Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Lease Agreement (Histogenics Corp), Lease Agreement (Histogenics Corp)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the has heretofore obtained a long-term and subject to and with the benefit ground lease covering that certain tract of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, real property situated in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇University of Utah Research Park in Salt Lake City, ▇▇▇▇▇▇▇State of Utah, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” "B" attached hereto hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as the "Property"). Landlord owns a building on the Property referred to in Section 1.01 (H) (hereinafter the "Building") suitable for use as office research and made a part hereofdevelopment space, together with related parking facilities and other improvements necessary to enable to the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). For purposes 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 Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to as the "Premises" or "Leased Premises"), located in the Building. Gross rentable area measurements herein specified are from the exterior of this Leasethe perimeter walls of the building to the center of the interior walls. In addition, the property factor set forth in Section 1.01 (1) has been added to the “Property”) shall mean area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the Land building. The exterior walls and all roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the building or buildings now or hereafter located thereonare hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as may be reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant shall have, as appurtenant to the Premisesbalance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive right to use, and permit its invitees to use in common with Landlord and othersothers of such unreserved automobile parking spaces, the elevatorsdriveways, walkwaysfootways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other facilities designated for common use within the Building, except that with respect to non-exclusive automobile parking spaces, Tenant shall cause its employees to park their cars only in areas and facilities, if any, which are located on the Land and specifically designated by Landlord from time to time by Landlord for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)that purpose. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect designate, in its sole business judgment, certain spaces as "customer" parking spaces and Tenant shall use its best efforts to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured cause its employees not to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%park in said customer parking.
Appears in 2 contracts
Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject Landlord those premises (hereinafter referred to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (as the “Premises”), as shown described in Section 1(d) hereof and designated on Exhibit “BA” attached hereto and made part of hereof, in the building (commonly known as the “Building”) erected on certain land (the “Land”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Boulevard, ▇▇▇▇▇▇▇Detroit, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇Michigan, and consisting of approximately 65,250 rentable square feet of floor area (hereinafter referred to as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “PropertyBuilding”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have), as appurtenant to the Premises, together with the non-exclusive right to use, and permit its invitees easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant their agents, employees, customers and invitees) of the Building; provided, however, Landlord may create entrances from . The Building and common areas are hereinafter referred to as the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share “Development,” more particularly described on Exhibit “B” hereto.
(“Tenant’s Proportionate Share”b) shall be calculated by dividing the total The rentable area of the Premises (25,472 rentable square feet) by Premises, as well as the total Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Building Premises, as well as the Building. shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twelve percent.
(182,106 c) The rentable square feet). Landlord foot area of the Premises shall be measured by Landlord’s Architect, and Tenant acknowledge and accept Landlord’s Architect shall certify the rentable square feet as set forth herein foot area to Landlord and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the BuildingTenant; provided, however, that if Tenant disagrees with the Building is expanded measurement or reconfigured to increase its total rentable areacalculation by Landlord’s architect, or if a material an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Common Areas Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Section 1(h) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the Building are converted into common areas twenty-four hours a separately demised area and leased day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant shall not materially interfere with Landlord’s construction activities. Access to a specific tenant of the Building, then Tenant’s Proportionate Share Premises shall be recalculated accordingly. It is hereby agreed that in the same general location and have the same general utility as of the Lease access afforded on the Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for Suite No. 160, which the term parties stipulate and subject to agree is five thousand one hundred and with ninety-eight (5,198) rentable square feet (“RSF”) shown on the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement space plan attached hereto as Exhibit “A” (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, located in the building and common areas (collectively, the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Effective Date.
(1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and lighting in place to the extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as more particularly described needed and otherwise perform any changes to the Premises as noted in the space plan attached hereto as Exhibit “A” attached hereto and made a part hereof. For purposes of this Leaseprovided that in the event Landlord is unable to reutilize the existing glass walls, the property (the “Property”) same shall mean the Land and be replaced with standard hard walls, all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premisesforegoing utilizing building standard materials and finishes where not specified otherwise (collectively, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common AreasLandlord’s Work”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from complete the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, TenantLandlord’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of Work after the Lease Commencement Date (and shall do so outside of Building Hours to the extent commercially reasonable and in any event in a manner that does not unreasonably obstruct Tenant from using the Premises for ordinary office purposes), but in no event more than one hundred twenty (120) days after the Lease Commencement Date, which deadline (the “Landlord Work Deadline”) shall be extended as necessary due to any Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined), . “Tenant Delay” means any delays as a result of Tenant’s Proportionate Share requests to modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Landlord’s Work. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be equal submitted to 13.99%Tenant for approval, which approval shall not be unseasonably withheld or delayed. In the event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the Landlord Work Deadline and/or obstruct Tenant from using the Premises for ordinary office purposes, the Fixed Rent Grace Period shall be appropriately extended.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject Landlord those premises (hereinafter referred to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (as the “Premises”), as shown described in Section 1(d) hereof and designated on Exhibit “BA” attached hereto and made part of hereof, in the building (commonly known as the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and consisting of approximately 271,500 rentable square feet of floor area (hereinafter referred to as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “PropertyBuilding”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have), as appurtenant to the Premises, together with the non-exclusive right to use, and permit its invitees easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant their agents, employees, customers and invitees) of the Building; provided, however, Landlord may create entrances from . The Building and common areas are hereinafter referred to as the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share “Development,” more particularly described on Exhibit “B” hereto.
(“Tenant’s Proportionate Share”b) shall be calculated by dividing the total The rentable area of the Premises (25,472 rentable square feet) by Premises, as well as the total Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Building Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twelve percent.
(182,106 c) The rentable square feet). Landlord foot area of the Premises shall be measured by Landlord’s Architect, and Tenant acknowledge and accept Landlord’s Architect shall certify the rentable square feet as set forth herein foot area to Landlord and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the BuildingTenant; provided, however, that if Tenant disagrees with the Building is expanded measurement or reconfigured to increase its total rentable areacalculation by Landlord’s architect, or if a material an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Common Areas Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the Building are converted into common areas twenty-four hours a separately demised area and leased day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant shall not materially interfere with Landlord’s construction activities. Access to a specific tenant of the Building, then Tenant’s Proportionate Share Premises shall be recalculated accordingly. It is hereby agreed that in the same general location and have the same general utility as of the Lease access afforded on each applicable Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), Premises as shown on Exhibit “B” preliminary floor plan attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto within the Building to be constructed pursuant to the provisions of Section 29 hereof (the Building and made a part hereof. For purposes of this Leasethe lot on which it is located, the property (“PROPERTY”), together with the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on to use all areas and facilities provided by Landlord for the Land use of all tenants in the Property including any driveways, sidewalks and parking, loading and landscaped areas (the “Common AreasCOMMON AREAS”). In no event shall Landlord convert any portion The Premises will consist of approximately 73,000 rentable square feet (29,340 rentable square feet devoted to office use and 43,660 rentable square feet devoted to warehouse use). Upon substantial completion of the First Floor Atrium Premises and Building, (i) at the request of either party, Landlord and Tenant shall enter into an amendment to this Lease replacing Exhibit “A” with a drawing outlining the Premises as constructed, and (ii) Landlord shall cause Landlord’s architect to determine the as-built square footage of the Building into a separately demised area for Premises and Building, and, if the purpose of leasing the same to a specific tenant of the Building; providedsquare footages, howeveras measured, Landlord may create entrances vary from the First Floor Atrium to the South and East Wings of the First Floor square footages set forth in order to provide access to such areas for existing or future tenants. For purposes Section 1 of this Lease, Tenant’s proportionate share (“the parties shall enter into an appropriate amendment to this lease incorporating the actual square footage, with a corresponding pro rata adjustment to Minimum Annual Rent and Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Sublease Agreement (Compellent Technologies Inc), Lease Agreement (CNS Inc /De/)
Premises. Landlord Subject to and upon the terms, conditions, covenants, and undertakings set forth in this Ground Lease, the City hereby leases to Tenant Tenant, and Tenant hereby leases from Landlordthe City, for the term and subject Leased Premises. The Leased Premises are leased to and with Tenant in its present condition without representation or warranty by the benefit City regarding the existing state of title, any state of facts that an accurate survey or physical inspection of the termsLeased Premises might show, covenantsor any restrictions, conditions rules, ordinances, regulations, statutes or any other laws now in effect or hereafter adopted by any governmental authority having jurisdiction, now or hereafter in effect. Tenant acknowledges that it is authorized to occupy the surface of the Leased Premises, which is part of a subdivided lot and provisions hereofis not authorized to occupy any other space within the Property unless the City changes the Leased Premises pursuant to this Section 1.1. The City may grant others rights to occupy the Property, including, but not limited to, other food and beverage or other vendors and the subsurface estate of the Leased Premises. The portions of the Property not occupied by the Tenant or other tenants of the City is reserved by ingress and egress by customers of Tenant or other tenants of the City. The City reserves the right to reduce the space available for ingress and egress at the date of this Ground Lease by authorizing any current tenant or future tenant to occupy part of the Third Floor Property. Subject to the terms of this Ground Lease, Tenant shall have the right to occupy and part use the Building on the Leased Premises. Notwithstanding anything in this Ground Lease to the contrary, the Building upon the Leased Premises shall be and remain the property of Tenant during the Basement Term unless Tenant is in default with respect to payment of Rent (the “Premises”as defined in Section 2.2), as shown on Exhibit “B” attached hereto fines, penalties, fees and made part any other amounts due and owing to the City under this Ground Lease, or has otherwise failed to perform any of hereof, its duties and obligations provided for in the building (Ground Lease, the “Building”) erected on certain land (the “Land”) located at ▇▇▇ City may terminate this Ground Lease. Upon termination, ▇▇▇▇▇▇ ▇▇▇▇▇▇will move the Building off the Leased Premises. If the Tenant does not move the Building within 10 days of termination, the City may take possession and ownership of the Building and take any one or more of the actions provided for in Article 7 of this Ground Lease. The City reserves the right to change the location of the Leased Premises to another location within the Property within 30 days of providing written notice to Tenant. At Tenant’s cost, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, shall move the Building and as more particularly the Business to the new location designated by the City within 30 days of receipt of the notice described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%previous sentence.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with Premises described in the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement Basic Lease Information (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereofA), together with --------- the right in common to use the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereofCommon Areas. For purposes of this Lease, the property (the “Property”) The Common Areas shall mean the Land areas and facilities within the land shown on Exhibit A-1 (the "Land") and within all of the buildings and improvements now or hereafter located thereon. Tenant shall haveon the Land, as appurtenant in each case to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land extent provided and designated by Landlord from time to time for the non-exclusive use general use, convenience or benefit of Tenant and other tenants and other occupants of the Building or improvements Property (e.g., restrooms; janitorial, telephone and electrical closets; sidewalks; --- driveways, public lobbies, entrances and stairs; and unreserved parking areas). So long as the entire rentable area of any building on the Land is contained in the Premises, such building shall not have any Common Areas. The Common Areas shall include the Cultural Center delineated on Exhibit A-1 (the “Common Areas”"Cultural ----------- Center"). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if Landlord may from time to time prescribe rules and regulations for use of and access to the Building is expanded or reconfigured to increase its total rentable area, or if a material portion Cultural Center by Tenant and other tenants of the Common Areas Property. Without limitation of the Building are converted into a separately demised area provisions of any such rules and leased to a specific regulations, Tenant acknowledges that (i) no tenant of the BuildingProperty (including Tenant) shall have exclusive rights to use the Cultural Center, then (ii) some or all of the tenants of the Property (including Tenant’s Proportionate Share ) may be excluded from use of the Cultural Center from time to time to accommodate use of the Cultural Center for special events, (iii) access to the Cultural Center shall be recalculated accordinglyrestricted by means of a locked gate or other apparatus after normal business hours, as prescribed from time to time by Landlord. It is hereby agreed that Landlord reserves the right to make changes to the Common Areas. Building E and Building F are each referred to herein as of a "Building" and are collectively referred to herein as the "Buildings". The Buildings and such other buildings and improvements now or hereafter located on the Land, together with the Land and the Common Areas, are collectively referred to in this Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%the "Property" or the "Real Property".
Appears in 2 contracts
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises, for the term and subject to and together with the benefit of right in common with others to use the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereonCommon Areas. Tenant shall have, as appurtenant have access to the Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the non-exclusive right terms and conditions of this Lease. Subject to useLandlord’s obligations with respect to the Tenant Improvements, Tenant accepts the Premises, Building and permit its invitees to use Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in common with this Lease. Landlord and othersTenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement.
(a) Landlord shall cause to be constructed, in compliance with applicable Laws, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located tenant improvements described on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land Exhibit “C” (the “Common AreasTenant Improvements”). In no event All bids received and subsequent documentation shall Landlord convert any portion of be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the First Floor Atrium of construction meetings (which shall be held not less frequently than twice per month) and in the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Buildingselection process; provided, however, that all contractors shall be selected by Landlord may create entrances from in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the First Floor Atrium Tenant Improvements shall be subject to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (“Tenant’s Proportionate Share”2) business days, then such approval shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)deemed given. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation inspect the progress of the rentable square feet Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with respect adequate work forces so as to achieve Substantial Completion of the Premises Tenant Improvements on or before the Building; providedEstimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from latent defects in materials and workmanship, excluding however, that if all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the Building is expanded or reconfigured to increase foregoing, Landlord shall repair, at its total rentable areasole cost and expense, or if a material portion any latent defects in the Tenant Improvements discovered within one (1) year following the Substantial Completion of the Common Areas of Tenant Improvements.
(b) Notwithstanding the Building foregoing, in the event that the Tenant Improvements are converted into a separately demised area and leased not Substantially Completed, in whole or in part, due to a specific tenant of the BuildingTenant Delay, then Tenant’s Proportionate Share the Free Rent Period shall be recalculated accordingly. It reduced for every day of such delay, and if such delay is hereby agreed that as of longer than the Lease Commencement Date (as hereinafter defined)Free Rent Period, Tenant’s Proportionate Share obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and the Commencement Date shall be equal deemed to 13.99%be the date that the Tenant Improvements would have been Substantially Completed but for such Tenant Delay.
(c) Following the determination of the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Tenant’s acceptance of the Premises in the form of Exhibit “H” attached hereto.
(d) Commencing on the date that is approximately thirty (30) days prior to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the Premises shall not interfere with Landlord’s construction of the Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the policies and safety directives of Landlord’s contractor.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (a) On the “Premises”), as shown on Exhibit “BReplacement Space Commencement Date” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), the definition and description of the Premises in the Lease shall be modified and amended (i) to delete the Original Premises, and (ii) to substitute for the Original Premises certain premises consisting of approximately 9,700 rentable square feet, constituting a portion of the sixth (6th) floor of the Building (the “Replacement Space”) which Replacement Space is shown shaded on the Sixth Floor Plan Rider attached hereto. As a result of the foregoing, the definition and description of the Premises in the Lease shall as of the Replacement Space Commencement Date, no longer refer to the Original Premises but shall refer to the Replacement Space described herein.
(b) Promptly following the date that the “Plans and Specifications” (as defined in the Landlord’s Work Rider attached hereto) are prepared by Landlord, Landlord’s architect shall measure the area of the Premises and furnish to Tenant its certification of the rentable square foot area of the Premises. Landlord’s architect shall measure the Premises from the outside face of exterior walls and from the centerline of interior demising walls. The figure thus obtained shall be multiplied by 123.20% to arrive at the rentable square foot area of the Premises. If the rentable square foot area of the Premises is other than 9,700 square feet, the Annual Rent set forth in Section 3 hereof and Tenant’s Proportionate Share shall be equal adjusted proportionately. The parties acknowledge that there are multiple methods of computing rentable area and hereby agree for the purposes of this Lease that the rentable area of the Premises shall be determined as set forth above.
(c) Landlord shall improve the Replacement Space in conformity with and to 13.99%the extent of the Landlord’s Work Rider attached hereto (the “Landlord’s Work”), and shall have no other obligation to do any work in and to the Replacement Space or the Building to render them ready for Tenant’s occupancy. Subject to the Landlord’s Work Rider, Tenant has inspected the Replacement Space and agrees to take the Replacement Space in its present “as is” condition.
Appears in 2 contracts
Sources: Lease Agreement (Valeritas Holdings Inc.), Lease Agreement (Valeritas Holdings Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from (a) Landlord, for the term and subject to and with the benefit in consideration of the termsrents to be paid and covenants and agreements to be performed by Tenant, covenantsdoes hereby lease unto Tenant premises comprised of approximately 20,000 square feet of leasable space (the "Premises") in the shopping center owned by Landlord containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, conditions in the City of Cleveland, County of Cuyahoga and provisions hereofState of Ohio (the "Center"). The location, part size, and area of the Third Floor Premises and part of the Basement Center as of the Commencement Date (the “Premises”), defined below) will be substantially as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “"A” " attached hereto and made a part hereof (the "Site Plan"). A legal description of the Center is attached hereto as Exhibit "B" and made a part hereof.
(b) The square footage specified in Section 1(a) shall be certified to Tenant by Landlord's architect prior to the Rent Commencement Date (defined in Section 3(b) below). For purposes Tenant shall have ninety (90) days from the receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the middle of interior walls, excluding the square footage of any mechanical and utility rooms, escalators, elevators, stairs and any other common area space located within the Premises. If the square footage of the Premises as verified and confirmed by Tenant pursuant to this Section 1(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area.
(c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that it shall be used as a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, the property (the “Property”) shall mean the Land and all visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (i) reduce the ratio of parking spaces (for standard size American cars) to gross leasable area of buildings now in the Center below five (5) spaces per 1,000 square feet of leasable space, (ii) alter or hereafter located thereon. Tenant shall havemake any changes, including any reduction or rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as appurtenant the "Protected Area", (iii) interfere with truck access to the loading doors of the Premises, (iv) materially adversely interfere with customer access to the Premises, (v) materially adversely interfere with the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, visibility of the elevators, walkways, driveways and access Premises from the roads necessary for providing direct access to the Premises and Center, or (vi) result in the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located construction of any buildings in the area designated "No Build Area" on the Land and designated by Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord from time shall use good faith, commercially reasonable efforts to time for the non-exclusive prevent any interference with parking for, access to or visibility or use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded business of Tenant or reconfigured to increase its total rentable area, any subtenant or if a material portion licensee of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)
Premises. In consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and Premises. The Premises are subject to any and with the benefit all liens, charges, encumbrances and matters of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement record (the “PremisesPermitted Exceptions”), any exclusive uses or prohibited uses set forth in any lease for space in the Project as shown of the Effective Date, including, without limitation to those certain exclusive uses and prohibitions set forth on Exhibit “B” F attached hereto hereto, and made part the terms and conditions set forth in this Lease. The Area of hereofthe Premises includes a proportionate share of the common areas of the Project. The Area of Building, Area of Warehouse, Area of Total Premises, Area of Office Premises and Area of Warehouse Premises are as set forth in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇Basic Lease Information, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord but may be adjusted from time to time for the non-exclusive use of tenants and other occupants of the Building by Landlord to reflect any changes as may be reasonably required or improvements on the Land (the “Common Areas”). In no event shall Landlord convert result from any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedupdated surveys, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing plans or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)drawings or as otherwise set forth herein. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor or Tenant shall have the right to demand have a licensed architect measure the rentable area of the Premises and the Building, or any portion thereof as applicable, to determine the rentable areas of the Premises based on the BOMA Standard (ANSI/BOMA Z65.1-1996, published by the Building Owners and Managers Association) (the “BOMA Standard”) and the party requesting the remeasurement shall deliver an architect’s certificate to the non-requesting party. The non-requesting party shall have fifteen (15) days to deliver comments or recalculation objections to the architect’s certificate. If the non-requesting party delivers comments or objections, Landlord and Tenant and their respective architects shall meet and confer in good faith to resolve any discrepancy in accordance with the BOMA Standard. Upon a final determination of the rentable square feet with respect feet, the parties will enter into an amendment to this Lease reflecting the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area adjustment and leased to a specific tenant of the Building, then Tenant’s Proportionate Share all other amounts specified in this Lease shall be recalculated adjusted accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (McClatchy Co)
Premises. (a) In consideration of the obligation of Tenant to pay Rent as herein provided, Landlord hereby leases lets to Tenant and Tenant hereby leases takes and hires from Landlord, for Landlord the term and subject to and with the benefit Premises comprised of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the areas as outlined as “Premises”), as shown Leased Premises by Tenant” on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” Exhibits A-2 through A-13 attached hereto and made a part hereof. For purposes , to have and to hold for the Term, subject to the terms, covenants and conditions of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall havetogether with, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and othersother tenants, occupants and visitors to the Building, the elevatorscommon lobbies, walkways, driveways and access roads necessary for access to the Premises and the parking areashallways, loading areas, trash enclosures, pedestrian sidewalks, landscaped and other common areas, recreation areas all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and other areas regulations.
