Common use of Premises and Term Clause in Contracts

Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises.

Appears in 2 contracts

Samples: Development Agreement (Peninsula Gaming Corp.), Development Agreement (Diamond Jo, LLC)

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Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions, and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedLeases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases Leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowaspace, to wit: The patio area (Parcel B) approximately 14,100 square feet as shown and outlined on the plan attached hereto as Exhibit A (the “Leased Premises”) on the second floor, located in the building commonly known as the Kingsway building (the “Building”), situated on the real property described in Exhibit B attached hereto (but specifically excluding the hydraulic lift located on Lot B“Property”) and by this reference made which is part of a part hereof development in the Park at Xxxxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx (the “Development”). The Leased Premises)Premises shall be occupied and used exclusively for general office purposes and for legal purposes incidental thereto and shall not be used for any other purpose. Tenant shall have shared access to conference rooms, legally described as a part training rooms, meeting facilities and other common areas of Lot 6 of Ice Harbor Developmentthe Building without charge and upon reasonable notice to Landlord, according but only to the recorded plat thereofextent Landlord owns the conference rooms, with training rooms, meeting facilities and/or other common areas of the improvements thereon and all rights, easements and appurtenances thereto belonging, Building. TO HAVE AND TO HOLD the same for a term of thirty-six (36) months commencing at midnight of the day previous to the first day of the lease termon January 1, which shall be on the 1st day of June, 20052011, and ending at midnight on the last day of the lease termDecember 31, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, 2013 (“Term”) unless terminated or extended pursuant to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlordany provision hereof. Tenant agrees acknowledges that its rights under no representations as to the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part repair of the Leased Premises, nor promises to alter, remodel or improve the Leased Premises have been made by Landlord, unless such are expressly set forth in this Lease. The taking of possession by Tenant shall be deemed conclusively to establish that the Building, other improvements, and the Leased Premises are in good and satisfactory condition as of when possession was so taken (except for such items as Landlord is permitted to complete at a later date, which items shall be specified by Landlord to Tenant in writing).

Appears in 2 contracts

Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Premises and Term. The Landlord, That in consideration of the rents herein reserved hereinafter agreed to be paid by Lessee to Lessor, and in consideration of the agreements and conditions herein contained, on the part covenants of the Tenant respective parties hereto to be kept performed at the time and performedin the manner hereinafter provided, leases Lessor does hereby lease and demise unto Lessee, and Lessee does hereby hire and take from Lessor, a building containing 173,316 square feet of space (the Tenant "Building"), and Tenant hereby rents all mechanical, electrical, lighting, plumbing and leases from LandlordHVAC systems and fixtures attached thereto (the "Fixtures") and the real property (the "Property") on which the Building is located in the 4th Xxxx of the City of Pittsburgh, according to the terms and provisions herein, the following described real estate, situated in Dubuque Allegheny County, IowaPennsylvania, to wit: The patio area (Parcel B) as shown and more particularly described on Exhibit A "A" attached hereto (but specifically excluding the hydraulic lift located on Lot BBuilding, the Fixtures and the Property are hereinafter collectively referred to as the "Premises"). In addition to the Premises, this Lease shall also cover, a parking garage, surface parking and related facilities (the "Parking Facilities) all as leased to Lessor by Urban Redevelopment Authority of Pittsburgh ("URA") pursuant to a Lease substantially in the form attached hereto as Exhibit B and by this reference made a part hereof (the Leased Premises"Parking Lease"), legally described as a part . The use of Lot 6 of Ice Harbor Development, according the Parking Facilities and other matters relating to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which Parking Facilities shall be on as set forth in the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement providesParking Lease. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement Lease (the non-exclusive privilege "Term") shall extend for a twenty (20) year period which period shall commence the date upon which the Building is completed and a certificate of occupancy is issued (the "Commencement Date"). Lessor shall use its best efforts to park in Parking Lots 1 cause the Commencement Date to be on or before January 1, 1995. Lessor and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees Lessee agree that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height following determination of the existing portside facility) barge (as defined Commencement Date, they will enter into a written agreement evidencing the Commencement Date. Lessee shall be entitled to occupancy on the Commencement Date. Any holdover by Iowa Code Chapter 99F (2005)) to extend not more than Lessee following the maximum permitted by the United States Coast Guard and/or the United States Army Corps Term of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities this Lease for any required permission for such barge. In renewal term shall, unless Lessor agrees otherwise in writing, be a holdover on a month-to-month basis only at the event Tenant constructs such barge, same rental paid in the area upon which such barge is located shall become a part last month of the Leased PremisesTerm.

