shall not have any obligation with respect to such Existing Common Restroom Violation and Tenant shall be required to bring such component into compliance with any and all laws, rules, regulations and legal requirements of any governmental authority having jurisdiction over the Building or the Leased Premises (including curing any Existing Common Restroom Violation). In addition, notwithstanding any other provision of this Lease to the contrary (including the provisions of Section 10.04 and 4.02.B), from and after the Violation Notice Date, Tenant, as a part of the Premises. In additionTenant Work and at its sole cost, shall be required to cure any Existing Common Restroom Violation, unless Tenant has given Landlord notice of such Existing Common Restroom Violation prior to the Premises Rights include Violation Notice Date and Tenant does not alter the right to utilize that portion component of the Servient Property as may Common Restrooms to which such Existing Common Restroom Violation applies. Tenant shall also be reasonably necessary in order responsible for the cost of any Tenant Work or Alteration to maintain and repair the Series 2009 ProjectCommon Restrooms undertaken by Tenant, including any improvements that exceed current code. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements cost incurred in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, serviceconnection with Landlord’s repair, maintenance and repair cleaning of all such the Common Structural Elements. (c) Subject Restroom shall be included in Operating Costs, subject to and in accordance with the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals terms of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Office Lease Agreement (Opnet Technologies Inc)

Leased Premises. (a) Pursuant Land - Lessor does hereby lease to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) belowLessee approximately 36,598 sq. The Board hereby agrees to make all parcels ft of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations land located on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, Airport more particularly described on Exhibit "A" as Leased Premises together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Leaseall improvements located thereon, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities identified on the Premises. (ii) The Servient Buildings "Airport Layout Plan" which is attached hereto as Exhibit B and the Series 2009 Project may contain certain elementsB1 and incorporated herein, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (all hereinafter referred to as the "Lot LineLeased Premises", Lessee hereby leases _____ Leased Premises from Lessor subject to the terms, covenants and conditions stated below, and shall have the right and privilege to erect, construct, and maintain (as provided herein) provided 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 Leased Premises 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. Lessee must satisfy itself that the mere fact that such a division wall Leased Premises is found not physically suitable to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to used as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of Lessee intends by independently investigating all such Common Structural Elements. (c) Subject matters related to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises Leased Premises. Lessee agrees that it is not relying on any warranty or representation made by Lessor, Lessor's agent or any broker concerning the enjoyment suitability of the leasehold estate therein created under Leased Premises for the Lessee's use, except that such Premises may be used as an aircraft hangar, offices, and for any other uses permitted in this Lease. International Tactical Training Center Fuel Farm Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope Lease May 5, 2006 Lessor shall deliver possession of the Series 2009 Project, the Board reserves the exclusive right Leased Premises to use each such Existing School until the replacement school (being constructed under the scope Lessee as of the Series 2009 Project) is completed Effective Date hereof. Lessee shall be responsible for maintenance and then occupied by insurance of the Board under the Lease AgreementLeased Premises upon delivery of possession to Lessee.

Appears in 1 contract

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

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. Tenant shall be entitled to the following as appurtenances to the Leased Premises: the right to use (a) Pursuant to the terms and provisions hereofParking Areas, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasingfor Tenant's non-exclusive use, granting, demising and transfer the roof of the Premises Building in accordance with Section 3.5 hereof, (c) for Tenant's exclusive use, the restrooms, telephone, electric and other utility closets on floors leased entirely by Tenant; provided that if such facilities also includes serve floors in a Building that is not fully leased by Tenant, Tenant's use of such facilities shall be non-exclusive and in common with Landlord and other tenants or occupants of the following rights floors also serviced by such facilities and (d) in common with Landlord and other tenants or occupants of the 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 "Premises RightsBuilding Common Areas" and "Floor Common Areas" in the Measurement Standard, the "Common Areas") which such Premises Rights shall be deemed to be a part of and all rights and benefits appurtenant to, or necessary or incidental to, the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that Leased Premises by Tenant for the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon permitted by the Corporation and the Board; and provided, further, that the Servient Property Rights shall includeSection 1.5 hereof including, but not necessarily be limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to utilize for such purposes use any portion of non-exclusive easements and/or licenses in, about or appurtenant to the Servient Property (e.g.Projects, the Servient Property Rights shall include, including but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the non-exclusive right to use each such Existing School until any walkways, tunnels, and skywalks connected to the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease AgreementProjects.