(b) Tenant shall also have the right to use and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any exclusively occupy that portion of Building 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and hereinafter referred to as the First Floor Atrium of the Temporary Premises. Until such time that Tenant vacates Building into a separately demised area 4 in its entirety, Building 4 shall be incorporated for the purpose of leasing the same to a specific tenant this Lease as part of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share Premises.
(“Tenant’s Proportionate Share”c) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation use, in common with Landlord and other tenants of the rentable square feet with respect to Buildings, the areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, which shall not be considered part of the Premises or the Building; providedhereunder, however, that if the Building is expanded or reconfigured shall be subject to increase its total rentable area, or if a material portion reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordinglyBuildings. It is hereby agreed understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the event Landlord, leases such areas to another tenant.
(d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and replacing utilities, equipment, and other facilities serving the Premises and Tenant’s operations therein, tenant shall have the right at all times to access the Unrestricted Tenant Access Area, and the same shall not be considered part of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Premises hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit Premises as designated on Exhibit A, consisting of the terms6,255 RSF. Tenant agrees that, covenants, conditions except as expressly stated herein and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” Work Letter attached hereto and made a part hereof. For purposes of to this Lease, no representations or warranties relating to the property (the “Property”) shall mean the Land and all condition of the buildings now Project or hereafter located thereonthe Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall havealso have the nonexclusive right, as appurtenant subject to the Premisesterms hereof, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, then the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as use of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Premises is not materially diminished.
Appears in 2 contracts
Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Premises. Landlord hereby leases The Premises shall be expanded to Tenant and Tenant hereby leases from Landlord, for include the term and subject to and with the benefit 11,654 rentable square feet consisting of the terms, covenants, conditions and provisions hereof, part of the Third 21st Floor and part of the Basement described on Exhibit A-1 hereto (the “Premises21st Floor Space”), as shown from and after the Effective Date or such later date on which the 21st Floor Space is delivered to Tenant in the Required Condition (defined below) (“21st Floor Inclusion Date”). The Premises shall be further expanded to include (a) the 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of the 22nd Floor described on Exhibit A-2 hereto (“B” attached 22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as may be consented to by Tenant, or on such later date on which the 22nd Floor Space and made part of hereof, the 23rd Floor Space are delivered by Landlord to Tenant in the building (Required Condition. The date of delivery of the 22nd Floor Space and the 23rd Floor Space in the Required Condition is hereafter referred to as the “Building22nd and 23rd Floor Inclusion Date”) erected on certain land (. Tenant shall accept the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and 23rd Floor Spaces in their “as more particularly described is”, “where is” condition, and “with all faults”, provided however, each of said spaces shall, on the Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of (i) all tenancies and occupants, (ii) violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in Exhibit “A” attached hereto friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the spaces, and made a part hereofthe asbestos is not in friable condition, or is or can be encapsulated, then Landlord will have no obligation to remove the asbestos. For purposes By way of this Leaseexample, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the property (the “Property”) shall mean the Land and all VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the buildings now or hereafter located thereon21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. Tenant shall haveThe conditions noted in (i), as appurtenant to (ii) and (iii) above are the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas‘Required Condition”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedLANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, howeverEXPRESS OR IMPLIED, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this LeaseRESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, Tenant’s proportionate share INCLUDING WITHOUT LIMITATION (“Tenant’s Proportionate Share”A) shall be calculated by dividing the total rentable area of the Premises ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, CONDITION OR TENANTABILITY, OR (25,472 rentable square feetB) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Appears in 2 contracts
Sources: Lease (G Iii Apparel Group LTD /De/), Lease (G Iii Apparel Group LTD /De/)
Premises. a) Will be delivered demolished and free of environmental hazards. Landlord hereby leases to remove all asbestos, tile, and mastic.
b) Landlord will prepare the Subject Premises with two (2) sections of the concrete floor(s), specifically the first and second floor, removed and ready for Tenant to construct (at Tenant’s expense) an interior stairway interconnecting the concourse level, first and second floors. The stairway area will be designed so as not to require a smoke evacuation system. Landlord will be responsible for all costs associated with the removal of the concrete and structural reinforcement of the floor(s). Landlord will obtain Tenant’s approval of the location best suitable for such penetration(s).
c) Smooth and level concrete floor ready for installation of carpet and interior glass walls without the need to float entire floor. Any and all necessary standard patching will be at Tenant’s sole cost and expense. Concrete floor to be broom clean and free of dirt and debris.
d) The office floor live load is a minimum of 80 psf. Said load is acceptable for typical office use.
e) Landlord to deliver code compliant space including repairing fireproofing of exposed structural steel if required.
f) Any hangers or low voltage wiring within the premises left by the previous tenant will be removed by Landlord.
g) All sprinkler risers, valve connections and main sprinkler loop and branches shall remain; provided that Landlord and Tenant hereby leases from Landlordwill share equally the cost of any Tenant required modifications.
h) The inside face perimeter walls, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇and or bulkheads (non-glass surfaces) shall be framed, ▇▇▇▇▇▇▇dry walled, ▇▇▇▇▇▇▇▇▇insulated, spackled, finished, taped and sanded from slab to finish ceiling ready to accept eggshell paint.
i) All core walls and base building partitions shall be framed, dry walled, spackled, finished taped and sanded from slab to finish ceiling ready to accept eggshell paint.
j) Window treatments will be provided by Tenant at Tenant’s expense. Tenant must follow Landlord’s window treatment specifications.
k) A minimum of one installed ADA accessible drinking fountain per floor located within elevator tower
l) ADA accessible washrooms finished according to building standard with ceramic floors and walls (or their equivalent), finished ceilings, vanities, partitions, accessories, fixtures, trim and lighting. Landlord to renovate interior (H aisle) bathrooms with scope similar to newly renovated second floor, building #4 H aisle bathrooms. Tenant to renovate atrium bathrooms.
m) Finished doors; complete with frame, trim and hardware, installed on all doorways in the service core. On full floor occupancies, door and hardware finishes will be subject to Tenant’s approval.
n) Landlord will install and maintain a perimeter card access system and security system for the building and the common areas.
o) ▇▇▇▇ Works is currently working to provide a state-of-the-art cabling infrastructure from the Master Data Facility (MDF) and Fiber Data Facility (FDF) to the local Independent Data Facility (IDF) rooms, three (3) per floor in each building that will provide internet, telecom/datacom and cable television transport capabilities for ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof▇ Works tenants. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant A cost to the Premises, tenant for using the noncabling infrastructure is expected but pricing has yet to be determined. Each service will be available at the IDF end points via the cabling infrastructure and will provide the appropriate technology hand-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access off(s) to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord tenant space(s).
p) iCIMS has rights to fly an iCIMS logo flag from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%flag pole.
Appears in 2 contracts
Sources: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Premises. Landlord hereby leases The Premises shall be modified and expanded from approximately 10,089 gross leasable square feet to Tenant and Tenant hereby leases from Landlord, for approximately16,786 gross leasable square feet by the term and subject to and with the benefit addition of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement approximately 6,697 gross leasable square feet (the “Expansion Premises”) to the Original Premises. The Expansion Premises shall be as shown as the cross-hatched area on Exhibit A hereto (the contents of which are incorporated hereby by reference). The definitions of “Premises”, “Leased Premises” and “Tenant’s Gross Leasable Area” under section 1.4 of the Original Lease are hereby amended, from and after the New Commencement Date (as hereinafter defined) to include the Expansion Premises for all purposes under the Lease, as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereofamended by this First Amendment. For purposes of this Lease, the property (the “Property”) square feet of gross leasable area” shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant “rentable area” calculated pursuant to the PremisesStandard Method for Measuring Floor Area in Office Buildings, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land ANSJ/BOMA 265.1 -1996 (the “Common AreasBOMA”). In no event shall Landlord convert any portion Within thirty (30) days following the date Tenant commences its occupancy of the First Floor Atrium Expansion Premises, Tenant may, at its sole discretion, elect to cause the number of the Building into a separately demised area for the purpose square feet of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable gross leasable area of the Premises (25,472 rentable to be verified by Tenant’s space measurement consultant, and such verification shall be made in accordance with the provisions of this section. Landlord’s architect may consult with Tenant’s space measurement consultant regarding verification of the number of square feet) by the total rentable feet of gross leasable area of the Building Premises; however, the determination of Tenant’s space measurement consultant shall, except as provided below, be conclusive and binding upon the parties. If Landlord disagrees with the square footage as determined by Tenant’s space measurement consultant and gives Tenant written notice thereof within fourteen (182,106 rentable square feet). 14) days after the date Landlord received written notice of such determination, Landlord and Tenant acknowledge shall, in good faith, attempt to resolve the disagreement. If Landlord and accept Tenant are unable to resolve the disagreement within ten (10) days following the date Tenant receives Landlord’s disagreement notice, then the parties shall promptly appoint a mutually acceptable architect to remeasure the Premises in accordance with BOMA, and the determination of such architect shall be binding upon Landlord and Tenant. The cost of such architect shall be home by Landlord unless such architect determines that Tenant’s measurement was error by more than three percent (3%), in which event Tenant shall pay for the cost of such architect. In the event that the foregoing measurement determines that the amounts thereof shall be different from those set forth in the Lease, as amended by this First Amendment, Landlord shall modify all amounts, percentages and figures appearing or referred to in this First Amendment to conform to such corrected rentable square feet as set forth herein and neither Landlord nor Tenant shall have footage (including, without limitation, the right to demand remeasurement or recalculation amount of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area “Base Monthly Rent” and leased to a specific tenant of the Building, then “Tenant’s Proportionate Share shall Allocated Share” as those terms are defined in this First Amendment). If such modification is made, it will be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), confirmed in writing by Landlord to Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Lease (Nevro Corp), Lease (Nevro Corp)
Premises. Landlord hereby leases the Premises to Tenant Tenant, and Tenant hereby leases the Premises from Landlord, for upon the term terms and conditions of this Lease. Tenant agrees that the rentable floor areas of the Premises, the Buildings, and the Property set forth the in Basic Lease Information are approximations that are reasonable and shall not be subject to and with the benefit of the termsrevision except as expressly provided in this Section 1. Accordingly, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For for all purposes of related to this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 and the Buildings as of the Lease Date shall be conclusively deemed to be the number of rentable square feet) by feet for such spaces set forth in the total rentable area of the Building (182,106 rentable square feet)Basic Lease Information. Landlord and Tenant acknowledge and accept acknowledges that the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation footage of the rentable square feet with respect Premises may include a proportionate share of certain areas used in common by all tenants of the Buildings, such as an electrical room or telephone room. If after the Lease Date Landlord conveys its interest in a part, but less than all of, the Property, the term “Property” shall be adjusted to refer only to the Premises or part of the Building; provided, however, Property that if the Landlord continues to own after such conveyance. If either Building is expanded or reconfigured to increase modified after the Lease Date in a manner that actually changes its total rentable area, or if Landlord conveys a material portion part of the Common Areas of Property and the Building are converted into a separately demised area and leased to a specific tenant of term “Property” is redefined under the Buildingprevious sentence, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as adjusted to be the quotient of the Lease Commencement Date (rentable area of the Premises divided by the rentable area of the Property, expressed as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%a percentage.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)
Premises. The parties acknowledge that, in connection with the Tax Abatement Process, Landlord will convey title to the Property (or a portion thereof) to the Development Authority and enter into the Prime Lease as the lessee thereunder. As a result and at such time, this Lease shall become and shall be reconstituted as a sublease between Landlord, as substandard, and Tenant, as subtenant. As set forth in the documents evidencing the Tax Abatement Process (the “Bond Documents”), upon the expiration or termination of the Prime Lease, it is the intent of the parties hereunder and under the Bond Documents that the Development Authority will re-convey the Property (or a portion thereof) to Landlord (or its successor under the Bond Documents), and this Lease will be reconstituted as a direct lease between Landlord (or its successor) and Tenant for the Premises. In the event the Development Authority retains title to the Property (or a portion thereof), it is the intent of the parties hereto and under the Bond Documents that this Lease would thereupon become a direct lease between the Development Authority and the Tenant, subject to the rights of any lender holding a leasehold mortgage. Landlord hereby leases to Tenant unto Tenant, and Tenant hereby leases from Landlord, for the term and Premises, subject to and with the benefit of the terms, covenants, covenants and conditions and provisions hereof, part of this Lease. The Premises are or will be located in the Building in the project commonly known as New Manchester Distribution Center (all of the Third Floor land and part of existing and future buildings in the Basement (distribution center owned by Landlord [or its affiliates] being the “PremisesProperty”), as shown on Exhibit “B” attached hereto and made part of hereof, which is located in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇County, Georgia. The rentable square feet of the Phase Two Premises shall be certified to Landlord and Tenant by Landlord’s Architect (as more particularly described hereinafter defined) and the Rent (as hereinafter defined) and other affected provisions of this Lease shall be adjusted accordingly. All exhibits attached to this Lease are incorporated herein by reference. This Lease shall create the relationship of landlord and tenant between Landlord and Tenant; no estate shall pass out of Landlord; Tenant has only a usufruct, not subject to levy and sale and not assignable by Tenant except as otherwise provided in Exhibit “A” attached hereto this Lease. In addition to the interest in the Premises demised to Tenant under this Lease, Landlord hereby grants Tenant a nonexclusive right for so long as this Lease is in full force and made a part hereof. For purposes effect to use the Common Areas, (as hereinafter defined) of the Property in common with others entitled to use the Common Areas, including Landlord and other tenants of the Property and their respective employees, licensees and invitees and other persons authorized by Landlord to perform services at the Property, subject to the terms and conditions of this Lease, the property (the “Property”) shall mean the Land including any and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, rules and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated regulations promulgated by Landlord in accordance with the terms of this Lease. The Common Areas are initially as designated on Exhibit A-2 Landlord may from time to time for change the non-exclusive use size, use, shape, configuration or nature of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium Common Areas, so long as such change does not adversely affect Tenant’s access, substantial benefit or enjoyment of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenantsPremises. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Neither Landlord nor Tenant shall Landlord’s agents have the right to demand remeasurement made any representations, warranties or recalculation of the rentable square feet promises with respect to the Premises or the Building; providedProperty, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of Areas, the Building are converted into a separately demised area and leased to a specific tenant physical condition of the Building, then the land upon which it is erected, or the Premises, or any matter or thing affecting or related to the Premises except as expressly set forth in this Lease. Landlord represents that it has marketable and insurable title to the Building and the land on which the Building lies and that, other than as set forth in Chicago Title Insurance Company Owner’s Policy No. 72106-386555 having an effective date of July 29, 2002, and Chicago Title Insurance Company Loan Policy No. 72107-723204 having an effective date of July 29, 2002, to the best of its knowledge, there are no liens, encumbrances, easements, restrictions, covenants, zoning laws or regulations affecting the Building or Property which adversely affect this Lease or Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as rights hereunder or the foreclosure of the which or other exercise of rights would terminate this Lease Commencement Date (as hereinafter defined), or otherwise adversely affect Tenant’s Proportionate Share shall be equal to 13.99%rights hereunder.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Premises. The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to fulfill Landlord’s obligations as outlined in the Tenant/Landlord Responsibility Matrix attached hereto as Exhibit D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work (to the extent that such Landlord’s Work does not materially interfere with the construction of Tenant’s Work); (ii) demolition and disposal of the existing improvements in the Premises, (iii) installation of a new centralized lab-ready base building HVAC system, delivery of mechanical electrical, life safety and plumbing systems serving the Premises in good operating condition and repair, and (iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease . Landlord shall perform the Landlord’s Work in a good and workmanlike manner, free from faults and defects, in compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the Landlord’s Work in a timely and diligent manner and in accordance with the Construction Schedule set forth at Exhibit M, and with the benefit completion of the termsLandlord’s Work scheduled to occur no later than May 31, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement 2018 (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common AreasLandlord’s Work Target Date”). In no the event that Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Delay pursuant to the Work Letter, Tenant shall Landlord convert any portion be entitled to one (1) day of abatement of Annual Fixed Rent for each day of such delay. Completion of Landlord’s Work shall be achieved when such work is complete except for Punch List (as defined below) items that do not adversely affect Tenant’s Use and occupancy of the First Floor Atrium Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the Building into a separately demised area City of Cambridge for Landlord’s Work (excluding the purpose Tenant Improvements). In the event that Landlord has not completed Landlord’s Work within forty-five (45) days after the Initial Delivery Deadline, then Tenant shall be entitled to two (2) days of leasing abatement of Annual Fixed Rent for each day of such delay. In the same event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to a specific tenant extension for each day of the Building; provided, however, Landlord may create entrances from the First Floor Atrium Tenant Delay pursuant to the South Work Letter, this Lease may be terminated by Tenant, effective upon written notice delivered to Landlord no later than the date that is ten (10) days after such Outside Delivery Deadline. If Tenant has not delivered such written notice of termination to Landlord within such required time period, then this Lease shall remain in full force and East Wings effect. If Tenant delivers such written notice of termination within such required time period, then the First Floor in order Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to provide access to such areas for existing or future tenants. For purposes which Landlord is entitled under the provisions of this Lease), Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein returned to Tenant, and neither Landlord nor Tenant shall have the right any further rights, duties or obligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall use good faith efforts to demand remeasurement or recalculation ensure, and cause Contractor to ensure, that completion of the rentable square feet Landlord’s Work shall not interfere with the ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the “Punch List”). Landlord shall complete and/or correct all items on the Punch List within thirty (30) days after Landlord receives the Punch List and shall give Tenant written notice when all of the items on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be installed within the Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (a “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne by Tenant or payable out of the LIA (as defined in the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of record encumbering the Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and occupancy of the Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the Premises Premises, the Building or the Building; provided, however, that if Property or with respect to the Building is expanded or reconfigured to increase its total rentable area, or if a material portion suitability of any of them for the conduct of the Common Areas Tenant’s business or activities. The Premises shall exclude common areas and facilities of the Building are converted into a separately demised area Property, including without limitation exterior faces of exterior walls, the entry, vestibules and leased to a specific tenant main lobby of the Building, then Tenant’s Proportionate Share first floor elevator lobby and lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor. Landlord shall be recalculated accordingly. It is hereby agreed that delivering the Premises in “as is” condition at the Commencement Date of the Lease. Prior to the Commencement Date, Landlord shall provide Tenant with evidence of the decommissioning of the Premises by the prior tenant. Landlord represents and warrants to Tenant that, to the best of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord covenants to keep the Building in compliance throughout the Term; (b) Landlord holds the tenant’s interest under the Ground Lease Commencement Date (as hereinafter definedsuch term is defined in Section 12.14), Tenant’s Proportionate Share shall be equal subject to 13.99%no mortgage other than the current mortgage to CIGNA; (c) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (d) no other party has any possessory right to the Premises or has claimed the same.