Appears in 1 contract

Samples: Lease (Ansaldo Signal Nv)

Premises and Term. The Landlord, in consideration 2.1 PREMISES -------- Subject to and with the benefit of the rents herein reserved and provisions of the agreements and conditions herein containedthis Lease, on the part of the Tenant Landlord hereby leases to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according the Total Rentable Floor Area of Tenant's Space in the Building (hereinafter, the "Tenant's Space"), as the same may be expanded pursuant to Exhibit R, together with the appurtenances described below and in Section 10.14 of this Lease. Tenant's Space as the same may be expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the Premises". Tenant shall have, as appurtenant to the terms and provisions hereinPremises, the following described real estate, situated right to use in Dubuque County, Iowa, to wit: The patio area (Parcel B) as common with other tenants of the Building the areas shown on the Plan as "Building Parking Area", all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park attached hereto as Exhibit A (the "Park") from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Park attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any amendments or modifications materially affecting the Lot, or otherwise materially interfering with Tenant's use and operation of its business thereon, shall require Tenant's prior written approval, which such approval shall not be unreasonably withheld or delayed and shall be deemed granted in the event that Tenant fails to respond within ten (10) days of Landlord's written request for itself and for public pedestrian approval therefor; (b) all rights to access, said all service areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all rights appurtenant to the Lot and the Building created in or conveyed by the deed to Landlord attached hereto as Exhibit A-2, (f) all means of access to remain openand from the Building to the Common Areas, clear including, without limitation, all sidewalks, roads, driveways and unobstructed at the like, and (g) all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenantutility lines, its management employees electricity, water and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premisessewage disposal.

Appears in 1 contract

Samples: Open Market Inc

Premises and Term. The Landlord, Landlord for and in consideration of the rents herein reserved and hereinafter reserved, of the covenants, agreements and conditions herein containedhereinafter set forth, to be kept or performed on the part of the Tenant Tenant, hereby leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to Landlord the terms and provisions herein, the following premises described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto and incorporated herein by reference (but specifically excluding the hydraulic lift "Premises"), the two-story atrium building (the "Building") containing approximately One Hundred Thousand (100,000) square feet of rentable space located on Lot Bthe Premises and surface parking spaces for use by Tenant for the term of this Lease. The parties agree that between Four Hundred Fifteen (415) and Four Hundred Twenty-Three (423) surface parking spaces are to be constructed. Landlord shall supply Tenant with a copy of the Plans and Specifications for the improvements to be constructed on the Premises by Landlord and Tenant shall initial the same indicating Tenant's approval of the Plans and Specifications. The Plans and Specifications will be attached to this Lease as Exhibit B and incorporated herein by reference. The improvements to be constructed by Landlord shall be completed in substantial accordance with the specifications set forth in Exhibit B attached hereto and incorporated herein by reference made a part hereof and the other items of work and materials, if any, as may be required under the terms of any work letter which may be executed between Landlord and Tenant in connection with this Lease. Notwithstanding the foregoing, Landlord shall have the right to make upgrades to the Plans and Specifications which do not affect the structure of the Building provided that such upgrades do not exceed the cost of Fifteen Thousand Dollars ($l5,000.00) per occurrence and Two Hundred Thousand Dollars ($200,000.00) in the aggregate. Landlord shall not have the right to make any downgrades to the Plans and Specifications if such downgrades materially affect the quality of the improvements. The Landlord also grants to the Tenant the nonexclusive right to use the areas in the FOUNTAIN SQUARE DEVELOPMENT which are designated by Landlord as common areas to be used by all tenants and occupants of the FOUNTAIN SQUARE DEVELOPMENT (the Leased Premises"Development") in common with Landlord and the tenants and occupants of the Development (their agents, employees, and invitees), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of to commence on the day previous to the first 25th day of the lease termNovember, which shall be on the 1st day of June, 20051988, and ending to end at midnight on the last 24th day of the lease termNovember, which shall be on the 31st day of December1998, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during such period being the term of this Agreement Lease (the non-exclusive privilege to park "Term"). The Development is more particularly described in Parking Lots 1 Exhibit C attached hereto and 2 shown on Exhibit A at no additional charge (other than incorporated herein by reference. The date specified above for the rent herein) to Tenantcommencement of the Term, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned or, if Landlord cannot deliver the Premises for possession by Tenant or in a city-owned parking garageon such date, then the date when Landlord can deliver the Premises for possession by Tenant is hereinafter referred to as the commencement date (the "Commencement Date"). Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed For the height purposes of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such bargethis Paragraph, the area upon which such barge is located Premises shall become a part of the Leased Premises.be deemed delivered