Appears in 1 contract

Sources: Master Lease Agreement (American Financial Realty Trust)

Leased Premises. (a) Pursuant Land - Lessor does hereby lease to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) belowLessee approximately 36,598 sq. The Board hereby agrees to make all parcels ft of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations land located on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, Airport more particularly described on Exhibit "A" as Leased Premises together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Leaseall improvements located thereon, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities identified on the Premises. (ii) The Servient Buildings "Airport Layout Plan" which is attached hereto as Exhibit B and the Series 2009 Project may contain certain elementsB1 and incorporated herein, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (all hereinafter referred to as the "Lot LineLeased Premises", Lessee hereby leases _____ Leased Premises from Lessor subject to the terms, covenants and conditions stated below, and shall have the right and privilege to erect, construct, and maintain (as provided herein) provided 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 Lease▇ ▇▇▇▇ises 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. Lessee must satisfy itself that the mere fact that such a division wall Leased Premises is found not physically suitable to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to used as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of Lessee intends by independently investigating all such Common Structural Elements. (c) Subject matters related to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises Leased Premises. Lessee agrees that it is not r▇▇▇▇▇▇ on any warranty or representation made by Lessor, Lessor's agent or any broker c▇▇▇▇▇▇ing the enjoyment suitability of the leasehold estate therein created under Leased Premises for the Lessee's use, except that such Premises may be used as an aircraft hangar, offices, and for any other uses permitted in this Lease. International Tactical Training Center Fuel Farm Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope Lease May 5, 2006 Lessor shall deliver possession of the Series 2009 Project, the Board reserves the exclusive right Leased Premises to use each such Existing School until the replacement school (being constructed under the scope Lessee as of the Series 2009 Project) is completed Effective Date hereof. Lessee shall be responsible for maintenance and then occupied by insurance of the Board under the Lease AgreementLeased Premises upon delivery of possession to Lessee.

Appears in 1 contract

Sources: Consent to Assignment (Tactical Air Defense Services, Inc.)

Leased Premises. With respect to the Master Lease of the Premises between Licensor and the Master Lessor, a copy of which has been provided to Licensee and the 2550 Stanwell Master Lease, the following additional provisions shall apply: (a) Pursuant to if the terms and provisions hereofMaster Lease terminates for any reason, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporationthis License shall terminate concurrently therewith; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of Licensee shall also have the non-exclusive right to use the common areas outside the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, Licensor has the right to utilize for use under the Master Lease; (c) Licensee shall not do or permit anything to be done in, about or with respect to the Premises which would violate the Master Lease or the 2550 Stanwell Master Lease or the Sublease, and shall comply with all restrictions set forth in either such purposes any portion of master lease and the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines and all rules and regulations promulgated from time to time located upon by either such master lessor; (d) Licensee shall obtain the Servient Propertyprior written consent of Licensor and Master Lessor with respect to any act which, together with if performed by Licensor, would require Master Lessor’s approval under the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Master Lease, the Corporation and the Board shall each have the right to install such meters or submeters as consent of Licensor may be reasonably appropriate withheld if Master Lessor’s consent is not obtained; (e) each provision under the Master Lease in which Licensor is required to the end that the Corporation is charged for consumption of such utilities on the Premises. (i) indemnify, release or waive claims against Master Lessor and (ii) The Servient Buildings execute and the Series 2009 Project may contain certain elementsdeliver documents or notices to Master Lessor, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to shall be binding on Licensee as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: Licensed Premises as if incorporated fully herein and shall run from Licensee to both Master Lessor and Licensor; (Af) All utility linesthis License shall be at all times subject and subordinate to the Master Lease; and (g) in the event that Master Lessor objects to the occupancy of Licensee hereunder or declares or threatens to declare Licensor in default under the Master Lease due to the occupancy of Licensee hereunder, ductsLicensee shall vacate the Licensed Premises immediately upon notice from Licensor, conduitsthis License shall be deemed terminated immediately, pipes and neither party shall have any liability to the other utility fixtures and appurtenances which are located on or within either with respect to the Licensed Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the otherearly termination. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Asset Transfer and License Agreement (Cerus Corp)