Appears in 2 contracts
Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject Subject to and with the benefit of the terms, covenants, conditions provisions of this Lease and provisions hereof, part any ground lease or land disposition agreement relating to that certain parcel of land on which the Third Floor and part of the Basement (the “Premises”), Building is located known as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, and as more particularly described in on Exhibit “A” "B" attached hereto and made a part hereof. For purposes hereof (the "Lot"), Landlord hereby leases to Tenant and Tenant leases from Landlord, Tenant's Space in the Building, excluding exterior faces of this Leaseexterior walls, the property (the “Property”) shall mean the Land common facilities area and all building service fixtures and equipment serving exclusively or in common other parts of the buildings now or hereafter located thereonBuilding Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice(a) the common facilities included in the Building or on the Lot, including the parking facilities (which currently consists of 362 parking spaces and otherswhich at all times during the Term shall consist of at least 3.3 spaces per 1,000 square feet of leased area, the elevatorsparking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, walkwaysincluding their employees and/or invitees, driveways and access roads necessary for access which use there shall not be an additional charge to Tenant, its employees or invitees), bathrooms and other facilities, to the extent from time to time designated by Landlord, and (b) the Building service fixtures and equipment serving the Premises Other tenants of the Building have been provided use of the parking spaces on the same non-reserved basis as provided to Tenant pursuant to subparagraph (a) above. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use (a) to install, repair, replace, use, maintain and relocate for service to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and to other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants parts of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedeither, however, Landlord may create entrances from the First Floor Atrium to the South building service fixtures and East Wings of the First Floor equipment wherever located in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed and (b) to alter or relocate any other common facility provided that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%substitutions are substantially equivalent or better.
Appears in 2 contracts
Sources: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Premises. Landlord Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant as hereinafter set forth, hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to and with the benefit exclusive use of the terms, covenants, Tenant in the Building for the Lease Term and upon the conditions and provisions hereofagreements hereinafter set forth below. Landlord and Tenant stipulate that the estimated rentable square footages of the Premises and the Building, respectively, are as set forth in the Summary of Basic Lease Terms. This Lease shall constitute a binding agreement between the parties effective as of the Effective Date. In addition to the use of Premises, Tenant shall have use of all of the hallways, entryways, stairs, elevators, driveways, parking areas, walkways, common kitchens, conference rooms, restrooms and all other areas in the Building or on the Land that are provided from time to time by Landlord for the general nonexclusive use by Tenant and other tenants of the Building (the “Common Area”). Tenant will have the ability to use additional amenities, on a non-exclusive basis, including certain common kitchens, bathrooms, conference rooms, and other amenities provided by the Landlord to Tenant from time to time pursuant to the terms of this Lease (the “Amenities”), which Amenities are a part of the Third Floor Common Area and part of the Basement situated in certain areas designated by Landlord (the “PremisesAmenities Area”), as shown on Exhibit “B” attached hereto and made part . Provisions regarding the remodeling or construction of hereof, Landlord’s Work within the Premises are set forth in the building (Work Letter. Except as set forth in the Work Letter or otherwise in this Lease, Landlord has no obligation for the completion of any finish work or remodeling of the Premises, other than being delivered freshly painted and in broom clean condition. Other than as set forth herein, Tenant shall accept the Premises on the Commencement Date in their “Building”) erected on certain land (as is” condition, and, except as expressly set forth in this Lease, Landlord shall not be deemed to have made any representations or warranties with respect to the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇suitability of the Premises for Tenant’s use, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇or otherwise, and as more particularly described shall have no other obligation for the completion of the Premises. By taking possession of the Premises, Tenant shall be deemed to have agreed that the same is in Exhibit “A” attached hereto good order, repair, and made a part hereofcondition. For Notwithstanding the foregoing, Tenant may access the Premises prior to the Commencement Date for purposes of constructing and installing its improvements within the Laboratory Premises. Any such period of early occupancy shall be governed by all of the terms and conditions of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. except that Tenant shall have, as appurtenant have no obligation to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet pay rent except as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%in Paragraph 3.
Appears in 2 contracts
Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement Premises generally depicted on Exhibit “A-1” (the “Premises”), as shown on Exhibit “B” attached hereto and made which Premises are part of hereof, in the building (the “Building”) erected on certain land (the “Land”) real property commonly known as Evolutions Plaza located and addressed at ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, as more specifically described or depicted on Exhibit “A.” Said Evolutions Plaza includes all land, improvements, additions, extensions and deletions which may be made thereto from time to time (collectively, the “Plaza”). However, ▇▇▇▇▇▇▇▇’s determination of the Premises floor area will be deemed presumptively correct by ▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof▇▇▇▇▇▇ hereby agrees to Landlord’s determination, without reservation. For purposes Landlord may, from time to time during the Term, verify the floor area of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas Plaza and other areas and facilities, if any, which are located on in the Land and designated by event that Landlord determines that the floor area of the Premises and/or Plaza differs from that initially or thereafter calculated or thereafter changes from time to time for during the non-exclusive use of tenants Term, the Premises and/or Plaza floor area shall be revised accordingly and other occupants of such revised figures shall be deemed to be the Building or improvements on the Land (the “Common Areas”)Premises and/or Plaza floor area thereafter. In no event shall Landlord convert such case, the Minimum Annual Rent, Additional Rent, and any portion other payments due hereunder which are determined on a basis of the First Floor Atrium of the Building into a separately demised floor area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area increased or decreased accordingly. ▇▇▇▇▇▇▇▇’s determination of the Premises (25,472 rentable square feet) and/or Plaza floor area will be deemed to be presumptively correct by ▇▇▇▇▇▇, and ▇▇▇▇▇▇ hereby agrees to Landlord’s determination, without reservation. The term “floor area” means the total rentable area number of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have of floor space for the right to demand remeasurement Premises, measured from the exterior faces of exterior walls, storefronts, walls fronting on the enclosed Plaza or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the interior Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defineddefined in Section 4.01), Tenant’s Proportionate Share shall corridors and service areas, and the Plaza lines of party walls or common partitions. No deduction or exclusion from floor area will be equal to 13.99%made by reason of columns other interior construction, improvements or obstructions.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Premises. 2.1 Tenant leases the Premises from Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject upon the conditions and covenants set forth in this Lease. Landlord shall not have the right to relocate Tenant during the Lease Term and with any Extension Term. Except as may otherwise be expressly provided in this Lease, the benefit lease of the termsPremises does not include the right to use the roof, covenantsmechanical rooms, electrical closets, janitorial closets, telephone rooms, parking areas or non-common or non-public areas of any portion of the Building, whether or not any such areas are located within the Premises. However, Tenant, at no additional charge to Tenant during the Term of the Lease and any Extension Term, shall have the exclusive right to use the balconies located on the fourth and fifth floors of the Building and accessible solely through the Fourth Floor Premises and the Fifth Floor Premises, respectively (collectively, the “Balconies”), and the non-exclusive right to use the following: (1) the plenums, risers, electrical closets, telephone rooms, ducts or pipes on or serving the floor on which the Premises are located (other than those existing installed facilities within or outside the Premises, or such future installed facilities outside the Premises, that are dedicated for another tenant’s exclusive use and provided Tenant shall have such utilization in no greater proportion than the ratio by which the square feet of rentable area in the Premises compares to the square feet of rentable area in the Building) in accordance with any commercially reasonable riser management plan for the Building and plans and specifications to be approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and provided that Tenant shall not be charged for the use of existing risers, and Landlord shall not unreasonably withhold, condition or delay its approval of the installation of new risers at Tenant’s expense; (2) the Parking Facilities in accordance with Article XXIV and all Common Areas in the Building; and (3) any mechanical rooms, electrical closets and telephone rooms located within the Premises and other parts of the Building (including the Building’s main point of entry) reasonably needed for the installation of Tenant’s communication and data processing, cabling and connectivity, and for the purpose for which they were intended, but only with Landlord’s prior consent, which consent shall not be unreasonably withheld, delayed or conditioned (except to the extent that such rooms and closets contain no system, wiring or other item related to either the Building Structure and Systems or to a structure or system of any tenant or occupant other than Tenant, in which case no such prior consent of Landlord shall be required for use by Tenant’s on-site, properly licensed, trained technicians or Tenant’s employees, consultants and contractors) and strictly in accordance with Landlord’s commercially reasonable rules, regulations and requirements in connection therewith. Tenant’s rights in respect of the Balconies shall be on the following terms and conditions: (a) Tenant, and not Landlord, shall be responsible for any damage or liability of any kind or for any injury to or death of persons arising on or about the Balconies and to provide liability insurance coverage in respect thereof, to the same extent and upon the same terms and conditions and provisions hereof, as if the same were a part of the Third Floor and part Premises; (b) Tenant shall be solely responsible to provide janitorial service in respect of any cleaning of the Basement Balconies and to keep any and all personal property of Tenant thereon in good order and repair; and (c) Tenant’s use of the Balconies is subject to all applicable Laws and to all obligations of Tenant under this Lease in respect of the Premises. Any delay in Landlord’s delivery of possession of the Premises shall not make this Lease void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, subject to the provisions of Section 2.3(b) hereof; provided that upon the Rent Commencement Date and subject to any abatements described in Section 2.3(b) and 4.1(b), Tenant shall be required to commence payment of Base Rent only in respect of that portion of the Premises for which possession has been delivered to Tenant, determined in the proportion to the rentable area thereof bears to entire rentable area of the Premises.
2.2 The parties shall have the rights and obligations provided in this Section in respect of those certain premises located on the third floor of the Building known as Suite 310 and containing an agreed 3,605 rentable square feet in the approximate location shown on Exhibit A-1 hereto (the “Suite 310 Premises”), as shown on Exhibit “B” attached hereto upon and made part of hereof, in subject to the building following terms and conditions:
(the “Building”a) erected on certain land (the “Land”) located at ▇▇▇ The Suite 310 Premises are currently occupied by ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇& ▇▇▇▇▇▇ ▇▇▇▇▇(“Existing Suite 310 Tenant”) pursuant to an existing lease (as amended to date, the “Existing Suite 310 Lease”) that has a fixed term expiring January 31, 2016. Within three (3) days after full execution and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes delivery of this Lease, Landlord shall deliver to the property Existing Suite 310 Tenant (with a concurrent copy to Tenant) a written lease termination agreement (the “PropertySuite 310 LTA”) shall mean the Land and all in respect of the buildings now or hereafter located thereonExisting Suite 310 Lease providing as follows: (i) the term of the Existing Suite 310 Lease would end and terminate as of January 31, 2013, by which date the Existing Suite 310 Tenant would vacate the Suite 310 Premises; (ii) Landlord would pay to the Existing Suite 310 Tenant the sum of $60,000.00; (iii) the Existing Suite 310 Tenant would acknowledge that no amount is due from Landlord in respect of a tenant allowance that had been available to Tenant under the Existing Suite 310 Lease but was not used; and (iv) such agreement would otherwise be upon terms and conditions reasonably satisfactory to Landlord. Landlord shall give Tenant notice if and when the Suite 310 LTA has been fully executed and delivered (the “Suite 310 LTA Execution Notice”).
(b) Provided and on condition that Landlord delivers the Suite 310 LTA Execution Notice to Tenant no later than July 31, 2012 (the “Outside Suite 310 Date”) the following terms and conditions shall haveapply:
(i) The Suite 310 Premises shall automatically be included in the Premises covered by this Lease, as appurtenant the First Floor Premises shall automatically be removed from the Premises covered by this Lease, and the following amendments to this Lease shall apply:
(A) Each of the Base Rents for the Lease Term shall be increased by an amount equal to the scheduled Base Rent set forth in Section 1.1, multiplied by a fraction, the numerator of which is 405 (the increase in rentable square feet by substituting the Suite 310 Premises in place of the First Floor Premises) and the denominator of which is 86,790 (the total rentable square foot area of the Premises on which the Base Rent schedule in Section 1.1 was determined);
(B) The Parking Allotment shall increase from 347 to 349, and the minimum number of parking spaces for which the Parking Charge is due shall increase from 130 to 131 parking spaces;
(C) Tenant’s Proportionate Share shall be increased to 49.59% in accordance with the calculation described in Section 5.2(a); and
(D) The Improvements Allowance shall be decreased by $5,700.00 (which is a net amount calculated by (I) increasing the Improvement Allowance by $24,300.00 with respect to the net increase in total area of the Premises, and (II) decreasing the non-exclusive Improvement Allowance by $30,000.00 with respect to the removal of the Special Additional Allowance).
(ii) Notwithstanding the provisions of subsection (i) above, Tenant shall have the right and option (the “First Floor Option”), to be exercised by written notice given to Landlord not later than the thirtieth (30th) day following Tenant’s receipt of the Suite 310 LTA Execution Notice (the “First Floor Option Expiration Date”), to cause the First Floor Premises to remain part of the Premises covered by this Lease. If Tenant exercises the First Floor Option, the First Floor Premises shall continue to be included as a portion of the Premises, and the terms of this Lease shall be further amended as follows:
(A) Each of the Base Rents for the Lease Term shall be further increased (in addition to the increase provided in subsection (b)(i)(A) of this Section) by an amount equal to the scheduled Base Rent set forth in Section 1.1, multiplied by a fraction, the numerator of which is 3,200 (rentable square feet of the First Floor Premises) and the denominator of which is 86,790 (the total square foot area of the Premises on which the Base Rent schedule in Section 1.1 was determined);
(B) The Parking Allotment shall increase from 349 to 362, and the minimum number of parking spaces for which the Parking Charge is due shall increase from 131 to 136 parking spaces;
(C) Tenant’s Proportionate Share shall be increased to 51.41% in accordance with the calculation described in Section 5.2(a); and
(D) The Improvements Allowance shall be increased by $222,000 (which is a sum calculated by (I) increasing the Improvement Allowance by $192,000.00 with respect to the increase in total area of the Premises, and (II) increasing the Improvement Allowance by the Special Additional Allowance of $30,000.00 for the First Floor Premises described in Section 1.7).
(iii) Promptly following the date by which Tenant must exercise its First Floor Option, Landlord and Tenant shall enter into a commercially reasonable written amendment to this Lease confirming the terms, conditions and provisions applicable by reason of the provisions of this subsection (b). The failure of Landlord and Tenant to timely execute such amendment shall not negate the exercise of the First Floor Option.
(c) If Landlord fails to deliver the Suite 310 LTA Execution Notice to Tenant by the Outside Suite 310 Date, then Tenant shall have a right to useexpand the Premises to include the Suite 310 Premises (the “Suite 310 Expansion Right”) as provided in this subsection. Tenant may exercise the Suite 310 Expansion Right by written notice to Landlord (“Suite 310 Expansion Notice”) given not later than March 31, 2015, in which event the Suite 310 Premises shall be included in the Premises covered by this Lease, subject to and permit its invitees upon the following terms and conditions:
(i) Rentals and charges shall commence to use be payable in common with respect of the Suite 310 Premises on the date (the “Expansion Rent Commencement Date”) that is the first to occur of (A) the 121st day following the date on which the Suite 310 Premises are delivered by Landlord to Tenant and others(B) the date upon which Tenant commences business operations in any portion of the Suite 310 Premises.
(ii) Effective from and after the Expansion Rent Commencement Date, the elevators, walkways, driveways and access roads necessary for access Base Rent shall be increased by an amount equal to the product of the rentable area of the Suite 310 Premises multiplied by the per rentable square foot amount from time to time payable in respect of the Premises originally demised pursuant to this Lease (and excluding any ROFO Space), so that Tenant will then commence and thereafter continue to pay Base Rent in respect of the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on Suite 310 Premises at the Land and designated by Landlord same escalated rate per rentable square foot as is in effect from time to time for the non-exclusive use of tenants Premises originally demised hereunder.
(iii) Effective from and other occupants of after the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Expansion Rent Commencement Date (as hereinafter defined)Date, Tenant’s Proportionate Share shall be increased by reference to increase in the rentable area of the Premises resulting from the addition of the Suite 310 Premises, and Tenant shall pay increases in Operating Charges and Real Estate Taxes in respect of the Suite 310 Premises using the same Operating Charges Base Year and Real Estate Taxes Base Year applicable in respect of the Premises originally demised hereunder.
(iv) Effective upon the Expansion Rent Commencement Date, the Parking Allotment (and minimum parking spaces in Section 1.12) shall be increased in proportion to the increase in the rentable area of the Premises resulting from the addition of the Suite 310 Premises (the “Suite 310 Parking Increase”).
(v) In addition to the terms and conditions set forth in this Section 2.2(c) in connection with Suite 310 Expansion Right, Landlord shall make available to Tenant the following improvements allowance, Base Rent abatement and Parking Allotment concessions in respect of the Suite 310 Premises:
(A) An improvements allowance equal to 13.99the product of (I) the rentable area of the Suite 310 Premises, multiplied by (II) $60.00 per rentable square foot, multiplied by (III) a fraction (the “Expansion Calculation Fraction”), the numerator of which is the number of months in the period beginning upon the Expansion Rent Commencement Date and ending upon the Expiration Date originally provided herein (including a fraction for any partial month in such period) and the denominator of which is 130. Such improvements allowance shall be payable to Tenant upon and subject to the same terms and conditions herein set forth for the Improvements Allowance provided in Section 4 of Exhibit B hereto, except that references in such Section to “Tenant’s Work” shall mean and be construed as references to Alterations performed by Tenant to the Suite 310 Premises and the outside date applicable for purposes of subsection (4) of such Section shall be the last day of the twenty-ninth (29th) full calendar month following the Expansion Rent Commencement Date. For example, if the Expansion Rent Commencement Date occurs on June 1, 2016, the number of months remaining through the Expiration Date for the Suite 310 Premises shall be 96 months which shall be numerator of the Expansion Calculation Fraction, and the denominator thereof shall be 130 based on the number of months for the original Lease Term (that is, 96/130ths), and therefore the improvements allowance for the Suite 310 Premises shall be (x) 3,605 rentable square feet multiplied by (y) $60.00 per rentable square foot multiplied by (z) 96/130ths which equates to an allowance equal to $159,729.23.
(B) Base Rent abatement equal to fourteen (14) months multiplied by the Expansion Calculation Fraction, rounded to the nearest number of days based upon a thirty (30) days month, and taken at the times provided below. For example, if the Expansion Rent Commencement Date occurs on June 1, 2016, the Base Rent abatement in respect of the Suite 310 Expansion Right (the “Suite 310 Base Rent Abatement”) shall be fourteen (14) months multiplied by 96/130ths which equates to ten (10) months, ten (10) and 20/130th days, which rounds to ten (10) months and ten (10) days. The Suite 310 Base Rent Abatement shall be taken in the following calendar months after the Expansion Rent Commencement Date: (i) as to four (4) months thereof, in months two (2) through five (5), inclusive; (ii) as to the excess of the number of full and any partial calendar months of Suite 310 Base Rent Abatement over (8) months, beginning in month thirteen (13) and continuing thereafter for such number of full and partial calendar months; and (iii) as to four (4) months thereof, in months sixty-one (61) through sixty-four (64), inclusive. For example, if the Expansion Rent Commencement Date occurs on June 1, 2016, the Suite 310 Base Rent Abatement shall be taken in the following calendar months after the Expansion Rent Commencement Date: (A) in months two (2) through five (5), inclusive; (B) in month thirteen (13) and fourteen, and in the first ten (10) days of month fifteen (15); and (C) in months sixty-one (61) through sixty-four (64), inclusive.