Appears in 1 contract

Samples: Lease Agreement (Consumers Us Inc)

Premises and Term. The Section 1.1. During the Term, Landlord, in consideration of the rents herein reserved and of the terms, provisions, covenants and agreements and conditions herein contained, on the part of the Tenant to be kept kept, observed and performed, leases does hereby lease and demise the Premises unto the Tenant Tenant, and Tenant does hereby rents hire and leases take the Premises from Landlord, according subject to each and every matter affecting title to the terms and provisions hereinPremises including, without limitation, all of the following described real estatewhich are in effect as of the Commencement Date: all easements, situated rights of way, covenants, conditions and restrictions, liens, encumbrances, encroachments, licenses, notices of pendency, charges, zoning laws, ordinances, regulations, building codes and other governmental laws, rules and orders affecting the Premises, and other exceptions to Landlord's title, whether or not the same are of public record. Tenant shall allow Landlord to use during the Term the Landlord's Storage Area for the purpose set forth in Dubuque CountyARTICLE A, IowaSECTION 5 above at such time as (a) the installation of the Water and Sewer Lines has been completed such that such lines do not impair the ability of Tenant to obtain water and/or sewer service to Tenant's Warehouse Space, and (b) Landlord has substantially completed the construction of (i) the Demising Wall and Related Improvements (or Tenant has completed such construction in the event Landlord fails to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding complete the hydraulic lift located on Lot B) and by this reference made a part hereof (same within 60 days after the Leased PremisesCommencement Date), legally described and (ii) the Restoration Work as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs soon as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge practicable but (other than the rent herein1) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into sixty (60) days after the Ice Harbor. Landlord agrees Commencement Date with respect to cooperate the Restoration Work not related to the Floor Slab, and (2) with and support Tenant’s application respect to other governmental entities for any required permission for the Restoration Work related to the Floor Slab, in no event more than ten (10) days after the date on which the Floor Slab has been saw-cut (or Tenant has completed such barge. In construction in the event Tenant constructs such bargeLandlord fails to complete the same within 60-day or 10-day periods of time, as applicable). The parties hereto acknowledge and agree that the area upon which such barge is located shall become a part deadline for the satisfaction of Landlord's obligations with respect to the construction of the Leased PremisesDemising Wall and Related Improvements and the completion of the Restoration Work is subject to a potential extension in the event of the occurrence of any Force Majeure Delays (as defined in SECTION 19.16 below).