Leased Premises. (a) Pursuant In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord, for the Rental Term, and upon the terms and provisions hereofconditions herein set forth, the Board hereby leases, grants, demises and transfers the Leased Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below1.01(1), located in the Building referred to in Section 1.01(H). The Board hereby agrees to make all parcels of real legal description for the property on which the Series 2009 Project Building is sited part 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 subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the areas beneath the Leased Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation are not demised hereunder and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Propertyuse thereof, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Leaseinstall, the Corporation maintain, use, repair, and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility linesreplace pipes, ducts, conduits, pipes and wires leading through the Leased Premises in locations which do not materially and adversely interfere with Tenant’s use thereof and serving other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion parts of the Project extend beyond Building or buildings, are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Leased Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair enable access by Landlord to the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor balance of the Corporation 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 shall give Tenant forty-eight (48) hours prior notice (except in the case of an emergency) and like rights are hereby reserved unto shall use reasonable efforts so as to not commit waste upon the BoardLeased Premises and as far as practicable shall not materially and adversely interfere with Tenant’s use 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 and/or to Tenant’s property occur during the required forty-eight (48) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) hour notice period. Subject to the Permitted Encumbrancesprovisions of Article VIII, the Board hereby warrants that (i) the Board owns the Premises in fee simple titleTenant and its employees, has full contractors, customers, agents and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board invitees have been obtained; (iii) the Board has the right to lease the Premises non-exclusive use, in common with existing tenants of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to the Corporation pursuant non-exclusive areas, Tenant shall cause its employees to the terms and provisions hereof and park their cars only in areas specifically designated from time to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants time by Landlord for that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Leasepurpose. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease Agreement (Sera Prognostics, Inc.)

Leased Premises. (a) Pursuant City hereby leases to Lessee, and Lessee hereby leases from the terms City, approximately 145.5 square feet of space inside the Airport terminal building as located and provisions hereofdepicted on Exhibit “A” attached hereto and incorporated herein by this reference, the Board hereby leases, grants, demises and transfers the Premises and the Series 2009 Project, other than the Designated Equipment, to the Corporation; subject to certain limited use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (leased space hereinafter referred to as the "Lot Line") provided “Leased Premises.” The Leased Premises shall be taken by ▇▇▇▇▇▇ in AS IS condition, subject to all defects, latent and patent, and shall be improved, maintained and operated at Lessee’s sole cost and expense. It is the express intention of the parties hereto that the mere fact that such a division wall is found not to be on Lessee’s improvements, use and occupancy of the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof Leased Premises, and all roof support structures costs associated therewith, shall be and any remain the financial obligation of the Lessee. Lessee shall be required to keep all of the areas assigned to it in a neat, clean, safe, sanitary and orderly condition at all appurtenances times. Lessee will keep such areas free at all times of all paper, rubbish and debris, and Lessee will deposit all trash and debris resulting from its operations in containers approved by the City. Lessee agrees to provide, at its own expense, such roof janitorial and roof support structures includingcleaning services and supplies for the maintenance of its assigned areas. Lessee shall also keep and maintain the assigned areas in a clean, without limitationneat, and sanitary condition and attractive appearance. Lessee shall perform ordinary preventive maintenance and ordinary upkeep and non-structural repairs of all assigned areas including but not limited to fixtures, doors (except for locks and keys), floor coverings and walls (painting and wall coverings). Lessee shall be required to keep all such areas in good operating condition at all times. Lessee shall have the roof covering, roof trim and roof drainage fixtures (collectively, duty to promptly notify the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing Airport Director or his or her authorized designee of any building constituting a portion of the Project extend beyond the Lot Lineconditions or events that would necessitate maintenance, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premisesrepair, the right therefor is hereby reservedor replacement obligations. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the enjoyment of the leasehold estate therein created under this Ground Lease. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Terminal Building Lease Agreement