(C) A fifty percent (50%) reduction in the amount of the parking charges payable by Tenant in respect of the Suite 310 Parking Increase for a period equal to twenty-four (24) months multiplied by the Expansion Calculation Fraction, rounded to the nearest number of days based upon a thirty (30) days month, beginning upon the Expansion Rent Commencement Date. For example, if the Expansion Rent Commencement Date occurs on June 1, 2016, such reduction in parking charges shall begin upon the Expansion Rent Commencement Date and continue for a period of twenty-four (24) months multiplied by 96/130ths which equates to seventeen (17) months, twenty-one (21) and 90/130th days, which rounds to seventeen (17) months, twenty-two (22) days.
(vi) Tenant shall accept the Suite 310 Premises in “AS-IS” conditi
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)
Premises. Subject to the terms and conditions set forth in this Lease, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), Premises as shown on Exhibit “B” attached hereto and made part of hereof, A-1. Tenant has determined that if constructed in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of accordance with this Lease, the property (Premises will be acceptable for Tenant's use and Tenant acknowledges that neither Landlord nor any broker or agent has made any representations or warranties in connection with the “Property”) shall mean the Land and all physical condition of the buildings now Premises or hereafter located thereontheir fitness for Tenant's use. Within thirty (30) days after the Delivery Date, Landlord's space measurement consultant shall verify in writing to Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use number of rentable square feet contained in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areasBuilding, loading areasand such verification shall be made in accordance with the Standard Method for Measuring Floor Area in Office Buildings, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land ANSI/BOMA Z65.1 - 1996 (the “Common Areas”"BOMA"). In no the event that Landlord's space measurement consultant determines that the amounts thereof shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances be different from the First Floor Atrium to the South and East Wings of the First Floor those set forth in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected rentable square footage (including, without limitation, the amount of Base Rent and Tenant’s proportionate share 's Percentage Share). If such modification is made, it will be confirmed in writing by Landlord to Tenant. Tenant's architect shall have the opportunity, but only within ten (“Tenant’s Proportionate Share”10) shall be calculated by dividing the total rentable area days after Landlord's written notice to Tenant of the Premises (25,472 rentable square feet) by the total rentable area verified number of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor (after which time Tenant shall have the no right to demand remeasurement or recalculation of the rentable square feet object to such verification as provided hereinbelow), to consult with respect Landlord's space measurement consultant regarding such verification to the Premises or the Buildingconfirm that Landlord's space measurement consultant's determination is accurate and in accordance with BOMA; provided, however, that if the Building is expanded or reconfigured Tenant shall notify Landlord in writing of any objection to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased such determination no later than three (3) days after Tenant's consultation with Landlord's space measurement consultant. Tenant's failure to a specific tenant of the Building, then Tenant’s Proportionate Share timely object to Landlord's determination shall be recalculated accordinglydeemed Tenant's acceptance of such determination and such determination shall then be conclusive and binding upon the parties. It is hereby agreed that as Tenant's objection notice, if any, shall include the basis for Tenant's objection to such determination in sufficient detail to allow Landlord's space measurement consultant to investigate such objection. Landlord's space measurement consultant shall, no later than fifteen (15) days after Landlord's receipt of Tenant's objection notice, provide Tenant with a second determination (which may or may not be revised from the Lease Commencement Date (as hereinafter definedfirst determination based on such consultant's reasonable applicable of BOMA standards), Tenant’s Proportionate Share which second determination shall then be equal to 13.99%conclusive and binding upon the parties.
Appears in 2 contracts
Sources: Office Lease (Allos Therapeutics Inc), Office Lease (Allos Therapeutics)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit That portion of the termsBuilding consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement as shown on Exhibit B (the “Premises”), as shown located on Exhibit “B” attached hereto Floors 13 through 18 (19,044 RSF per floor) and made part 3,992 RSF of hereofdeck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the building (Premises shall be determined following completion of the “Building”) erected Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇Rentable Area contained the Premises, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Landlord and as more particularly described in Exhibit “A” attached hereto and made Tenant shall execute a part hereof. For purposes of commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the property (the “Property”) shall mean the Land revised Rent, Tenant’s Pro Rata Share and all other modifications to this Lease required by reason of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”)certified Rentable Area. In no event shall Landlord convert any portion the actual Rentable Area of the First Floor Atrium of Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building into a separately demised area for therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the purpose of leasing Premises, and fire and life safety equipment within and exclusively serving the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium Premises. Notwithstanding anything to the South and East Wings of the First Floor contrary in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) but subject to the provision that in no event shall be calculated by dividing the total rentable area actual Rentable Area of the Premises (25,472 rentable square feet) by be greater than 3% over the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as sizes set forth herein and neither herein, Landlord nor Tenant shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to demand remeasurement or recalculation re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant Landlord’s re-measurement of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 2 contracts
Sources: Office Building Lease, Office Building Lease (Avalara Inc)
Premises. Landlord hereby leases the Premises to Tenant upon the terms and conditions contained herein. Landlord hereby grants to Tenant hereby leases from Landlord, a license for the term right to use, on a non-exclusive basis, parking areas and ancillary facilities located within the Common Areas of the Park, subject to and with the benefit terms of this Lease; provided, however, such license shall only be revocable (i) if Tenant is in default of its obligations under this Lease beyond applicable cure periods, or (ii) upon the terms, covenants, conditions and provisions hereof, part expiration or earlier termination of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereofthis Lease. For purposes of this Lease, the property (the “Property”) term "Premises" shall mean and refer to the Land and all entirety of both of the buildings now or hereafter located thereonBuildings, namely, Building A and Building B situated within the Park. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary Tenant hereby agree that for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing as of the total Lease Date, the rentable square footage area of the Premises (25,472 rentable square feet) by Premises, the total rentable area Buildings, the Lot and the Park shall be deemed to be the number of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have in the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the BuildingBasic Lease Information on Page 1; provided, however, within fifteen (15) days after the date on which Landlord causes the Buildings to be Substantially Completed (as such term is defined in Exhibit B hereto), Tenant may have its architect verify the actual rentable square feet contained within the Premises (i.e. the Buildings), provided that if the Building is expanded or reconfigured basis of such measurement shall be measured from drip line to increase its total drip line and not in accordance with BOMA standards. Tenant hereby acknowledges that the rentable area, or if a material portion square footage of the Common Areas Premises may include a proportionate share of certain areas used in common by all occupants of the Building are converted into a separately demised area Buildings (for example an electrical room or telephone room). Landlord and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is Tenant hereby agreed acknowledge and agree that as of the Lease Commencement Date the Buildings have not been constructed on the Lot. After Landlord has Substantially Completed (as hereinafter defined)such term is defined in Exhibit B hereto) the Shell Improvements, Landlord and Tenant shall execute a written amendment to this Lease, substantially in the form of Exhibit F hereto, wherein the parties shall specify the (i) actual approximate rentable square footage of each of the Premises, the Buildings and the Park, (ii) actual amount of Base Rent to be paid by Tenant’s Proportionate , which shall be based upon the amount of base rent per rentable square foot as set forth in the Basic Lease Information, (iii) actual amount of Tenant's Share of the expenses set forth in the Basic Lease Information, which share shall be based upon such approximate rentable square footages, and (iv) the Premises Addresses. Tenant further agrees that the number of rentable square feet of the Buildings, the Lot and the Park may subsequently change after the Lease Date commensurate with any modifications to any of the foregoing by Landlord due to any casualty to, or condemnation of, any portion of the Premises, and Tenant's Share shall be equal to 13.99%accordingly change.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Premises. Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term Term, the Premises. The Premises shall exclude the entry and subject to and with the benefit main lobby of the termsBuilding, covenantsfirst floor elevator lobby, conditions first floor mail room, the common stairways and provisions hereofstairwells, part of the Third Floor elevators and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇elevator ▇▇▇▇▇, ▇▇▇▇▇▇▇boiler room, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, loading docks and bays, disposal areas and dumpsters, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby and toilets located on such floor. The Tenant acknowledges that, except as more particularly described expressly set forth in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all there have been no representations or warranties made by or on behalf of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant Landlord with respect to the Premises, the non-exclusive right to use, and permit its invitees to use in common Building or the Property or with Landlord and others, the elevators, walkways, driveways and access roads necessary for access respect to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time suitability of any of them for the non-exclusive use of tenants and other occupants conduct of the Building or improvements on the Land (the “Common Areas”)Tenant’s business. In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedTenant acknowledges that, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor except as expressly set forth in order to provide access to such areas for existing or future tenants. For purposes of this Lease, it is accepting the Premises in its present “as-is” condition with no expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements required to prepare the Premises for Tenant’s proportionate share (“Tenant’s Proportionate Share”) occupancy. Landlord shall be calculated by dividing responsible, at its sole cost and expense, to (i) deliver the total rentable area of base building mechanical (HVAC), electrical, life safety and plumbing systems serving the Premises in good operating condition and repair (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor without limiting Landlord’s foregoing obligations, Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant perform an independent due diligence of the Building’s base building infrastructure); (ii) deliver the Premises with those items identified as a Landlord Responsibility in the Allocation of Responsibilities attached hereto as Exhibit H Substantially Complete; (iii) Landlord shall provide Tenant with evidence of decontamination issued by a qualified industrial hygienist, then Tenantand (iv) deliver the Building including the Common Building Areas ADA compliant (collectively, “Landlord’s Proportionate Share Work”). All of Landlord’s Work will be conducted by Landlord and its agents using building standard materials, shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%conducted in a good and workmanlike manner and in compliance with all applicable laws.
Appears in 1 contract
Sources: Lease (Voyager Therapeutics, Inc.)
Premises. (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, Landlord for the term of this Lease and subject at the rental and upon the conditions set forth below, the premises described in the Basic Lease Information and identified on the space plan attached hereto as Exhibit A. Subject to and with the benefit any obligations of Landlord as set forth in an exhibit to this Lease covering initial improvement of the termspremises, covenants, conditions and provisions hereof, part Tenant shall accept the premises in its "as-is" condition at the commencement of the Third Floor and part term. Other than as expressly set forth in this Lease, there are no implied warranties of merchantability, habitability, fitness for a particular purpose or otherwise with respect to the premises. Tenant acknowledges that neither Landlord nor its authorized representatives have made any warranties and/or representations, whether express or implied, written or verbal, as to the permitted use that can be made of the Basement premises or the building under existing laws, including without limitation, the present general plan of the City and/or County in which the premises are located, zoning ordinances, and any other existing future restrictions that currently pertain or may in the future pertain to the premises. The premises are located within the building commonly known as described in the Basic Lease Information (the “Premises”"Building"), . Landlord further reserves the exclusive right to the roof and exterior surface of sidewalls and appurtenances except as shown on Exhibit “B” attached hereto and made part of hereof, provided in the building Lease. Landlord reserves the right from time to time to relocate and alter the configuration of parking and Common Area within and adjacent to the Building. The premises, the Building and the legal parcel(s) on which the Building and related parking areas and structures and other appurtenances are located, are collectively, the "Property".
(b) At the “Building”) erected on certain land (expiration of the “Land”) located at ▇▇▇ tenancy hereby created, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and shall surrender the premises in the same condition as more particularly described the premises were in Exhibit “A” attached hereto and made a part hereof. For purposes upon delivery of possession thereto under this Lease, the property (the “Property”) shall mean the Land reasonable wear and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to usetear excepted, and permit its invitees shall surrender all keys for the premises to use in common with Landlord at the place then fixed for the payment of rent and othersshall inform Landlord of all combinations on locks, the elevators, walkways, driveways safes and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilitiesvaults, if any, which are located on in the Land premises. Tenant shall remove all its trade fixture, and designated at Landlord's sole option, any alterations or improvements made by Landlord from time Tenant before surrendering the premises as aforesaid and shall repair any damage to time for the non-exclusive use of tenants and premises caused thereby. Tenant's obligations to observe or perform this covenant shall survive the expiration or other occupants termination of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes term of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Premises. Subject to the provisions of this Lease, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with Suite Spaces as described in the benefit Summary of Basic Lease Information, Section “A”, as outlined on the termsapplicable floor plans therefor attached hereto as Exhibits B-1 through B-5 (collectively, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”). In connection with such demise and subject to Article 21 herein, as shown on Exhibit “B” attached hereto and made part of hereof, in Landlord hereby grants to Tenant the building (nonexclusive right to use during the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes Term of this Lease, all Common Areas designed for the property (use of all tenants in the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall haveBuilding, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with all tenants in the Building and their invitees, for the purposes for which the Common Areas are designed and in accordance with all Legal Requirements. Landlord and others, reserves the elevators, walkways, driveways and access roads necessary for access right to make alterations or additions to or to change the Premises location of elements of the Complex and the parking areasCommon Areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on so long as the Land and designated by Landlord from time to time for changes do not change the non-exclusive use of tenants and other occupants nature of the Building Complex to something other than a first class office building project or improvements on the Land (the “Common Areas”)result in an Adverse Condition. In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedLandlord, however, Landlord may create entrances from has the First Floor Atrium sole discretion to determine the South manner in which the Common Areas are maintained and East Wings of operated, and the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion use of the Common Areas shall be subject to the Building Rules and Regulations. Tenant acknowledges that Landlord has made no representation or warranty regarding the Complex, Building or Premises or the suitability of the Complex, Building are converted into a separately demised area and leased to a specific tenant or Premises for Tenant’s intended use of the BuildingPremises. By occupying the Premises, then Tenant accepts the Premises as being suitable for Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as intended use of the Lease Commencement Date Premises. As used herein, an “Adverse Condition” shall mean: (as hereinafter defined), a) a material adverse interference with Tenant’s Proportionate Share shall be equal use of the Premises for the use permitted under this Lease; (b) an unreasonable interference with Tenant’s access to 13.99%the Premises; (c) other than on a reasonably temporary basis, a reduction of, or material adverse interference with Tenant’s access to, the number of Unreserved Passes and/or Reserved Passes set forth in Section “E” of the Summary of Basic Lease Information; or (d) an event which materially increases Tenant’s monetary obligations under this Lease, except for increases in Operating Expenses to the extent such increases are otherwise permitted in Section 5.4 below.
Appears in 1 contract
Sources: Lease Agreement (Fusion-Io, Inc.)
Premises. Landlord Sublessor hereby leases subleases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit Sublessee a portion of the terms, covenants, conditions premises leased to Sublessor under the Master Lease containing approximately 65,800 square feet of rentable space and provisions hereof, part consisting of the Third Floor and part entirety of the Basement (the “Premises”)3rd, 4th and 5th floors of Building 14, known as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇, and as more particularly described shown in Exhibit “A” attached Attachment A hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) "Premises"). The building in which the Premises is contained shall mean be referred to as the Land and all of "Building." Sublessee is also hereby granted the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and othersothers entitled thereto, the elevatorshallways, walkwaysstairways, driveways elevators and access roads other common areas of the Building, including, without limitation, both passenger elevators and the handicapped elevator, necessary for access to the Premises, and lavatories nearest thereto. Prior to the commencement of the Term, Sublessor shall allow Sublessee to prepare the Premises for its occupancy. This preparation shall include the removal of the existing carpeting and demolition of certain interior walls of the Premises, except for the area known as the "Computer Room" which shall remain "as is," as per Attachment B, and the parking areasconstruction of certain other interior walls and related construction, loading areasas per Attachment D. Sublessee shall be responsible for all expenses related to this preparation except that Sublessor shall reimburse Sublessee for documented out of pocket costs related to demolition of interior walls and removal of existing carpet up to a maximum reimbursable amount of $60,000.00. Payment terms for reimbursement will be net ten (10) days from receipt of invoice. Sublessor shall be responsible for removal of all moveable office partitions and furniture from the Premises, trash enclosureswithin one week of execution of Sublease. In addition, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on Sublessor shall complete renovation of the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants lobby of the Building or improvements on the Land (the “Common Areas”)pursuant to certain specifications more particularly set forth as Attachment B hereto. In no event shall Landlord convert any portion Upon completion of the First Floor Atrium lobby renovations, Sublessee shall reimburse Sublessor for an amount equal to 50% of the Building into a separately demised area for the purpose documented out-of-pocket third party costs of leasing the same Sublessor with respect to such lobby renovation, up to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium maximum reimbursable amount equal to the South $25,000. The Premises together with all bathroom facilities located thereon shall be delivered to Sublessee in compliance with all building codes and East Wings of the First Floor in order to other applicable laws. Sublessor shall provide access to such areas for existing the Premises to Sublessee and its employees 7 days a week, 24 hours per day pursuant to a card system which Sublessor shall maintain throughout the Term, said maintenance shall include the issuance and inventory of the access. cards to employees of Sublessee. Access cards shall remain the property of Sublessor, and shall be surrendered to Sublessor immediately upon termination of an employee, or future tenants. For purposes the expiration or termination of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Sublease.
Appears in 1 contract
Sources: Sublease (Converse Inc)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises. Tenant accepts the Premises “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement.
(b) Landlord shall cause to be constructed, in a good and workmanlike manner and in compliance with applicable Laws, the improvements, alterations and modifications to the Premises set forth on Exhibit “C” (the “Landlord, for the term and subject to and with the benefit ’s Work”). The Landlord’s Work shall be comprised of the termsLandlord’s Work/Roof, covenantsUtility Yard and Elevator (as hereinafter defined) and the Landlord’s Work/Landscaping & Parking (as hereinafter defined). In constructing the Landlord’s Work, conditions Landlord shall use new materials and provisions hereofequipment of good quality, as applicable, and all materials related to the Landlord’s Work/Landscaping & Parking shall be consistent with those of a Class A research and development project (unless, with respect to the foregoing, otherwise expressly provided on Exhibit “C”). Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon the Landlord’s Work/Roof, Utility Yard and Elevator being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Landlord’s Work/Roof, Utility Yard and Elevator with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Landlord’s Work/Roof, Utility Yard and Elevator. Landlord shall cause such punchlist items to be repaired or completed as soon as reasonably practicable, but in any event within thirty (30) days of Landlord’s receipt of the punchlist. Landlord shall obtain (i) from Landlord’s roofing contractor, Firestone Building Products Company, LLC, a fifteen (15)-year roof warranty substantially in the example form attached hereto as Exhibit “I” (the “Firestone Warranty”) and (ii) from Landlord’s general contractor, ARCO, a one (1)-year warranty pertaining to the installation of the Building roof as part of the Third Floor Landlord’s Work/Roof, Utility Yard and part of the Basement Elevator (the “PremisesArco Warranty”). Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Landlord’s Work/Roof, Utility Yard and Elevator shall be free from defects in materials and workmanship (other than latent defects), excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Upon the Landlord’s Work/Landscaping & Parking being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Landlord’s Work/Landscaping & Parking with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Landlord’s Work/Landscaping & Parking. Landlord shall cause such punchlist items to be repaired or completed as soon as reasonably practicable, but in any event within thirty (30) days of Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Landlord’s Work/Landscaping & Parking shall be free from defects in materials and workmanship (other than latent defects), excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding anything to the contrary in this Lease, the Chiller Removal Work (as hereinafter defined) and the Roof Insulation Work (as hereinafter defined) shall be constructed or otherwise performed by Landlord at Tenant’s sole cost and expense, and the applicable portion of the Tenant Improvement Allowance (as defined below) shall be reallocated and applied toward the Total Costs (as hereinafter defined) and the outstanding amount of the Tenant Improvement Allowance shall be reduced on a dollar-for-dollar basis by the amount so reallocated.