Appears in 1 contract

Samples: Lease Agreement (Marketing Specialists Corp)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay said rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedLeases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases Leases from LandlordLandlord certain Premises situated within the County of Shelby, according State of Tennessee, located on real property known as 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxxxxxx 00000, said leased space being more particularly described on floorplan attached hereto on Exhibit "A" and incorporated herein by reference, and consisting of approximately 75,000 (but not less than 70,000) square feet of industrial space suitable for Tenant's proposed usage, together with continuous driveway access to the terms and provisions hereinpublic roads, the following described real estatewalkways, situated in Dubuque Countyhallways, Iowasidewalks, to wit: The patio area (Parcel B) parking as shown on Exhibit A site plan attached hereto (but specifically excluding as Exhibit "F" and incorporated herein by reference for Tenant's proposed usage and all common areas adjacent to or serving said leased space or the hydraulic lift building in which said leased space is located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belongingimmunities belonging to or in any way pertaining to said premises and together with any other improvements serving said premises (said leased space, said common areas and the above-referenced improvements hereinafter referred to as the "Premises"). The Premises are located on real estate legally described on Exhibit "A" (the "Real Estate"). TO HAVE AND TO HOLD the same for a term commencing at midnight on the earlier of: (i) December, 1 1996; or (ii) the date Tenant occupies the Premises for Tenant's use herein, ("Commencement Date") and ending November, 30, 2006 ("Termination Date"). Taking of possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements are in good and satisfactory condition as of and when possession was taken. Tenant further acknowledges that no representations as to the repair of the day previous Premises, nor promises to alter, remodel or improve the first day of Premises have been made by Landlord, unless such are expressly set forth in this Lease. For the purposes hereof a lease term, which year shall be on the 1st day of June, 2005, a calendar year concluding December 31 and ending at midnight on the last day of the a partial lease term, which year shall be on from the 31st day of December, 2018, upon Commencement Date until December 31 or January 1 until the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased PremisesTermination Date.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents takes from Landlord the Premises situated within the County of DuPage, State of Illinois, more particularly described and leases from Landlorddepicted on Exhibit “A” attached hereto and incorporated herein by reference, according commonly known as 0000 Xxxxxxx Xxxxx, Wood Dale, Illinois, and consisting of approximately 89,835 square feet (the “Premises”), contained within a single tenant building (the “Building”), to have and to hold, subject to the terms terms, covenants and provisions hereinconditions in this Lease. The term of this Lease shall commence on the “Commencement Date” hereinafter set forth and shall end on September 30, 2008. The Commencement Date shall be September 1, 2006. Tenant acknowledges that (i) it has inspected and accepts the following described real estatePremises in its as-is, situated where-is condition, with all faults, (ii) the Building and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in Dubuque Countygood and satisfactory condition, Iowaand (iv) no representations as to the repair of the Premises, nor promises to wit: The patio area alter, remodel or improve the Premises have been made by Landlord (Parcel Bunless otherwise expressly set forth in this Lease). If this Lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present Tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession of the Premises prior to the date above recited as the Commencement Date of this Lease, Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed to be the “Commencement Date”; and the term of this Lease automatically shall be extended so as to include the full number of months hereinbefore provided for (as well as provide for a total of two (2) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premisesmonths of free rent), legally described as a part of Lot 6 of Ice Harbor Development, according to except that if the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to Commencement Date is other than the first day of the lease term, which a calendar month such term also shall be on extended for the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease term, calendar month in which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreementpossession is tendered. Landlord hereby grants waives payment of rent covering any period prior to Tenantsuch tendering of possession. Notwithstanding the foregoing, its management employees and patrons during in the term of this Agreement the non-exclusive privilege event Landlord fails to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants provide possession to Tenant permissionon or before October 1, subject 2006, Tenant shall have the option to such other permission as may be required by any other governmental entityterminate this Lease without further liability. After the Commencement Date, Tenant shall, upon demand, execute and deliver to construct Landlord a two-story (not to exceed the height letter of acceptance of delivery of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than Premises. Notwithstanding the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. foregoing, Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such bargeprofessionally inspect, repair and/or replace, as needed, all HVAC units, the area upon which such barge is located shall become a part plumbing system, the electrical system (including all lights and ballasts), the dock doors and levelers to insure that same are in good working order as of the Leased PremisesCommencement Date.