Leased Premises. (a) Pursuant The LESSOR hereby leases to the terms and provisions hereof, the Board hereby leases, grants, demises and transfers the Premises LESSEE and the Series 2009 Project, other than LESSEE hereby leases from the Designated Equipment, to the Corporation; subject to certain limited use reservations LESSOR approximately 5,133 rentable square known as further described Suite 306 and as defined in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes the following rights ("Premises Rights") which such Premises Rights shall be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination Schedule listed below in section 2 of this Ground Leaseagreement and identified on Exhibit A, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elementslocated at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project Maynard, MA (hereinafter referred to as "Common Structural Elements"141 ▇▇▇▇▇▇). Such Common Structural Elements include, but are not necessarily limited The LESSEE shall have as appurtenant to (and to the following: extent necessary for the uses permitted hereunder) the right to use 24 hours per day, 7 days per week, for their intended purposes, in common with the LESSOR and all others, including other tenants of 141 ▇▇▇▇▇▇ and their guests and invitees, and subject to such rules and regulations as LESSOR may adopt from time to time, i) walkways, and ii) other common areas of 141 ▇▇▇▇▇▇ (Acollectively hereinafter referred to as the Common Areas or the Facilities). In addition to the rights reserved to the LESSOR in this Lease, LESSOR also reserves the right from time to time, to: construct additions to the Building(s); make alterations to the Building(s); adjust the Total Rentable Area of the Building(s) All utility linesand 141 ▇▇▇▇▇▇ and LESSEE’S Proportionate Share thereof (as hereinafter defined); change the size, location or arrangement of Common Areas, install, use, maintain, relocate, repair and replace pipes, ducts, conduits, pipes wires, fixtures, facilities, meters and other utility fixtures and appurtenances which are located on equipment for service to or within either in the Leased Premises or to 141 ▇▇▇▇▇▇; also to relocate any other Facility, and grant easements or other rights in the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and whichCommon Areas, directly or indirectlyif necessary. All changes shall be reasonable, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided require that the mere fact that such a division wall is found changes can not to be on unreasonably infringe upon LESSEE’S business operation or use of the Lot Line leased premises and shall require advance notice. The LESSEE shall not preclude that division wall from being the Party Wall. be entitled to any compensation or abatement of Base Rent (Cas hereinafter defined) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures or Additional Rent (collectively, the "Roofing"as herein after defined) to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for the granting of such easements so long as such encroachment exists, that portion of LESSOR does not diminish the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the LESSEE’S right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interest; (ii) all consents to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtained; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms and provisions hereof and to grant to the Board the Premises Rights; and (iv) this Ground Lease complies with all the requirements and restrictions of record applicable to the Premises and the Servient Property. The Board represents and warrants that none of the Permitted Encumbrances has an adverse effect on the use of the Premises or the quiet enjoyment of the leasehold estate therein created under this Ground LeaseLeased Premises and its contemplated operation as an office suite, and for general office use incident thereto and for no other purposes. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Commercial Lease (Telemynd, Inc.)