(c) Landlord and Tenant acknowledge that the Landlord’s Work and the Tenant Improvements shall be performed concurrently. During the performance and completion of the Landlord’s Work and the Tenant Improvements (as hereinafter defined), Landlord and Tenant shall reasonably cooperate and coordinate with, and shall use commercially reasonable efforts not to interfere with, the other party and the other party’s Agents and shall follow the reasonable policies and safety directives of the other party’s contractors. Notwithstanding anything to the contrary set forth in this Section 2, in the event that the Delivery Condition Work (as hereinafter defined) is not completed on or prior to July 1, 2021 (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure), then, for each day following July 1, 2021 that passes without Landlord completing the Delivery Condition Work (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure), Tenant shall receive a one (1) day credit of Minimum Annual Rent (the “Delay Credits”), which Delay Credits shall be applied against the next payment(s) of Minimum Annual Rent due and owing by Tenant until reimbursed in full. In addition, if the Delivery Condition Work is not completed on or prior to the Commencement Date (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure) (the “Outside Delivery Date”), then Tenant shall have the right, as shown its sole remedy, to cancel this Lease by written notice to Landlord delivered not later than the earlier of (1) the date that the Delivery Condition Work is completed and (2) the date that is (30) days following the Outside Delivery Date, and, thereafter, Landlord shall return the Letter of Credit to Tenant and refund any amounts paid by Tenant to Landlord in connection with this Lease and neither party shall have any further liability under this Lease, except for any liability which expressly survives the termination hereof. In addition, if the Landlord’s Work/Landscaping & Parking is not Substantially Completed on or prior to August 15, 2021 (subject to extension on a day-for-day basis for any delay caused by Tenant Delay), then Tenant shall have the right, as its sole remedy, by written notice to Landlord at any time prior to the date that the Landlord’s Work/Landscaping & Parking is Substantially Completed, to assume completion of the Landlord’s Work/Landscaping & Parking. Upon receipt of written notice of Tenant’s election to assume completion of the Landlord’s Work/Landscaping & Parking, Landlord shall, if requested by Tenant, assign its rights under all contracts, documents and agreements relating to the Landlord’s Work/Landscaping & Parking to Tenant to allow Tenant to complete the Landlord’s Work/Landscaping & Parking in accordance with Exhibit “C” as soon as possible with the exercise of diligence and commercially reasonable efforts. If Tenant elects to assume completion of the Landlord’s Work/Landscaping & Parking in accordance with this Section 2(c), then (A) Tenant will use commercially reasonable efforts to complete the Landlord’s Work/Landscaping & Parking as expeditiously as possible and (B) Landlord shall reimburse Tenant for Tenant’s reasonable, third-party, out-of-pocket costs and expenses incurred in completing Landlord’s Work/Landscaping & Parking within thirty (30) days after receiving an invoice from Tenant setting forth a reasonably particularized breakdown of such costs and expenses.
(d) In addition, Landlord shall provide Tenant with an allowance in an amount up to $5,899,410.00 (as such amount may be reduced on a dollar-for-dollar basis by an amount equal to the Total Costs, as expressly set forth in Section 2(b) above, the “Tenant Improvement Allowance”) towards the hard and soft costs of improvements to be constructed in the Premises by Tenant including, without limitation, those improvements set forth on Exhibit “BG” attached hereto (collectively, the “Tenant Improvements”). Tenant acknowledges and made part agrees that, except for the Landlord’s Work and as otherwise expressly set forth herein, Landlord has no obligation whatsoever to make any improvements to the Premises, it being the understanding of hereofthe parties that Tenant accepts the Premises in their current “AS IS” condition and that Tenant shall be solely obligated, at Tenant’s sole cost and expense (subject to the application of the Tenant Improvement Allowance) and in Tenant’s sole discretion (subject, however, to the terms and conditions of this Lease), to make any improvements necessary for Tenant’s business operations in the building (Premises and to obtain any and all Permits required for Tenant’s construction of the “Building”) erected on certain land (Tenant Improvements and Tenant’s occupancy of the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇Premises. Any Tenant Improvements shall be constructed by Tenant and Tenant’s Agents in a good and workmanlike manner, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇using new or like-new materials, and as more particularly described in Exhibit “A” attached hereto accordance with all applicable Laws and made a part hereof. For purposes in accordance with the terms and conditions of this Lease, the property including but not limited to Section 12 and Section 13 (the “PropertyLease Requirements”); provided, that, in the event of any conflict between the provisions of Section 12 or Section 13 and the terms of this Section 2(d) with respect to the construction of the Tenant Improvements, the terms of this Section 2(d) shall mean control with respect to the Land and all construction of the buildings now or hereafter located thereonTenant Improvements. Without limiting any of the Lease Requirements, the Tenant Improvements shall conform with a space plan, specifications and construction drawings reasonably approved in writing in advance by Landlord. Upon Tenant’s request (which request shall make specific reference to this Section 2(d)), at the time Landlord provides its advanced written approval of the initial plans and specifications for such Tenant Improvement (to the extent so approved by Landlord), Landlord shall notify Tenant whether Tenant shall havebe required to remove such components of the Tenant Improvements that constitute Specialty Improvements at the expiration or termination of this Lease, as appurtenant and to restore the affected portions of the Premises to the Premisescondition required under Section 21. Failure of Landlord to notify Tenant that a Tenant Improvement must be removed shall mean that Tenant may leave or remove such Tenant Improvement, the non-exclusive right to useat its election, and permit its invitees to use in common with Landlord and othersprovided that if Tenant removes such Tenant Improvement, the elevators, walkways, driveways and access roads necessary for access then Tenant shall repair any damage caused by such removal. Notwithstanding anything to the Premises and the parking areascontrary herein, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In in no event shall Tenant be required to remove any Tenant Improvement unless the same constitutes a Specialty Improvement. All of Tenant’s contractors and subcontractors working in connection with the Tenant Improvements shall carry insurance reasonably required by Landlord, naming Landlord convert as an additional insured. Subject to the foregoing, Landlord shall disburse the Tenant Improvement Allowance to Tenant in installments (no more frequently than once per month) of at least $75,000 within thirty (30) days after Landlord’s receipt of written request therefor after the portion of the Tenant Improvements for which Tenant is seeking reimbursement has been completed, together with the following: (1) the appropriate AIA application for payment signed by Tenant’s general contractor and architect, (2) copies of all required current Permits for the Tenant Improvements not previously provided to Landlord, (3) paid invoices, and (4) lien waivers from contractors, subcontractors and vendors for completed work provided on a thirty (30) day trailing basis, with waivers for any portion of the First Floor Atrium Tenant Improvement Allowance previously funded by Landlord and any portion of the Building into a separately demised area for Tenant Improvement costs previously required to be paid by Tenant being submitted with the purpose of leasing the same to a specific tenant current request. Tenant shall pay all costs of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings Tenant Improvements in excess of the First Floor Tenant Improvement Allowance. Any portion of the Tenant Improvement Allowance not used within eighteen (18) months after the Effective Date shall be deemed forfeited. If Landlord fails to disburse any portion of the Tenant Improvement Allowance after Tenant has properly requested disbursement of such portion and otherwise satisfied the terms and conditions set forth above in order this Section 2(d) in connection with such requested disbursement, Tenant shall deliver written notice of such failure to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share Landlord (“Tenant’s Proportionate ShareAllowance Disbursement Reminder Notice”), which such Tenant’s Allowance Disbursement Reminder Notice shall have been marked in bold lettering with the following language: “THIS IS A NOTICE PURSUANT TO THE TERMS OF A LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD. LANDLORD’S FAILURE TO TAKE ACTION WITHIN THIRTY (30) DAYS WILL RESULT IN OFFSET RIGHTS AGAINST CERTAIN AMOUNTS OWING UNDER THE LEASE” and the envelope containing the Tenant’s Allowance Disbursement Reminder Notice shall have been marked in bold lettering with the following language: “PRIORITY-OFFSET RIGHTS UNDER LEASE AGREEMENT MAY APPLY”. If Landlord fails to disburse the applicable portion of the Tenant Improvement Allowance within thirty (30) days after receipt of Tenant’s Allowance Disbursement Reminder Notice, Tenant shall be calculated by dividing the total rentable area permitted to fund such portion of the Premises Tenant Improvement Allowance and offset (25,472 rentable square feeton a dollar-for-dollar basis) such amount against the next payment(s) of Minimum Annual Rent due and owing by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Buildinguntil reimbursed in full; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion maximum monthly offset shall not exceed fifty percent (50%) of the Common Areas monthly installment of Minimum Annual Rent then payable under this Lease. Landlord hereby approves Technical Builders Inc. as a contractor in connection with the construction of the Building are converted into a separately demised area and leased Tenant Improvements. Tenant shall not be required to a specific tenant use union labor. Notwithstanding any of the Buildingforegoing, Tenant shall not be required to design or construct any Tenant Improvements in the Premises. Subject to Landlord’s right to approve any space plan, specifications and construction drawings in connection therewith, Landlord hereby approves the Tenant Improvements described in Exhibit “G” hereto and approves any Tenant Improvements that represent a logical evolution of the work described in Exhibit “G”. Landlord shall respond to any consent or approval request with respect to the Tenant Improvements within ten (10) days. If Landlord fails to respond within such ten (10) day period, then Tenant may send written notice to Landlord containing the following language: “LANDLORD’S RESPONSE IS REQUIRED WITHIN THREE (3) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD” and the envelope containing such notice shall have been marked in bold lettering with the following language: “PRIORITY-DEEMED APPROVAL MAY APPLY”. If Landlord fails to respond within three (3) business days following receipt of such written notice, then Landlord shall be deemed to have granted its consent or approval to the request. For purposes of clarification, Landlord requesting additional and/or clarified information with respect to any consent or approval request with respect to the Tenant Improvements, in addition to approving or denying any request (in whole or in part), shall be deemed a response by Landlord for purposes of the foregoing.
(e) Commencing on the Effective Date, Landlord shall permit Tenant to enter the Premises in order to (i) inspect the Premises, (ii) commence installing its equipment, racking system, cabling, wiring, fixtures, and furniture, subject to Tenant obtaining, at Tenant’s Proportionate Share sole cost and expense, all Permits in connection with the installation thereof, and (iii) construct the Tenant Improvements (subject to this Section 2) and, commencing on October 1, 2021, Tenant shall also be recalculated accordinglyentitled to use and occupy the Premises for the conduct of its business. It is hereby agreed that as With respect to such early access, all provisions of the this Lease Commencement Date (as hereinafter defined)shall then be in full force and effect, Tenant’s Proportionate Share shall be equal to 13.99%.specifically including, but not limited to, Sections 7, 8 an
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject Subject to and with the benefit of the termsprovisions of this Lease, covenantsLandlord hereby leases to Tenant, conditions and provisions hereofTenant leases from Landlord, part of Tenant’s space in the Third Floor and part of the Basement Building (the “Premises”), as shown on Exhibit “B” A-1), excluding exterior faces of exterior walls, all common facilities of the Building and all building service fixtures and equipment serving (exclusively or in common) other parts of the Building. Tenant’s space includes approximately 21,401 rentable square feet of space located on the first (1st) floor of the Building. The Building is outlined in red upon the plan attached hereto and made part of hereofas Exhibit A. Tenant’s space, in the building (with such exclusions, is hereinafter referred to collectively as the “BuildingDemised Premises”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Demised Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and othersothers entitled thereto, the elevators, walkways, driveways and access roads necessary for access subject to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord reasonable rules from time to time made by Landlord of which Tenant is given notice: (i) the common facilities from time to time included in the Building or on the parcel of land on which the Building is located (said parcel being more particularly described in Exhibit E and being hereafter referred to as the “Lot”), to the extent from time to time designated by Landlord, including without limitation the loading dock located adjacent to the Demised Premises; and (ii) the building service fixtures and equipment serving the Demised Premises. The Lot is represented by the area outlined by a bold line upon said Exhibit A. It is understood and agreed that said plan is intended only to show the approximate size of the Lot as presently constituted and the approximate size and location of the Building and for no other purpose. Landlord reserves the non-exclusive use of tenants right from time to time (a) to install, repair, replace, use, maintain and relocate for service to the Demised Premises and to other occupants parts of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of either, building service fixtures and equipment wherever located in the Building; provided(b) to alter, however, Landlord may create entrances from relocate or eliminate any other common facility; (c) to designate specific parking areas upon the First Floor Atrium Lot to be for the South exclusive use of one or more users thereof; (d) to designate specific traffic routes for trucks and East Wings of other delivery vehicles; (e) to alter the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant size of the Building, then Tenant’s Proportionate Share including, without limitation, converting warehouse space to office or laboratory space, office space to warehouse or laboratory space, or laboratory to office or warehouse space; and (f) to increase and/or decrease the size of the Lot by the acquisition of adjacent land and/or the disposition of any portions thereof. No such increase or decrease shall be recalculated accordinglydeemed to have occurred until Landlord shall give Tenant notice thereof. It is hereby agreed that as Landlord shall make available to Tenant on a non-reserved, first come-first serve basis, at no additional cost to Tenant, one (1) parking space per one thousand (1,000) rentable square foot of floor area of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Demised Premises in the parking areas/garage serving the Building.
Appears in 1 contract
Premises. A. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord approximately 7,433 square feet of "Rentable Area" (as hereinafter defined) on the term and subject to and with the benefit sixth (6th) floor of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement Two Greenway Plaza (the “Premises”"Building"), as shown located on the land described in Exhibit “B” attached hereto and made part of hereof, in the building "A" (the “Building”"Land") erected on certain land (the “Land”) located at ▇▇▇ in Houston, ▇▇▇▇▇▇ ▇▇▇▇▇▇County, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Texas. The area leased in the Building is hereinafter called "Leased Premises" and as more particularly described in is shown outlined and hatched on Exhibit “A” attached hereto "B". Landlord shall have the right at any time and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for to change the non-exclusive use of tenants Building name. The Land, the Building, together with landscaping, driveways, sidewalks, service areas, all other improvements located on the Land, and other occupants the Building garage ("Parking Garage") are hereafter collectively called the "Project".
B. On each floor of the Building on which space rentable to tenants is or improvements will be leased to one tenant, the Rentable Area for such floor ("Single Tenant Floor") shall be the entire area bounded by the interior of the exterior walls of the Building on such floor less the Land (area contained within the “Common Areas”)Building stairs, vertical ducts, elevator shafts, flues, vents, stacks, and pipe shafts. In no event shall Landlord convert All the area on any Single Tenant Floor that is used for elevator lobbies, corridors, special stairways, restrooms, mechanical rooms, electrical rooms, and telephone closets, all vertical penetrations that are included for the special use by Tenant, columns and other structural portions of the Building, plus a pro rata portion of the First Floor Atrium Building's ground floor lobbies, mechanical rooms and other similar facilities utilized by all Building tenants, shall be included within the Rentable Area of the Single Tenant Floor.
C. On each floor of the Building into on which space rentable to tenants ir or will be leased to more than one tenant ("Multi-tenant Floor"), the Rentable Area attributable to each such lease shall be the total of (1) the area bounded by the interior of the exterior wall or walls of the Building bounding such leased premises, the exterior of all walls separating such leased premises from any public corridors or other public areas on such floor and the center line of all walls separating such leased premises from other areas leased or to be leased to other tenants on the Multi-tenant Floor, and (2) a separately demised pro rata portion of the area covered by the elevator lobbies, corridors, restrooms, mechanical rooms, electrical rooms, telephone closets, columns and other structural portions of the Building situated on the Multi-tenant Floor, plus a pro rata portion of the Building's ground floor lobbies, mechanical rooms and other similar facilities utilized by all Building tenants. The Rentable Area for the entire Building shall be deemed to be 212,232 square feet for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease Contract (Data Critical Corp)
Premises. (A) In consideration of the rents, agreements and conditions herein reserved and contained on the part of Tenant to be paid, performed and observed, Landlord hereby leases Leases to Tenant Tenant, and Tenant hereby leases Leases from Landlord, for the term and subject to and with the benefit of the termsherein set forth, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located premises at ▇▇▇ ▇▇▇▇▇▇ ▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇consisting of Ten Thousand (10,000) square feet of floor area and having dimensions approximately as shown upon Exhibit B (hereinafter referred to as "the Demised Premises"), and situated in the Hopkinton Technology Park (hereinafter referred to as "the Industrial Park"). The Demised Premises are situated upon a certain parcel of land known as Lot 9. Said parcel of land is more particularly described in upon Exhibit “A” A attached hereto and made a part hereof. hereof and is herein referred to as "the Entire Parcel." The Demised Premises are situated within, and are a part of, a certain building shown upon Exhibit B (hereinafter referred to as "the Building") and said Demised Premises are shown outlined by a bold line upon said Exhibit B. For purposes of this Lease, dimensions are measured from the property (outside of exterior walls and the “Property”) shall mean center of interior walls. It is understood and agreed that Exhibit B is intended only to show the Land approximate size and all location of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Demised Premises, the non-exclusive right Building and the Entire Parcel and for no other purpose.
(B) The Demised Premises are demised with the benefit of and subject to, the nonexclusive rights of Landlord, Tenant and other Tenants of the Building and the Industrial Park, and all persons having business with any of them, to use, and permit its invitees to use in common with Landlord and otherscommon, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areaselectrical rooms, trash enclosuresentrances, pedestrian sidewalksvestibules, landscaped areastraffic lanes and walkways upon the Entire Parcel for the purposes of parking and access, recreation on foot and by vehicles not exceeding the weight for which the same were constructed and for no other purpose, except for any exclusive areas and other areas and facilities, if any, which are located on Landlord shall reserve for the Land and parking of trucks specifically designated by Landlord. Landlord reserves the right, from time to time for time, to change the non-exclusive use size and configuration of tenants said parking areas, traffic lanes and other occupants walkways, and to temporarily close all or any part thereof, to do maintenance and to prevent a dedication thereof or to prevent the accrual of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion rights of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises any person or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%public therein.
Appears in 1 contract
Sources: Lease Agreement (A123 Systems Inc)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term acknowledge and subject to and with the benefit agree that Tenant is currently in occupancy of the terms, covenants, conditions and provisions hereof, part Original Premises. Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Third Floor Original Premises, and part Tenant shall continue to accept the Original Premises in its presently existing, “as-is” condition. Effective as of the Basement (“Expansion Premises Commencement Date,” as that term is defined in Section 3.2, below, the “Premises”), ,” as shown on Exhibit “B” attached hereto and made part of hereof, that term is defined in the Lease, shall contain approximately 182.238 rentable square feet of space in the Project in the aggregate, and shall consist of (a) the Original Premises, and (b) approximately 27,120 rentable square feet of space located on the fifth (5th) floor of the office building (the “1230 Building”) erected on certain land (the “Land”) located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ (▇▇ ▇▇▇▇▇“Expansion Premises”). The Expansion Premises are further set forth on Exhibit A, and as more particularly described in Exhibit “A” attached hereto and made a part hereofhereto. For purposes of this Lease, It is specifically understood that the property (the “Property”) shall mean the Land and all rentable square feet of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Expansion Premises and the parking areas1230 Building have been determined by Landlord’s architect and that, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept any calculations which are based on the rentable square feet of the Expansion Premises and/or the 1230 Building, the number of rentable square feet slated in this Section 2 for the Expansion Premises and in Section 5 below for the 1230 Building shall control. Except as specifically set forth herein in Section 6 of this Amendment, Tenant shall accept the Expansion Premises in its presently existing, “as is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises. Tenant acknowledges that neither Landlord nor Tenant shall have any agent of Landlord has made any representation or warranty regarding the right to demand remeasurement or recalculation condition of the rentable square feet Expansion Premises or with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion suitability of the Common Areas Expansion Premises for the conduct of Tenant’s business. The last two (2) sentences of Section 12.1 of the Building are converted into a separately demised area and leased Office Lease shall not apply to a specific tenant the Expansion Premises. Notwithstanding any contrary provision of the Lease, the term “Building” used in the Office Lease and the First Amendment shall be deemed to refer to the 1240 Building with respect to the Original Premises and to the 1230 Building with respect to the Expansion Premises. In addition, with respect to the Original Premises, any reference in the Office Lease to the 1230 Building shall continue to mean the 1230 Building, then Tenant’s Proportionate Share but with respect to the Expansion Premises, any reference in the Office Lease to the 1230 Building shall be recalculated accordinglyinstead mean the 1240 Building. It is hereby agreed that as The definition of Building set forth in Section 1.1 of the Office Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal only apply to 13.99%the 1240 Building.