Appears in 1 contract

Samples: Lease Agreement (Power Solutions International, Inc.)

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Premises and Term. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases ,. teases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Dubuque County, Iowa, to wit: ' The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, . 2005, and ending at midnight on the last day of the lease term, ; which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a a. non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in in' Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s 's current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s 's application to other governmental entities entitles for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Peninsula Gaming, LLC)

Premises and Term. The Landlord, in consideration of the rents herein Rent hereinafter reserved to be paid and of the covenants, conditions and agreements and conditions herein contained, on the part of the Tenant to be kept and performedperformed by Tenant, leases unto the Tenant hereby leases, lets and demises to Tenant, and Tenant hereby rents leases and leases hires from Landlord, according that certain space called the Premises as described above in Item 1, Section (c). If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the terms anticipated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any claim, loss or damage resulting therefrom, but, in that event, there shall be an abatement of Rent and provisions hereinAdditional Rent covering the period between the anticipated Commencement Date and the time when Landlord can so deliver possession, the following described real estate, situated in Dubuque County, Iowa, date when Landlord can so deliver possession being deemed to wit: The patio area be the "Commencement Date" (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding Commencement Date). If the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof, with the improvements thereon and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (Commencement Date is other than the rent hereinanticipated Commencement Date, the parties' representatives shall execute a letter amendment to this Lease (which they are hereby authorized to do) whereby the Commencement Date of this Lease will be specified; however, their failure to Tenantdo so shall have no effect on the other contents of this Lease, its management employees or patronssuch contemplated execution to be merely for clarification purposes. By occupying the Premises, Tenant agrees that Tenant will require that shall be conclusively deemed to have accepted the Premises as complying fully with each, every, any and all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants Landlord's covenants and obligations with respect to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premisesdelivery thereof.

Appears in 1 contract

Samples: Lease Agreement (Cimetrix Inc)

Premises and Term. The LandlordIn consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the rents herein reserved other terms, provisions and of the agreements covenants hereof, Landlord hereby demises and conditions herein containedleases to Tenant, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents accepts and leases from Landlord, according all that portion (hereinafter referred to as the terms "premises") of certain real property, buildings and provisions hereinimprovements situated within the County of DuPage, the following described real estate, situated in Dubuque County, Iowa, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises)State of Illinois, legally described in Exhibit "A", said premises being as a part outlined on the site plan contained in Exhibit "B", and including any parking areas and truck loading areas specifically marked in red on said Exhibit B for the exclusive use of Lot 6 of Ice Harbor Developmenttenant, according to the recorded plat thereofsaid Exhibits being attached hereto and incorporated herein by reference, with the improvements thereon and all rights, easements privileges, easements, appurtenances and appurtenances thereto belonging, immunities belonging to or in any way pertaining to the premises. TO HAVE AND TO HOLD the same for a term commencing at midnight on August 1, 1995 and ending July 31, 1998 thirty-six (36) months thereafter, unless terminated pursuant to any provision hereof. Tenant acknowledges that it has inspected the premises, knows the condition thereof, and accepts such premises, and specifically the buildings and improvements are in good and satisfactory condition as of when possession was taken, except for latent defects and punchlist items identified within thirty (30) days after possession. Tenant further acknowledges that no representations as to the repair of the day previous premises, nor promises to alter, remodel or improve the first day premises have been made by Landlord, unless such are expressly set forth in this lease. After the commencement date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the lease term, which shall be on the 1st day of June, 2005, and ending at midnight on the last day of the lease term, which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreement. Landlord hereby grants to Tenant, its management employees and patrons during the term of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject to such other permission as may be required by any other governmental entity, to construct a two-story (not to exceed the height of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premisespremises.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