Leased Premises. A. In consideration of all Tenant's undertakings hereinafter set forth, including payment of rent as hereinafter specified, and contingent upon the satisfaction of all of the conditions set forth in Section 3 of this Lease (aor waiver thereof), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the "Premises") Pursuant that are part of the Building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in North Sioux City, South Dakota in the suite/floor area designated in Section 1(a)(2) of the Data Sheet and as shown outlined on the leasing plan attached hereto as Exhibit A, and containing the approximate number of rentable square feet set forth in Section 1(b). B. During the Term of this Lease, Tenant shall have the right to use, subject to the terms and provisions hereofof this Lease, the Board hereby leasesRules and Regulations referenced in Section 16 below, grantsand all covenants, demises conditions and transfers restrictions now or hereafter affecting the Premises Building, the Premises; provided, however, within five (5) days of the Execution Date, Landlord shall deliver a copy of any such covenants, conditions and restrictions of which Landlord has actual knowledge to Tenant. Further, Landlord shall promptly notify Tenant in writing of any modifications to any such covenants, conditions and restrictions of which Landlord has actual knowledge. C. During the Series 2009 ProjectTerm of this Lease, other than Tenant shall have the Designated Equipment, right at no additional cost to Tenant to the Corporation; subject to certain limited non-exclusive use reservations as further described in Section 1(d) below. The Board hereby agrees to make all parcels of real property on which the Series 2009 Project is sited part of the Premises and subject to this Ground Lease. (b) The aforesaid leasing, granting, demising and transfer of the Premises also includes existing 500 KW generators upon the following rights terms and conditions: ("Premises Rights"i) which such Premises Rights in no event shall Landlord be deemed to be a part of the Premises: (i) The right to utilize the Servient Property for Access and for the Services reasonably necessary making any representation and/or warranty with respect to the full use and enjoyment of the Premises; provided that the locations on the Servient Property utilized for such purposes shall be reasonably agreed upon by the Corporation and the Board; and provided, further, that the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for such purposes any portion of the Servient Property (e.g., the Servient Property Rights shall include, but not necessarily be limited to, the right to utilize for appropriate purposes, any drives, parking areas, drainage facilities condition or sewer, water, gas, electric or telephone lines from time to time located upon the Servient Property, together with the right to "tie-in" or "connect" thereto). If the Lease Agreement terminates prior to the termination of this Ground Lease, the Corporation and the Board shall each have the right to install such meters or submeters as may be reasonably appropriate to the end that the Corporation is charged for consumption fitness of such utilities on the Premises. (ii) The Servient Buildings and the Series 2009 Project may contain certain elements, features or parts which are structural elements of both the Servient Buildings and the Series 2009 Project (hereinafter referred to generator except as "Common Structural Elements"). Such Common Structural Elements include, but are not necessarily limited to the following: (A) All utility lines, ducts, conduits, pipes and other utility fixtures and appurtenances which are located on or within either the Premises or the Series 2009 Project on the one hand or the Servient Property or Servient Buildings on the other hand and which, directly or indirectly, in any way, service the other. (B) All division walls (hereinafter referred to as "Party Walls") between the Series 2009 Project and the Servient Buildings upon the common line between the Premises and the Servient Property (hereinafter referred to as the "Lot Line") provided that the mere fact that such a division wall is found not to be on the Lot Line shall not preclude that division wall from being the Party Wall. (C) The roof and all roof support structures and any and all appurtenances to such roof and roof support structures including, without limitation, the roof covering, roof trim and roof drainage fixtures (collectively, the "Roofing") to the extent interrelated between the Series 2009 Project and the Servient Buildings. Should the Roofing of any building constituting a portion of the Project extend beyond the Lot Line, the right therefor is hereby granted and should the Roofing of the Servient Building extend beyond the Lot Line onto the premises, the right therefor is hereby reserved. (D) The entire concrete floor slab or wood floor system if utilized