Appears in 1 contract
Sources: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)
Premises. Tenant shall not utilize any electric equipment within the Premises with a rated capacity in excess of 0.5 kilowatts. Lighting in the Premises shall not exceed 2 watt▇ ▇▇▇ square foot and overall utilization of electricity in the Premises shall not exceed 3 watt▇ ▇▇▇ square foot. To insure that such capacity is not exceeded and to avert possible adverse effects upon the Building electric service, Tenant shall not connect additional reproducing equipment, electronic data processing equipment, heating equipment, or special lighting in excess of Building Standard.
8.2 Except as hereinafter provided, Landlord hereby leases shall not be obligated to furnish any services or utilities, other than those stated in Section 8.1 above. If Landlord elects to furnish services requested by Tenant in addition to those listed in Section 8.1, or at times other than those stated in Section 8.1, Tenant shall pay to Landlord the prevailing charges in the Building for such services on the due date of the next monthly installment of Base Rental. Notwithstanding anything contained herein to the contrary and notwithstanding any approval thereof by Landlord, all costs for extraordinary, unusual or excessive demand for electrical or other utility service and all costs of submetering or monitoring of such use shall be borne by Tenant and Landlord reserves the right to impose an additional charge on tenant for extraordinary, unusual or excessive demand for electrical or other utility service in an amount reasonably determined by landlord to be due for such extraordinary, unusual or excessive demand. These unusual costs include, but are not limited to, 24-hour service, high consumption equipment, high concentration lighting, additional HVAC supplement for equipment or lighting-induced heat build-up and installation of metering equipment. Landlord reserves the right to install, at Tenant's sole cost and expense, submeters and related equipment, relating to Tenant's use of electrical or other utilities services. If Landlord consents thereto (which consent may be withheld by Landlord for any reason whatsoever), additional Building riser capacity for electricity or other utility services may be provided, and the cost thereof, including twenty percent (20%) thereof for overhead, shall be paid by Tenant upon Landlord's demand. If Tenant fails to make any payment hereunder, Landlord may, without notice to Tenant and Tenant hereby leases from in addition to Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of 's other remedies under this Lease, the property (the “Property”) shall mean the Land and discontinue any or all of such additional or after-hour services.
8.3 Failure to any extent to furnish or any stoppage or interruption of these defined services resulting from any cause beyond the buildings now reasonable control of Landlord shall not render Landlord liable in any respect for damages to property or hereafter located thereon. business, nor be construed as an actual or constructive eviction, in whole or in part, nor relieve Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit from any of its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of obligations under this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area nor entitle Tenant to any abatement or diminution of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Rent.
Appears in 1 contract
Premises. Landlord hereby leases The "Premises" demised by this Lease are to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit consist initially of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the that certain building (the “"Building”") erected on specified in the Basic Lease Information, which Building is to be located in that certain land real estate development (the “Land”"Project") located specified in the Basic Lease Information. If at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇any time during the Term, ▇▇▇▇▇▇▇Tenant is leasing, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇in accordance with the terms and conditions of this Lease, less than all of the Building, the "Premises" shall be deemed to include only that portion of the Building then leased by Tenant pursuant to this Lease. Tenant shall have the non-exclusive right (in common with the other tenants, Landlord and any other person granted use by Landlord) to use the Common Areas (as more particularly described hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use the number of non-exclusive and undesignated parking spaces set forth in Exhibit “A” attached hereto and made a part hereofthe Basic Lease Information in the Project's parking areas (the "Parking Areas"); provided, however, Landlord shall use commercially reasonable efforts to enforce Tenant's right to use such parking spaces. No easement for light or air is incorporated in the Premises. For purposes of this Lease, the property (the “Property”) term "Common Areas" shall mean the Land all areas and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to facilities outside the Premises and within the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which exterior boundary line of the Project that are located on the Land from time to time provided and designated by Landlord from time to time for the non-exclusive use of tenants Landlord, Tenant and other occupants tenants of the Project and their respective employees, guests and invitees. Landlord shall cause the construction of the Base Building Improvements in accordance with the terms and conditions of the Base Building Construction Agreement attached hereto as Exhibit A. Additionally, Tenant shall cause the construction of certain tenant improvements in the interior of the Premises in accordance with the terms and conditions of the Premises Construction Agreement attached hereto as Exhibit B. Except as otherwise provided in the last sentence of this Paragraph, Landlord has the right, in its sole discretion, from time to time, to: (a) make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces (provided, however, Landlord shall not have the right, except as otherwise provided herein, to reduce the total number of parking spaces below the number allocated to Tenant in the Basic Lease Information) parking areas, ingress, egress, direction of driveways, entrances, corridors and walkways; (b) close temporarily any of the Common Areas for maintenance or construction purposes so long as reasonable access to the Premises remains available; (c) add additional buildings and improvements to the Common Areas or remove existing buildings or improvements on therefrom; (d) use the Land Common Areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof so long as reasonable access to the Premises remains available; and (e) do and perform any other acts or make any other changes in, to or with respect to the “Common Areas”Areas and the Project as Landlord may, in its sole discretion, deem to be appropriate. Notwithstanding (a). In , and (c) above, Landlord shall make no event shall Landlord convert material changes or add additional buildings or material improvements to any portion of the First Floor Atrium of Common Areas described on the Site Plan, as defined in the Base Building into a separately demised area for the purpose of leasing the same to a specific tenant of the BuildingConstruction Agreement, without obtaining Tenant's consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may create entrances from such consent shall not be required if any change or addition is required or requested by a governmental agency having jurisdiction over the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing Project or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated as required by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%law.
Appears in 1 contract
Sources: Lease Agreement (Corgentech Inc)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases hires and takes from Landlord, for Landlord the term and following described premises subject to the mortgages as hereinafter provided, and with the benefit to all encumbrances of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the record. The “Premises”), as shown on Exhibit “B” attached hereto and made part are that portion of hereof, a building in the building (the “Building”) erected on certain land (the “Land”) located at ▇City of Gaithersburg, having a mailing address of 7▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (hereinafter called the “Building”) substantially as shown cross-hatched or outlined on the Lease Plan, and as more particularly described in Exhibit “A” , hereto attached hereto and made a part hereof. For purposes , consisting of this Leaseapproximately 11,757 square feet of net rentable area on the First Floor of the Building and approximately 12,533 square feet of net rentable area on the Second Floor of the Building, for a total of approximately 24,289 square feet of net rentable area (the property (“Net Rentable Area”), all as shown on Exhibit A. The Building and the parcel of land on which it is located are hereinafter referred to as the “Property”) shall mean . Upon the Land and all completion of the buildings now or hereafter located thereondemising wall for the Premises on the second floor, the Premises shall be re-measured by Landlord and the new Net Rentable Area of the Premises as re-measured shall be the Net Rentable Area of the Premises for all purposes under this Lease and any calculations made under this Lease that are affected by the Net Rentable Area of the Premises including, without limitation, calculations of Tenant’s Proportionate Share for Taxes, Tenant’s Proportionate Share for Operating Costs, and Rent, shall be re-calculated to reflect such re-measurement. Tenant shall have, as appurtenant to Landlord reserves and excepts all rights of ownership and use in all respects outside the Premises, the non-exclusive right to useincluding, and permit its invitees to use in common with Landlord and otherswithout limitation, the elevatorsBuilding and all other structures, walkwaysimprovements, driveways and access roads necessary for access to the Premises and the plazas, parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilitiesarea(s), if any, which are located and common areas on the Land and designated Property, except that at all times during the term of this Lease Tenant shall have a reasonable means of access from the street to the Premises. Without limiting the foregoing reservation of rights by Landlord from time Landlord, it is understood that with regard to time for the non-exclusive use of tenants and other occupants of the Building or improvements on and the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, howeverProperty, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant its sole discretion shall have the right to demand remeasurement change, relocate and eliminate facilities therein, to permit the use of or recalculation of lease all or part thereof for exhibition and displays, to sell, lease or dedicate all or part thereof to public use; and further that Landlord shall have the rentable square feet with respect right to the Premises or the Building; providedmake changes in, however, that if the Building is expanded or reconfigured additions to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of eliminations from the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of and other structures and improvements on the Lease Commencement Date (as hereinafter defined)Property, Tenant’s Proportionate Share shall be equal to 13.99%the Premises excepted.
Appears in 1 contract
Sources: Lease Agreement (Ace Comm Corp)
Premises. Landlord Sublessor hereby leases subleases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇Sublessee, and as more particularly described in Exhibit “A” attached hereto and made Sublessee hereby -------- subleases from Sublessor, a part hereof. For purposes portion of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant second floor of the Building, then Tenant’s Proportionate Share consisting of approximately twelve thousand (12,000) rentable square feet ("Subleased Premises"). The parties acknowledge that the Subleased Premises does not include Sublessor's QA lab, which consists of approximately 720 rentable square feet and is located adjacent to the Subleased Premises. The Subleased Premises consists of that portion of the Premises that is being relinquished by Nextel pursuant to the First Amendment to Sublease. Because Nextel and Sublessee have not yet agreed with specificity as to the exact amount of rentable space to be relinquished by Nextel, and, in turn, taken by Sublessee, Sublessor and Sublessee agree that an Addendum to Sublease, in the form attached hereto, shall be recalculated accordinglyentered into when Nextel and Sublessee have so agreed. It Until the Addendum is hereby executed by Sublessor and Sublessee, Sublessee shall continue making all rental and other payments due hereunder on the basis of 12,000 square feet of rentable space. In the event that Subleased Premises are agreed that as to be less than 12,000 square feet of rentable space, Sublessee shall not be entitled to any refund or reimbursement from Sublessor for any sums paid or owing by Sublessee pursuant to this Sublease on the basis of the Lease Commencement Date square footage of the Subleased Premises, including Monthly Base Rent or Additional Rent, for any period prior to the effective date of the Addendum to Sublease. In all events, and irrespective of what Nextel and Sublessee agree, the total rentable square footage of the Subleased Premises and Nextel's premises under the Nextel Sublease (as hereinafter defined)amended) shall equal 23,472 rentable square feet, Tenant’s Proportionate Share and Sublessor shall not be equal bound by any agreement between Sublessee and Nextel to 13.99%the contrary.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, certain premises ("Premises") to be located within that certain building ("Building") commonly known as Building 5 of the Business Center, and located on the real property (the “"Property”") shall mean the Land legally described in Exhibit A attached hereto and all by this reference incorporated herein, which Property is a portion of the buildings now "Project" identified in Section 1.01. The location of the Property, the Building built on the Property and the location of the Premises are more particularly shown on the Property Site Plan and Floor Plan attached as Exhibit A and Exhibit B hereto, respectively. The term "Rentable Area of the Premises" as used in this Lease will be defined as the total floor area constituting the Premises as measured from the unfinished outside of the exterior Building walls to the unfinished outside of like exterior Building walls. "Rentable Area of the Premises" shall also include any mezzanine space as measured from the outside of the exterior Building walls to the like outside exterior Building walls and from the outside exterior Building walls to the termination of the mezzanine deck. The Property Site Plan for the Project attached hereto as Exhibit A is attached for location reference purposes only and shall not constitute a representation by Landlord to be the final plan of the Project or hereafter located thereonto require Landlord to build any improvements or to otherwise comply with the master plan. Tenant shall haveacknowledges that, except as appurtenant otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the non-exclusive right to useBuilding, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas or the Project or their suitability for the conduct of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%'s business.
Appears in 1 contract
Sources: Lease (Eden Bioscience Corp)
Premises. Subject to and with the benefit of the provisions of this Lease and any ground lease or land disposition agreement relating to the parcel on which the building (the"Building") is located ("the Lot"), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for approximately 15,592 Rentable Square Feet located on the term and subject to and with the benefit fourth floor of the termsBuilding known as Five Clock Tower Place, covenantsMaynard, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”)MA, as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes , excluding exterior faces of this Leaseexterior walls, the property (the “Property”) shall mean the Land common facilities area and all building service fixtures and equipment serving exclusively or in common other parts of the buildings now or hereafter located thereonBuilding. Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Tenant shall have use of the entire Premises, however will pay rent of 5,500 RSF for the first twelve months of the term, pay rent on 10,500 RSF for the second twelve months of the initial term and upon commencement of the twenty fifth month will pay rent on the entire Premises. Landlord will build out the space per a mutually agreeable time schedule once the final space plans and pricing are approved. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which it is given notice: (a) the common facilities included in the Building or on the Lot, including the parking facility, if any, to the extent from time to time designated by Landlord; and others(b) the building service fixtures and equipment serving the Premises; (c) parking spaces will be allocated per the three year occupancy schedule and employee occupancy for a total maximum of 75 spaces, unassigned. Landlord reserves the elevatorsright from time to time, walkwayswithout unreasonable interference with Tenant's use (a) to install, driveways and access roads necessary repair, replace, use, mainta▇▇ ▇▇▇ relocate for access service to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and to other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants parts of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedeither, however, Landlord may create entrances from the First Floor Atrium to the South building service fixtures and East Wings of the First Floor equipment wherever located in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then and (b) to alter or relocate any other common facility provided that substitutions are substantially equivalent or better.
2.1.1 TEMPORARY SPACE Upon Lease execution, Landlord will provide temporary office space to Tenant in building Two on the second floor known as Suite # 270. Provided that the Tenant’s Proportionate Share shall 's Design plan has been delivered to Landlord for the leased Premises in building Five, on or before April 1, 1999 there will be recalculated accordinglyno cost to Tenant for the Temporary space. It Tenant will pay $1,000 per week for each week that Tenant's Design plan is hereby agreed that as delayed beyond April 15▇▇. ▇▇wever, upon delivery of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%'s Design plan free rent for Temporary sp▇▇▇ ▇▇all again commence.
Appears in 1 contract
Sources: Lease (Softlock Com Inc)
Premises. Landlord hereby leases to Tenant and 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the term Lease Term and subject to and with upon the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, covenants set forth in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, will have the non-exclusive right to use, and permit its invitees at no additional charge to use Tenant except as set forth in common with Landlord and othersArticle V of the Lease, the elevators, walkways, driveways common and access roads necessary public areas of the Building for access ingress and egress to the Premises and to use the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if anyroof terrace, which are located on if constructed by Tenant at Tenant’s sole cost and expense pursuant the Land requirements set forth in Article IX hereof and designated by Landlord from time in Exhibit B attached hereto, shall be made available to time Tenant for the non-its exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building. With respect to Landlord’s entry on the roof terrace, except in the event of an emergency, Landlord shall endeavor to give Tenant advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s Proportionate Share use of such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if such use of the roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of such maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be equal subject to 13.99%the terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the terms of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord and delivered to Tenant from time to time, so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the roof terrace is constructed by Tenant in accordance with the terms of this Lease and such roof terrace is in substantially in the eastern portion of the Massachusetts Ave. wing of the Building, then from and after such construction by Tenant and thereafter so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building, Landlord shall use reasonable efforts to locate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, provided that it in no event will Landlord be obligated to (i) expend any material additional amounts in connection with such efforts or (ii) relocate any signs or equipment on the roof of the Building as of the date Tenant commences construction of the rooftop terrace in accordance with the terms of this Lease. Except as may otherwise be expressly provided in this Lease, the lease of the Premises does not include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to be performed by Landlord pursuant to the Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or implied, about the suitability of the Premises for Tenant’s intended use, except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the necessary business licenses and occupancy permit for its Premises. Landlord and Tenant agree that as of the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth in Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to remeasurement absent a change in the configuration of space in the Building impacting the Premises or Storage Space.
2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall use commercially reasonable efforts to deliver the Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to the extent that less than an entire floor is part of the Premises) is vacated by an existing tenant. Any entry upon the Premises by Tenant before the Premises are tendered by Landlord shall only be with Landlord’s written consent and/or when accompanied by a representative of Landlord or Landlord’s representative (unless otherwise allowed for and addressed in this Lease). Said entry shall be subject to all of the terms of this Lease, but no such permitted entry shall change the Lease Commencement Date or the expiration date of the Lease Term.
Appears in 1 contract
Premises. Landlord does hereby leases lease to Tenant Tenant, and Tenant does hereby leases lease from Landlord, for upon the term terms and subject to and with conditions herein set forth, the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), Premises described in Section l(b) hereof as shown on the Plans referenced in Exhibit “B” A-1 attached hereto and made part incorporated herein. In addition, Tenant shall also have the aforementioned parking rights and rights of hereof, ingress and egress over common areas in the building (Building and the “Building”) erected on certain land (the “"Land”") located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described on Exhibit A attached hereto, together with the right to use the large green "Commons" area in Exhibit “A” attached hereto the center of the campus of which the Land is a part. All of Tenant's rights in and made over the Land and the Commons shall be subject to the provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith ("REA"), a part hereofcopy of which Tenant acknowledges having had the opportunity to review. Landlord does not own the Building and Land but leases them pursuant to that certain Tower, and Adjacent Property Lease dated August 26, 1998 (the "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as landlord and Landlord as tenant. This lease is therefore actually a sublease and subject and subordinate to all of the terms and conditions of the Ground Lease. For purposes convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease shall modify or excuse Landlord's obligations to Tenant under this Lease. Landlord shall cause to be executed, concurrent with full execution of this Lease, the property (the “Property”) shall mean the Land and an agreement by PMC acknowledging that this Lease is in compliance with all requirements of the buildings now or hereafter located thereon. Ground Lease, and agreeing that, in the event the Ground Lease is terminated for any reason, this Lease shall become a direct lease between Tenant and PMC without further action by either party, and provided only that PMC shall have, as appurtenant not be liable for (i) any claims against the Landlord under this Lease accruing prior to the Premisesdate this Lease becomes a direct lease between Tenant and PMC, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert ii) any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing initial construction or future tenants. For purposes of allowance obligations under this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 . "Net rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided", however, that if the Building is expanded or reconfigured to increase its total "rentable area", and similar terms used herein when applied to future calculations or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share adjustments shall be recalculated accordingly. It is hereby agreed that mean "Rentable Area" as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%defined in BOMA American National Standard Z6.1-1996.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Premises. Landlord LANDLORD hereby leases to Tenant TENANT and Tenant TENANT hereby leases rents from LandlordLANDLORD, for the term and subject to and with space (hereinafter called the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “"Leased Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, " in the an office building (the “Building”) erected on certain land (the “Land”) located at 1155 ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇in the City of Colorado Springs, and State of Colorado (hereinafter called the "Project") situated as more particularly described in shown on Exhibit “A” A attached hereto and made a part hereof. Any measurements specified on Exhibit A are from the exterior of the outside walls of the Project and to the center of the interior walls provided however included in Tenant's space is that area inset in front of the entrance door to allow the door to swing towards the public corridor. The approximate boundaries and location of the Leased Premises are outlined in red on Exhibit A. For purposes of this Lease, the property parties agree that the Leased Premises shall be deemed to contain approximately 15,000* leasable square feet (the “Property”) "Leasable Square Footage"), such Leasable Square Footage calculated by the formula: the approximate actual or usable square footage occupied by the Tenant multiplied by the factor 1.1433 to account for the tenants shared use of the common areas of the Project. The exact Leasable Square Footage shall mean be determined solely by the Land Landlord's architect and shall be measured in accordance with the rules of B.O.M.A. standard of measurement for multi-tenancy. This Lease shall be adjusted after the determination of exact Leasable Square Footage to reflect the exact Leasable Square Footage and all other items related to the Leasable Square Footage shall be adjusted accordingly. The purpose of the buildings now site plan shown on Exhibit A is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate or hereafter located thereon. Tenant shall have, as appurtenant make additions to the Premisesvarious common areas, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the automobile parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Project.