Premises and Term. The Landlord, in In consideration of the rents herein reserved mutual obligations of Landlord and of the agreements and conditions herein containedTenant set forth herein, on the part of the Tenant Landlord leases to be kept and performedTenant, leases unto the Tenant and Tenant hereby rents takes from Landlord the Premises situated within the Village of Bensenville, County of DuPage, State of Illinois, more particularly described and leases from depicted on EXHIBIT "A" attached hereto and incorporated herein by reference, commonly known as 000 Xxxxxxx Xxxxx, and consisting of approximately 108,711 square feet (the "Premises"), to have and to hold, subject to the terms, covenants and conditions in this Lease. The term of this Lease shall commence on the "Commencement Date" hereinafter set forth and shall end on September 30, 2004. The Commencement Date shall be September 15, 2001. Tenant shall, as of ten (10) days prior to the Commencement Date, have the right to, and shall, inspect the Premises and list those items which must be remedied by Landlord prior to the start of the Lease, and shall, upon satisfactory completion of such inspection and the completion of such remedies by Landlord, according reaffirm that (i) it has inspected and accepts the Premises in its as-is, where-is condition, with all faults, (ii) the buildings and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in good and satisfactory condition, and (iv) no representations as to the terms repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless otherwise expressly set forth in this Lease). If this Lease is executed before the Premises become vacant or otherwise available and provisions hereinready for occupancy, or if any present Tenant or occupant of the following described real estatePremises holds over, situated in Dubuque Countyand Landlord cannot, Iowausing good faith efforts, to wit: The patio area (Parcel B) as shown on Exhibit A attached hereto (but specifically excluding acquire possession of the hydraulic lift located on Lot B) and by this reference made a part hereof (the Leased Premises), legally described as a part of Lot 6 of Ice Harbor Development, according Premises prior to the recorded plat thereofdate above recited as the Commencement Date of this Lease, with the improvements thereon Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and all rights, easements and appurtenances thereto belonging, for a term commencing at midnight Tenant agrees to accept possession of the day previous Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed to be the "Commencement Date"; and the term of this Lease automatically shall be extended so as to include the full number of months hereinbefore provided for, except that if the Commencement Date is other than the first day of the lease term, which a calendar month such term also shall be on extended for the 1st day of June, 2005, and ending at midnight on the last day remainder of the lease term, calendar month in which shall be on the 31st day of December, 2018, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease Agreement provides. The Landlord reserves unto itself a non-exclusive, perpetual Public Access Easement, to run with the land, as shown on Exhibit A, for itself and for public pedestrian access, said access to remain open, clear and unobstructed at all times except as may be otherwise agreed to in writing by the Landlord. Tenant agrees that its rights under the Revised Ice Harbor Parking Agreement for Ice Harbor Urban Renewal District are terminated upon execution of this Agreementpossession is tendered. Landlord hereby grants to Tenant, its management employees and patrons during the term waives payment of this Agreement the non-exclusive privilege to park in Parking Lots 1 and 2 shown on Exhibit A at no additional charge (other than the rent herein) to Tenant, its management employees or patrons. Tenant agrees that Tenant will require that all of its employees shall park only in parking lots owned by Tenant or in a city-owned parking garage. Landlord hereby grants to Tenant permission, subject covering any period prior to such other permission as may be required by any other governmental entitytendering of possession. After the Commencement Date, Tenant shall, upon demand, execute and deliver to construct Landlord a two-story (not to exceed the height letter of acceptance of delivery of the existing portside facility) barge (as defined by Iowa Code Chapter 99F (2005)) to extend not more than the maximum permitted by the United States Coast Guard and/or the United States Army Corps of Engineers but in no event more than 150 feet from Tenant’s current dock facility into the Ice Harbor. Landlord agrees to cooperate with and support Tenant’s application to other governmental entities for any required permission for such barge. In the event Tenant constructs such barge, the area upon which such barge is located shall become a part of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (American Pharmaceutical Partners Inc /Ca/)

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