in lieu thereof and all foundational and support structures and appurtenances thereto to the extent interrelated between the Series 2009 Project and the Servient Buildings (collectively referred to as "Flooring"). Should the Flooring of the Series 2009 Project extend beyond the Lot Line onto the Premises, the right therefor is hereby reserved. (iii) The Premises Rights further include that right of the Series 2009 Project to encroach upon the Servient Property as a result of minor inaccuracies in survey, construction or reconstruction or due to settlement or movement. The encroaching Series 2009 Project shall remain undisturbed for as long as same exist and, for so long as such encroachment exists, that portion of the Servient Property on which same exists shall be deemed to be a part of the Premises. In addition, the Premises Rights include the right to utilize that portion of the Servient Property as may be reasonably necessary in order to maintain and repair the Series 2009 Project. The Premises Rights further include cross rights of support and use over, upon, across, under, through and into Common Structural Elements in favor of the Corporation (and like rights are hereby reserved unto the Board) for the continued use, benefit and enjoyment and continued support, service, maintenance and repair of all such Common Structural Elements. (c) Subject to the Permitted Encumbrances, the Board hereby warrants that (i) the Board owns the Premises in fee simple title, has full and insurable title to the fee estate in the Premises and owns unencumbered all such right, title and interestset forth herein; (ii) Tenant shall be responsible for its pro-rata cost of all consents maintenance and operation associated with the generator (as billed by Landlord within thirty (30) days following the delivery of such ▇▇▇▇, as additional rent due under this Lease) as well as all costs associated with segregating circuits of the existing generator, or running new feeds to or approvals of this Ground Lease required by law or any agreements or indentures binding upon the Board have been obtainedappropriate distribution panels; (iii) the Board has the right to lease the Premises to the Corporation pursuant to the terms Tenant shall use such generator in accordance with applicable laws, codes, ordinances and provisions hereof and to grant to the Board the Premises Rightsregulations; and (iv) Tenant shall obtain the prior written consent of Landlord to any modifications, alterations, improvements or work on such generators. D. Tenant hereby covenants and agrees that it shall have the right to exclusive use of the building equipment, fixtures and communication cabling located in the Premises which do not service other premises in the Building throughout the Lease Term at no cost or expense to Tenant. Landlord and Tenant acknowledge and agree that Landlord is providing such property to Tenant for its use in an as-is basis without representation or warranty of any kind whatsoever, including the disclaimer of any warranties of merchantability, fitness for a particular purpose or any other thing or nature whatsoever. Tenant shall be responsible for the cost of any transportation and reconfiguration of any such items. E. Pending completion of fit-up for the Premises, Tenant shall have the use of temporary space provided by Landlord under the same terms and conditions as this Ground Lease complies with all Lease. F. Subject to existing rights of other Tenants, Tenant shall have a right of first refusal to enter into a lease for the requirements and restrictions remaining approximately 63,641 square feet of record applicable space adjacent to the Premises and on the Servient Property. The Board represents and warrants that none second floor of the Permitted Encumbrances has an adverse effect Building on the use same terms and conditions contained in this Lease (the “Right of First Refusal”). In the Premises or event Landlord desires to lease such additional 63,641 square feet of space, Landlord shall, subject to existing rights of other Tenants, offer the enjoyment space to Tenant by notifying the Tenant in writing (the “Right of First Refusal Notice”). If Tenant does not exercise its Right of First Refusal by notifying Landlord in writing of such exercise within five (5) days after having received the leasehold estate therein created under this Ground LeaseRight of First Refusal Notice, Landlord shall be free to lease the space to any third party. (d) To the extent there are located on the Premises any existing structures and/or facilities ("Existing Schools") that are being replaced under the scope of the Series 2009 Project, the Board reserves the exclusive right to use each such Existing School until the replacement school (being constructed under the scope of the Series 2009 Project) is completed and then occupied by the Board under the Lease Agreement.

Appears in 1 contract

Sources: Lease (MPC Corp)