Appears in 1 contract
Sources: Office Lease Agreement (Usa Net Inc)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with Premises described in the benefit of the termsBasic Lease Information, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as which Premises are more particularly shown on Exhibit “B” attached hereto and made part of hereofA, together with the right in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees common to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant the land (as described on Exhibit A-1) upon which the Building is located (the "Property").The Common Areas shall mean the areas and facilities within the Building and the Property provided and designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of the Building, then Tenant’s Proportionate Share (including, without limitation, common entrances and hallways, restrooms, trash disposal facilities, janitorial, telephone and electrical closets and landscaping walks, the parking garage, other unreserved parking areas, and drives). Subject to prior rights of existing tenants as more particularly set forth on Exhibit E, Tenant shall have a right of first offer to lease additional adjacent space on the third floor of the building in which the Premises are located on the same terms as herein provided, except that any Tenant Improvement allowance shall be recalculated accordingly. It is hereby agreed that as prorated at the rate of $2.50 per rentable square foot for each full lease year of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share remaining portion of the Initial Term of this Lease. Said right of first offer shall be equal exercised by Tenant's written notice of its intent to 13.99%enter negotiations, which notice shall ▇▇ ▇▇▇t to Landlord not more than ten (10) days following receipt of Landlord's written notice to Tenant of the availability of such space. In furtherance of the intention of this provision, Landlord shall have a duty to give notice of the availability of such space whenever the same shall become available during the term of the Lease.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for upon the term terms and subject to and with conditions hereinafter set forth, those certain premises (the benefit "Premises") presently known, as of the terms, covenants, conditions and provisions hereof, part date of the Third Floor and part of the Basement (the “Premises”)this Lease, as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, described as more particularly follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately thirty-eight thousand two hundred eighty-four (38,284) square feet (the "Building"), as shown cross-hatched on the site plan (the "Site Plan") attached hereto as EXHIBIT "A". The Building is located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in Exhibit “A” EXHIBIT "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premises are located. Landlord shall deliver the premises in good condition and repair, including the roof, heating, ventilation and air conditioning (HVAC) equipment and structural integrity of the building and in compliance with all governmental codes, ordinances and statues, including those applicable under the Americans of Disabilities Act (ADA). Landlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "as-is" condition, except for those improvements as defined as "Landlord's Improvements" in EXHIBIT "C" attached hereto and made a part hereof. For purposes of this LeaseTHE EXACT SQUARE FOOTAGE SHALL BE DETERMINED UPON FINAL APPROVAL OF THE FINAL TENANT IMPROVEMENT PLANS, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall haveWHICH TENANT DESIRES TO CONSTRUCT AT ITS SOLE COST, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%PURSUANT TO EXHIBIT "D" ATTACHED HERETO.
Appears in 1 contract
Premises. Landlord hereby leases and demises to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereonPremises. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto the exterior common walkways and driveways on the Lot, and the right of its employees, invitees and visitors to continuously use four (4) parking spaces for each 1,000 rentable square feet within the Premises, being (i) one hundred sixty (160) parking spaces in the Building’s common parking areas from and after the Phase I Commencement Date, (ii) a total of four hundred sixty two (462) parking spaces in the Building’s common parking areas from and after the Phase II Commencement Date, and (iii) a total of five hundred forty-six (546) parking spaces in the Building’s common parking areas from and after the Phase III Commencement Date, in each case on a non-exclusive and non-dedicated basis; provided that if Landlord at any time provides another tenant in the Building with parking rights more favorable than those provided to Tenant hereunder, Tenant’s parking rights shall be adjusted such that Tenant has parking rights comparable to such other tenant. Landlord reserves the right from time to time to implement reasonable measures, such as the use of parking stickers, applicable on a uniform basis to all tenants in the Building, in order to monitor the use of the Building’s parking spaces by Tenant and other tenants in the Building, and Tenant shall reasonably cooperate therewith. In addition, Tenant shall have the exclusive right to use, and permit its invitees to use in common with Landlord and othersat no additional charge, approximately 3,000 square feet of mezzanine space within the elevatorsBuilding, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located as more particularly shown on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land Exhibit B attached hereto (the “Common AreasMezzanine Space”). In Said Mezzanine Space is delivered to Tenant in “As Is,” “Where Is” condition, with all faults and without representation, warranty or guaranty of any kind by Landlord to Tenant, except for the performance of that portion of Landlord’s Work to be performed therein. Any costs associated with alterations or improvements to the Mezzanine Space shall be Tenant’s responsibility. Landlord shall have no event obligations with respect to the maintenance or repair of the Mezzanine Space, except for the maintenance and repair of its structure. Tenant’s use of the Mezzanine Space shall Landlord convert remain subject to the remaining provisions of this Lease, including those relating to maintenance and repair and payment of utilities. Within thirty (30) days after delivery of the any portion of the First Floor Atrium Premises to Tenant, Tenant may request that Landlord’s architect remeasure the space. If such measurement reveals that the rentable floor area of a portion of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor Premises is less than that specified in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing then, effective as of the total rentable area applicable Commencement Date, the amounts set forth in this Lease for Annual Fixed Rent and any other charges based upon the size of the Premises (25,472 rentable square feet) by shall be revised based upon such measurement and the total rentable area of parties hereto shall promptly execute a supplemental instrument evidencing the Building (182,106 rentable square feet)revised amounts. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor If Tenant shall have made any payments to Landlord prior to the right measurement, then a prompt adjustment shall be made in said payments to demand remeasurement or recalculation reflect the revised amounts. The determination of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share measurement shall be recalculated accordingly. It is hereby agreed that computed in accordance with the BOMA standards attached as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Exhibit C hereto.
Appears in 1 contract
Premises. 1.1 Subject to all of the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the premises (the Leased Premises) crosshatched on Exhibit "I" to this Lease, for containing approximately 10,757 square feet of rental area on the term 1st and subject to and with the benefit 2nd floors of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), office building commonly known as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇, and as more particularly ▇▇▇ ▇▇▇▇▇▇ (the Building). The land described in Exhibit “A” attached hereto I and made a part hereof. For purposes of this Leaseall improvements thereon and appurtenances thereto, including, but not limited to, the property (Building, access roadway, and related areas, shall be collectively hereinafter referred to as the “Property”) shall mean the Land and all of the buildings now or hereafter located thereonBuilding Complex. Tenant shall have, as appurtenant also have access to and use of the roof to the PremisesBuilding for installation and maintenance of Telecommunications equipment, the non-exclusive right to useincluding antennas and other broadcasting and transmission equipment, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Buildingsupplemental HVAC; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion any installations and maintenance of the Common Areas same shall be done at Tenant’s sole cost and expense and shall not interfere with the mechanical, electrical, roof, plumbing and any other systems of the Building. Any installation of new equipment must comply with all applicable codes and requires Landlord approval, which will not be unreasonably withheld. If requested by Landlord, Tenant shall remove all equipment installed by Tenant on the roof of the Building are converted into a separately demised area and leased to a specific tenant after the Commence Date at the end of the Buildinglease, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as and restore the affected part of the Building Complex to its condition at the time of installation, reasonable wear allowed.
1.2 Notwithstanding anything to the contrary in this Lease, the recital of the rentable area hereinabove set forth is for descriptive purposes only. Tenant shall have no right to terminate this Lease Commencement Date or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined)) payable hereunder if said recital is incorrect. The Tenant has inspected the Leased Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein.
1.3 The Landlord reserves the right, during term of the Lease, to take possession of the Leased Premises, provided that the Landlord substitutes other comparable space within the Building for Tenant’s Proportionate Share possession of the equivalent or larger size. All of the terms and conditions of this Lease, including the amount of monthly rent owed by the Tenant, shall remain unchanged if the Landlord exercises its rights hereunder to move the Tenant to such other comparable available space within the Building. Landlord shall provide the Tenant with at least 120 days prior notice before exercising its right hereunder to retake the Leased Premises. The substituted office space shall be equal fitted, repainted and have installed carpeting all of the same or better quality as the Leased Premises at Landlord’s cost and expense. The Landlord agrees to 13.99%supervise and to pay all reasonable costs and expenses associated with moving Tenant and all of Tenant’s equipment and personal property to the substitute space as well as all costs of moving and reinstalling Tenant's telephone system, computer system and internet system to the substitute space, with minimum interruption of service. During the term of this Lease, provided Tenant is not in default of the Lease at the time space is available to rent, Tenant shall have the right of first refusal to rent any other space in the Building. Tenant must provide written response to Landlord indicating whether or not it desires to take the additional space within 15 days of Landlord offering the space to Tenant and committing to Tenant that it is actively marketing the space.
Appears in 1 contract
Sources: Lease Agreement (Fusion Telecommunications International Inc)
Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord the Premises for the term Permitted Use. The Premises are comprised of the Net Rentable Area in the Building situated on the Land in the County of Durham, City of Durham, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Except as provided herein (and subject to latent defects not readily apparent through visual inspection and with the benefit of the termsidentified “punchlist” items, covenants, conditions and provisions hereof, which Landlord shall repair within a reasonable The Building is part of the Third Floor Project and part consists of a total of Eighty-Five Thousand Six Hundred and Twenty-Two (85,622) rentable square feet with the Building being comprised of Fifty One Thousand Six Hundred Sixty-Seven (51,667) rentable square feet. Landlord hereby represents and warrants to Tenant that the foregoing representations regarding rentable square feet are consistent with the definition of rentable area calculated pursuant to Building Owners and Managers Association Standards. A floor plan of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” Premises is attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, hereof as appurtenant Exhibit B. As an appurtenance to the Premises, Tenant, its employees and invitees will have the nonexclusive right to use the Common Areas at the Building. Within five business days of the Commencement Date, Tenant will, upon demand of Landlord, execute and deliver to Landlord a letter of acceptance of delivery of the Premises (subject to latent defects not readily apparent through visual inspection and identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), acknowledging the Commencement and Termination Dates of this Lease. Except for any items the cost of which is paid out of the Tenant Improvement Allowance, Landlord shall perform, at its sole cost and expense, all work detailed on Exhibit C hereto. The upfit of the Premises, will be performed by Landlord in accordance with the Premises Specifications in the Work Letter, if applicable attached hereto and made a part hereof Exhibit D. Subject to reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants of the Project, Tenant and its invitees will have the right to the non-exclusive usage of twenty (20) parking spaces. Landlord will not be responsible for enforcing Tenant’s parking rights against any third parties. Tenant is granted a non-exclusive right to use, and permit its invitees to use in common with the other tenants and users of the Project, all of the Common Areas. Landlord shall have exclusive control and othersmanagement responsibility of the Common Areas. Landlord may, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for time, alter the non-exclusive use of tenants Common Areas, install kiosks, planters, fountains, sculptures, signs, and other occupants of structures within the Building or improvements on the Land (the “Common Areas”). In no event Areas provided however that any such alterations shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South not materially and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, adversely interfere with Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area use or enjoyment of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)or decrease Tenant’s parking spaces. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet establish, modify, and enforce reasonable rules and regulations with respect to the Premises Common Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas. Landlord makes no representation or warranty concerning the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion size of the Common Areas and may, in the future, reduce the size of the Building are converted into a separately demised area Common Areas in its reasonable discretion, provided however that such reduction shall not materially and leased to a specific tenant adversely interfere with Tenant’s use or enjoyment of the BuildingPremises, then and shall result in a commensurate reduction in Tenant’s Proportionate Share Share. Landlord hereby grants to Tenant a continuing right of first refusal to lease vacant and available space in the Building (the “Additional Space”) under the terms and conditions as provided below:
(i) Subordinate to other tenants at the Project with pre-existing First Right of Refusal, and so long as there is no event of default by Tenant hereunder beyond any applicable grace and/or cure period, Landlord will notify Tenant when it has all or a portion of the Additional Space for lease to a third party (the “Third Party”) and the terms and conditions upon which it is willing to lease such space (“Landlord’s Notice”).
(ii) Tenant shall provide written notice to Landlord, as to Tenant’s decision to lease or not to lease the Additional Space within five (5) business days after Landlord’s Notice is received. If Tenant does provide to Landlord notice to lease the Additional Space, Landlord and Tenant will execute a lease amendment adding the Additional Space to the Premises within twenty (20) days after Landlord’s receipt of Tenant’s notice of intent to lease on all the same terms provided to the Third Party. If Tenant does not provide written notice to Landlord within five (5) business days after receipt of the Landlord's Notice, Tenant will have been deemed to have waived its right to lease the Additional Space and Landlord shall be recalculated accordinglyfree to enter into a lease with the Third Party. It is hereby agreed that as Should all or any portion of the Lease Commencement Date Additional Space become vacant thereafter, Tenant shall again have the right of first refusal provided herein.
(iii) The rights provided to Tenant in this Section are personal to the Tenant and may not be assigned in connection with an assignment of this Lease, subletting of the Premises or otherwise, except for any Permitted Transferee (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Premises. 2.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord the term Premises on the terms and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, set forth in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to has examined the Premises, the non-exclusive right to use, Premises and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access title to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants has found all of the Building or improvements on same satisfactory for all purposes. Tenant acknowledges that Tenant is fully familiar with the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area physical condition of the Premises (25,472 rentable square feet) by and that the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement makes no representation or recalculation of the rentable square feet warranty, express or implied, with respect to same. TENANT AGREES TO ACCEPT DELIVERY OF POSSESSION OF THE PREMISES ON AN “AS IS” BASIS, IT BEING AGREED THAT TENANT WILL LEASE THE PREMISES IN THEIR THEN-EXISTING CONDITION, WITH ALL FAULTS. LANDLORD HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE RELATIVE TO THE PREMISES OR ANY COMPONENT PART THEREOF. Tenant acknowledges and agrees that no representations or warranties have been made by Landlord, or by any person, firm or agent acting or purporting to act on behalf of Landlord, as to (i) the presence or absence on or in the Premises of any particular materials or substances (including, without limitation, Hazardous Material), (ii) the condition or repair of the Premises or any portion thereof, (iii) the value, expense of operation or income potential of the Premises, (iv) the accuracy or completeness of any title, survey, structural reports, environmental audits or other information provided to Tenant by any third party contractor relative to the Premises (regardless of whether the same were retained or paid for by Landlord), or (v) any other fact or condition which has or might affect the Premises or the Building; providedcondition, howeverrepair, value, expense of operation or income potential thereof. Tenant represents that if the Building is expanded or reconfigured officers of Tenant are knowledgeable and experienced in the leasing of properties comparable to increase its total rentable area, or if a material portion the Premises and agrees that Tenant will be relying solely on Tenant’s inspections of the Common Areas of Premises in leasing the Building are converted into a separately demised area and leased to a specific tenant of the BuildingPremises. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY THE LANDLORD OF, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined)AND THE LANDLORD DOES HEREBY DISCLAIM, Tenant’s Proportionate Share shall be equal to 13.99%ANY AND ALL WARRANTIES BY THE LANDLORD, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR ANY PORTION THEREOF, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW NOW OR HEREAFTER IN EFFECT OR OTHERWISE, AND TENANT HEREBY ACKNOWLEDGES AND ACCEPTS SUCH EXCLUSION, NEGATION AND DISCLAIMER.
Appears in 1 contract
Sources: Commercial Ground Lease (Palace Entertainment Holdings, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from (a) Landlord, for the term and subject to and with the benefit in consideration of the termsrents to be paid and covenants and agreements to be performed by Tenant, covenants, conditions and provisions hereof, part does hereby lease unto Tenant premises comprised of the Third Floor and part approximately 20,660 square feet of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part leasable space with an address of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at 2▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇# ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Premises”) in the shopping center owned by Landlord containing approximately 100,000 square feet of leasable space on approximately 15 acres and commonly known as more particularly described Lynnhaven East Shopping Center, in the City of Virginia Beach, Boroughs of Lynnhaven and Princess A▇▇▇ and State of Virginia (the “Center”). The location, size, and area of the Premises and of the Center are substantially as shown on Exhibit “A” attached hereto and made a part hereof (the “Site Plan”). A legal description of the Center is attached hereto as Exhibit “B” and made a part hereof. For purposes The approximate dimensions of the Premises shall be 100’ x 200’ plus any additional square footage for Tenant’s loading dock and/or receiving area.
(b) The square footage specified in Section 1(a) shall be certified to Tenant by Landlord’s architect prior to the Rent Commencement Date (defined in Section 3(b) below). Tenant shall have ninety (90) days from the receipt of such certification to verify or object to Landlord’s measurement. If Tenant objects to Landlord’s measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the middle of interior walls, excluding the square footage of any mechanical and utility rooms, escalators, elevators, stairs and any other common area space located within the Premises. If the square footage of the Premises as verified and confirmed by Tenant pursuant to this Section 1(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area.
(c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that it shall be used as a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, visibility of, parking for or use of the property Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (i) reduce the ratio of parking spaces (for standard size American cars) to gross leasable area of buildings in the Center below five (5) spaces per 1,000 square feet of leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the “PropertyProtected Area”, (iii) shall mean interfere with truck access to the Land and all loading doors of the buildings now or hereafter located thereon. Tenant shall havePremises, as appurtenant (iv) materially adversely interfere with customer access to the Premises, (v) materially adversely interfere with the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, visibility of the elevators, walkways, driveways and access Premises from the roads necessary for providing direct access to the Premises and Center, or (vi) result in the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located construction of any buildings in the area designated “No Build Area” on the Land and designated by Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord from time shall use good faith, commercially reasonable efforts to time for the non-exclusive prevent any interference with parking for, access to or visibility or use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded business of Tenant or reconfigured to increase its total rentable area, any subtenant or if a material portion licensee of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease (DSW Inc.)
Premises. Landlord Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by Tenant, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases lease and take from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the a) a building (the “"Building”) erected "), located on that certain parcel of land described on EXHIBIT attached hereto, and being a shopping center commonly known as Northwest Village Shopping Center (the “Land”"Shopping Center") located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇on College Avenue (U.S. Hwy. Fayetteville, ▇▇▇▇▇▇▇Arkansas, and (b) a non-exclusive easement and right to use all facilities erected or serving the Shopping Center and intended for public or common use, including, but not limited to, all entrances, exits, driveways, service drives and parking areas. The premises contain approximately twenty-three thousand five hundred (23,500) square feet of floor area, as delineated on the site plan attached hereto as EXHIBIT (the "Demised Premises"). After the Date of Occupancy (as defined in Article Landlord shall cause its architect to measure the leasable space in the Building and certify to Landlord the correct dimensions. The measurement shall be to the outside face of all exterior walls and to the centerline of any common walls. If ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made 's measurements reveal a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, floor area which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances is different from the First Floor Atrium to the South and East Wings of the First Floor floor area provided for in order to provide access to such areas for existing or future tenants. For purposes of this LeaseArticle 1 above, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of dispute Landlord's measurement, in which event either (a) Landlord and Tenant shall mutually agree on the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised floor area and leased to a specific tenant of the Building, then or (b) Landlord and Tenant shall agree to have the space measured by an independent architect mutually acceptable to Landlord and Tenant’s Proportionate Share , at Landlord's and Tenant's expense, in which event Landlord and Tenant agree to abide by such measurement. Upon the determination of the actual floor area of the Demised Premises, the minimum rent and all other charges payable by Tenant hereunder shall be recalculated accordingly. It is hereby agreed that as adjusted to reflect the floor area of the Lease Commencement Date Demised Premises, but in no event shall the floor area be deemed to be larger than twenty-four thousand (as hereinafter defined)24,000) square feet for the purpose of calculating minimum rent and other charges under this lease. The Demised Premises shall not include any part of the exterior walls or roof of the Building, nor any land beneath the floor of the Demised Premises. Notwithstanding the foregoing, Landlord shall not place any signs on the exterior of the Building, construct any additional floors above the Demised Premises, place signs on the exterior of the Building, remodel the exterior of the Building or locate any equipment on the roof without Tenant’s Proportionate Share 's consent, which shall not be equal unreasonably withheld, conditioned or delayed, and in no event shall Landlord's use of the exterior walls of the Demised Premises, the area beneath the Demised Premises, or the roof of the Demised Premises adversely affect Tenant's access to 13.99%or use of the Demised Premises.
Appears in 1 contract
Sources: Lease Agreement
Premises. Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Tenant’s Space in the term Building, excluding exterior faces of exterior walls, the common facilities area, common stairwells, shafts, ducts and subject to conduits passing through the Premises and with the benefit building systems and building service fixtures and equipment serving exclusively or in common other parts of the termsBuilding. Tenant’s Space (including Phase 1 and Phase 2) with such exclusions, covenantsbut with such appurtenances as hereinafter provided, conditions and provisions hereof, part of the Third Floor and part of the Basement (is hereinafter collectively referred to as the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common areas and othersfacilities included in the Building or on the parcel of land on which the Building is located (“the Lot”), including, without limitation, a fitness center, locker rooms and a café located within the elevatorsBuilding, walkwaysand the common areas and facilities included within Burlington Office Park 1 (the “Park”), and all means of access to and from the Building to the common areas and facilities, including without limitation the service, loading and parking areas allocable to the Building (i.e., Tenant shall be entitled to up to 101 non-reserved parking spaces including eight (8) “reserved” spaces located on the Lot, which reserved spaces shall be located as shown on Exhibit “B”, without additional compensation from Tenant), all sidewalks, roads, driveways and access roads necessary the like, to the extent all of the foregoing are from time to time designated by Landlord; and (b) the Building service fixtures and equipment serving the Premises. Landlord shall maintain a fitness center, locker rooms and a café in operation throughout the Term. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use (a) to install, repair, replace, use, maintain and relocate for access service to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and to other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants parts of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedeither, however, Landlord may create entrances from the First Floor Atrium to the South building service fixtures and East Wings of the First Floor equipment wherever located in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then and (b) to alter or relocate any other common area or facility, provided that substitutions are substantially equivalent or better. Landlord’s exercise of the foregoing rights shall not materially increase Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), obligations or diminish Tenant’s Proportionate Share shall be equal to 13.99%rights hereunder, or materially interfere with Tenant’s parking rights.
Appears in 1 contract
Sources: Lease Agreement (Demandware Inc)
Premises. Subject to the Expansion Premises Term Commencement set forth in Exhibit A below regarding the Expansion Premises, the Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term Term, the Premises. The Premises shall exclude the entry and subject to and with the benefit main lobby of the termsBuilding, covenantsfirst floor elevator lobby, conditions first floor mail room, the common stairways and provisions hereofstairwells, part of the Third Floor elevators and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇elevator ▇▇▇▇▇, ▇▇▇▇▇▇▇boiler room, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby and toilets located on such floor. The Tenant acknowledges that, except as more particularly described expressly set forth in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all there have been no representations or warranties made by or on behalf of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant Landlord with respect to the Premises, the non-exclusive right to use, and permit its invitees to use in common Building or the Property or with Landlord and others, the elevators, walkways, driveways and access roads necessary for access respect to the suitability of any of them for the conduct of the Tenant’s business. Tenant acknowledges that, except as expressly set forth in this Lease, it is accepting the Premises in its present “as-is” condition with no expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements required to prepare the Premises for Tenant’s occupancy. Landlord shall be responsible, at its sole cost and expense, to (i) demise the parking areasSecond Floor Expansion Premises as shown on Exhibit B, loading areas(ii) demise the Third Floor Expansion Premises as shown on Exhibit B, trash enclosures, pedestrian sidewalks, landscaped areas, recreation (iii) create common areas and other common area corridors for a multi-tenant third floor (after giving good faith consideration to Tenant’s input and suggestions for the layout and configuration of such common areas and facilities, if any, which are located on common area corridors); and (iv) to replace the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants roof of the Building or improvements on during 2010, all in a manner which meets all City of Cambridge building code requirements. Landlord shall deliver to Tenant a copy of any report in its possession, including but not limited to any and all decommissioning documents and reports, that describes the Land (the “Common Areas”). In no event shall Landlord convert environmental condition of any portion of the First Floor Atrium Expansion Premises prepared by or on behalf of Landlord or ETEX Corporation (“ETEX”) in connection with the prior occupancy of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated Expansion Premises by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%ETEX.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions conditions, agreements and provisions hereof, part of the Basement, First, Second and Third Floor and part of the Basement Floors (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain the land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Land”), and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, escalators, stairways, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 88,930 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.9948.83%.
Appears in 1 contract
Sources: Lease Agreement (Immunogen Inc)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (a) The Premises demised by this Lease (the “Premises”)) will consist of a “Rentable Area” of approximately 150,000 gross square feet in above-ground office space, which constitutes the entire rentable area of two interconnected buildings (collectively referred to herein as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain to be constructed by Landlord as part of the Annapolis Point Corporate Center mixed use development in A▇▇▇ Arundel County, Maryland (the “Project”), which building is to be known as One Annapolis Point, together with the right throughout the Term of this Lease to use parking facilities and other Common Areas (as defined herein) all as more particularly set forth herein. The parties agree that the name of the Project may be changed by Landlord at any time prior to Substantial Completion of construction of the Building. The land upon which the Building is situated (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇is depicted on the site plan attached hereto as Exhibit B (the “Site Plan”) and incorporated herein by reference, and labeled thereon as more particularly described the “Land”. The Land and the Building, together with the rights of the owner of the Land and Building in Exhibit “A” attached hereto and made a part hereof. For purposes of this Leaseto the surface parking facilities serving, inter alia, the property (Building are collectively referred to herein as the “Property”) shall mean . The Premises is depicted in the Land drawing attached hereto as Exhibit A and all incorporated herein by reference. Upon completion of design development drawings for the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the PremisesBuilding, the non-exclusive right to use, and permit its invitees to use Premises will be measured in common accordance with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to most recent BOMA standard method of measurement.
(b) The “Rentable Area” of each of the Premises and Building shall be subject to readjustment or re-measurement in the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use event of tenants and other occupants casualty or condemnation that requires a reconstruction or restoration of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert a part thereof, or by any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area contraction of the Premises (25,472 rentable square feet) such as due to the exercise by Landlord of a right of recapture provided for hereunder), in each case with such re-adjustment or re-measurement to be limited solely to the total rentable area portion of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined)case may be, Tenant’s Proportionate Share shall be equal to 13.99%directly affected thereby.
Appears in 1 contract
Premises. 2.1 Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, Landlord for the term and subject to and with upon the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, covenants set forth in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, will have the non-exclusive right to useuse (a) the common and public areas of the Building and (b) subject to such requirements (other than the payment of any fee therefor) and limitations as Landlord, in its sole and permit its invitees to use in common with Landlord and othersabsolute discretion, may impose, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are telephone room located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land twelfth (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant 12th) floor of the Building; provided. Except as may otherwise be expressly provided in this Lease, howeverthe lease of the Premises does not include the right to use the roof, mechanical rooms, electrical closets, janitorial closets, parking areas or other non-common or non-public areas of the Building.
2.2 The rentable area in the Building and in the Premises shall be determined by Landlord's architect in accordance with the Building Owners and Managers Association International Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996. Landlord shall have the option, exercisable by written notice to Tenant at any time during the first one hundred eighty (180) days of the Term, to have the rentable floor area of the Premises remeasured by Landlord's architect in the manner described above or any successor thereto irrespective of whether any option to expand or contract the Premises is exercised by Tenant. Upon such remeasurement by the Landlord's architect, Landlord may create entrances from the First Floor Atrium to the South and East Wings may, at its option, give Tenant written notice of the First Floor rentable floor area so determined, in order which event the rentable area as thus remeasured shall be deemed to provide access to such areas be the rentable floor area of the Premises for existing or future tenants. For all purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) all Rent theretofore paid by Tenant to Landlord during the Term shall be calculated retroactively adjusted, and any deficiency shall be paid by dividing Tenant to Landlord within thirty (30) days after Landlord's notice to Tenant setting forth the total rentable floor area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Premises.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant the premises described in Section 1 and Tenant hereby leases from Landlordin Exhibit A (the "Premises"), for located in the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, buildings described on Exhibit B. The buildings are part of the Third Floor and part of the Basement (the “Premises”)a larger, as multi-building development shown on Exhibit “B” attached hereto B (the "Project"). As used herein, Buildings Two and made part of hereofThree may be referred to as "Tenant's Buildings", and all buildings in the building (Project are referred to collectively as the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof"Buildings"). For purposes of this Lease, the property (the “Property”) shall mean the Land and all Upon completion of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant Improvements to the Premises, Landlord shall cause the nonrentable square footage of the Premises to be measured by Landlord's architect using the BOMA American National Standard Institute Publication, ANSI Z65.1-exclusive right to use1996 standards (the "Rentable Square Footage"), and permit its invitees to use in common which measurement shall govern with Landlord and others, the elevators, walkways, driveways and access roads necessary for access respect to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use Area of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”Section 1(d). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation have a Washington-licensed surveyor approved by Landlord and jointly responsible to Landlord and Tenant verify the Premises Net Rentable Area determined by Landlord's Architect, if it does so within twenty (20) days after receipt of the rentable square feet notice from Landlord's Architect. If based on such verification Tenant disagrees with respect the Net Rentable Area determined by Landlord's Architect it shall advise Landlord and its Architect of the deviation within ten (10) days thereafter or be deemed to have accepted Landlord's Architect's determination. If Tenant gives a timely notification of disagreement, then the parties shall jointly select a Washington-licensed surveyor to review the calculations of Landlord's architect and the Tenant selected surveyor and make the determination of Premises Net Rentable Area, which determination shall be final and binding on the parties. Landlord shall cause each building within the Project to be similarly measured for the purposes of Sections 1(e) and 1(f) upon completion of the interior improvements of such building(s). Each building shall be deemed added to the Premises or Project for the Building; provided, however, that if purposes of such computation upon the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas completion of the Building are converted into a separately demised area Shell and leased Core improvements, as defined in Exhibit C, to a specific tenant such building and the computations of the BuildingSection 1, then Tenant’s Proportionate Share if delayed pending final measurement of Rentable Square Footage, shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal deemed retroactive to 13.99%such date.
Appears in 1 contract
Premises. The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term Term, the Premises. The Premises shall exclude the entry and subject to and with the benefit main lobby of the termsBuilding, covenantsfirst floor elevator lobby, conditions first floor mail room, the common stairways and provisions hereofstairwells, part of the Third Floor elevators and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇elevator ▇▇▇▇▇, ▇▇▇▇▇▇▇boiler room, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby and toilets located on such floor. The Tenant acknowledges that, except as more particularly described expressly set forth in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all there have been no representations or warranties made by or on behalf of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant Landlord with respect to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing Property or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the suitability of any of them for the conduct of the Tenant’s business. Tenant acknowledges that, except as expressly set forth in this Lease, it is accepting the Premises in its present “as-is” condition with no expectation that Landlord will or should perform or contribute toward the Building; providedcost of any leasehold improvements required to prepare the Premises for Tenant’s occupancy, except as provided otherwise herein. Provided, however, prior to the Commencement Date, Landlord shall be responsible, at its sole cost and expense, to (i) deliver the base building mechanical systems (HVAC, electrical, life safety, plumbing) and the laboratory systems that if exclusively service the Building is expanded or reconfigured to increase its total rentable areaPremises (specifically the central vacuum, or if a material portion of compressed air, RODI and acid neutralization systems) (collectively, the Common Areas of “Laboratory Systems”), and the Building are converted into a separately demised area Kohler gas fired 100KW emergency generator that exclusively serves the Premises (the “Emergency Generator”) in good operating condition and leased to a specific tenant of repair; (ii) decommission the BuildingPremises, then and (iii) provide HVAC infrastructure that will accommodate Tenant’s Proportionate Share needs for 12-15 air changes per hour for all lab spaces currently located in the Premises. All of Landlord’s obligation in this Section 2.1 shall be recalculated accordingly. It is hereby agreed that referred to collectively as of the Lease Commencement Date (as hereinafter defined), Tenant“Landlord’s Proportionate Share shall be equal to 13.99%Work”.
Appears in 1 contract
Premises. Landlord hereby leases to the Tenant and Tenant hereby leases from LandlordLandlord pursuant to the terms of this Lease those Premises consisting of that approximately 18-acre tract of land and that Building and related parking lots, for driveways and dock doors serving the term and subject Premises, all as depicted on the Site Plan attached as Exhibit A hereto, to and with the benefit be constructed by Landlord on that parcel of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), land commonly known as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Drive, Franklin, Ohio and as more particularly described in Exhibit “A” B hereto (the "Lot") pursuant to those approved plans and specifications as further described herein and that floor plan attached hereto as Exhibit C containing 90,000 square feet of leaseable space. The parties agree that upon either party's request within sixty (60) days following the Commencement Date, the Premises shall be remeasured. If the total leaseable area of the Premises is found to be less that or greater than the area as set forth above, the Landlord and made a part hereof. For Tenant shall execute an amendment to the Lease to correct the discrepancy in the total leaseable area of the Premises, for all purposes of this Lease. If either party does not request said remeasuring within the aforesaid 60 day period, the property (square footage set forth above shall be deemed accepted by the “Property”) shall mean the Land and parties hereto for all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, . A-6. Landlord's Reserved Rights Provided Landlord does not unreasonably interfere with Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area 's use of the Premises (25,472 rentable square feet) by and its operations thereon, Landlord reserves the total rentable area of right to enter the Building (182,106 rentable square feet)Premises to perform Landlord's obligations, and enforce Landlord's rights under this Lease. Without limiting the foregoing, Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation enter into Premises at any time, in the case of an emergency, and otherwise at reasonable times and on advance notice to Tenant, for the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion purpose of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.showing the
Appears in 1 contract
Sources: Lease (Am General Corp)
Premises. (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to the terms and with conditions herein, to each and all of which Landlord and Tenant hereby mutually agree, those certain Occupied and Unoccupied premises (collectively "Premises", unless otherwise specifically noted), highlighted on Exhibit A attached hereto, which include APPROXIMATELY 35,000 RENTABLE SQUARE FEET OF OCCUPIED PREMISES (the benefit exact square footage and load factor shall be determined by final space plan; said square footage shall not be less than 35,000 square feet). The location of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇Premises is commonly known as: 1185▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇, and ▇▇ ▇▇▇▇▇.
(b) Tenant shall also have the right herein to lease AN ADDITIONAL APPROXIMATE 15,000 SQUARE FEET OF "UNOCCUPIED PREMISES" as more particularly described specifically outlined in Exhibit “A” attached hereto Article 4(a)(ii) herein. Finally, Tenant shall have a "Right of First Refusal" to further add to the Premises and made Unoccupied Premises identified in this Lease, provided that such Right of First Refusal applies only to vacant and unrented space in the same building as the Premises and further provided that Tenant execute within five (5) business days, of written notice from Landlord, a part hereof. lease for the additional space containing the same terms and conditions which have been agreed to by the prospective tenant other than Tenant (Advanta).
(c) For purposes of this Lease, the property Premises shall be measured in accordance with the Building Owners and Management Association (BOMA) Method, American National Standard (ANSI Z65.1-1980, reaffirmed 1989) of floor measurement. Landlord shall provide, upon Tenant's request, the “Property”) shall mean calculations which show how the Land and all Total Rentable Area of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to Building and Rentable and Useable Area of the PremisesPremises were derived.
(d) In addition, the non-exclusive Premises shall include the appurtenant right to use, and permit its invitees to use in common with Landlord and others, the elevatorssite, walkways, driveways parking and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by . Landlord from time to time for the shall provide Tenant 6 NON-RESERVED PARKING STALLS PER 1,000 RENTABLE SQ. FT. OF OCCUPIED PREMISES (approximately 210 non-exclusive use of tenants and other occupants of reserved parking stalls at the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes Commencement Date of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing in the total rentable area adjacent parking lots of the Premises Premises; one (25,472 rentable square feet1) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable above parking stalls to be reserved stalls per each 4,500 square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Occupied Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then designated by Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease (Advanta Corp)
Premises. The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term and Term, the Premises, which shall be comprised of the space illustrated on Exhibit B-1, subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease. Tenant shall further be subject to any declaration of easements, covenants and/or restrictions or other matters of record encumbering the Park provided that such agreement does not adversely affect Tenant’s use and occupancy of the Premises or its rights and obligations under this Lease in more than a de minimus manner (Tenant acknowledging that it has no right to object to the recording of the No Further Remediation letter or any deed covenants required thereby so long as they are consistent with the benefit terms of the termsDECR (all as defined in Section 5.5, covenantsbelow). The Tenant acknowledges that, conditions and provisions hereofexcept as expressly set forth in this Lease, part there have been no representations or warranties made by or on behalf of the Third Floor and part Landlord with respect to the Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Basement (Tenant’s business or activities. The Premises shall exclude common areas and facilities of the “Premises”)Property, as shown on Exhibit “B” attached hereto including without limitation exterior faces of exterior walls, the entry, vestibules and made part main lobby of hereofthe Building, in first floor elevator lobby, the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇common stairways and stairwells, elevators and elevator ▇▇▇▇▇, ▇▇▇▇▇▇▇boiler room, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and as more particularly described pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in Exhibit “A” attached hereto and made a part hereofcommon other parts of the Building. For purposes If the Premises at any time includes less than the entire rentable floor area of this Leaseany floor of the Building, the property (Premises shall also exclude the “Property”) shall mean the Land common corridors, vestibules, elevator lobby, toilets, janitor’s closet, electrical and all of the buildings now or hereafter telephone closet, and freight elevator vestibule located thereonon such floor. Tenant shall havehave twenty four (24) hours per day, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for seven (7) days per week access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%parking.
Appears in 1 contract
Sources: Lease (Exicure, Inc.)
Premises. A. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the premises ("Premises") comprised of approximately 8,328 square feet of warehouse space, for the term 7,340 square feet of manufacturing space, 5,114 square feet of office space, and subject to and with the benefit 90 square feet of the terms, covenants, conditions and provisions hereof, part Common Building Areas (20,872 total rentable square feet of the Third Floor and part of the Basement (the “Premises”area), as shown on Exhibit “B” which is depicted in the site plan attached hereto as EXHIBIT A. The building in which the Premises is located ("Building"), all other improvements within the area outlined on EXHIBIT A, Common Areas (as defined herein), and made part of hereofthe real property underlying the same are collectively referred to herein as the "Project". The Project is commonly known as the WATERS BUSINESS CENTER PHASE II, in the building (the “Building”) erected on certain land (the “Land”) is located at the street address of ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, is comprised of approximately 73,465 total rentable square feet of area. Landlord warrants that on the Lease Commencement Date the Premises shall be in compliance with all applicable laws, codes and ordinances, and as more particularly described all Building systems shall be in Exhibit “A” attached hereto good working order and made a part hereof. condition.
B. For the purposes of this Lease, the property (the “Property”) shall mean the Land and all determination of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to number of rentable square feet in the Premises, the non-exclusive right to useBuilding, and permit its invitees to use in common with Landlord the Project shall be made by measuring from the exterior face of exterior walls, and others, from the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the nonmidline or centerpoint of interior or party walls. "As-exclusive use of tenants and other occupants built" measurements will be taken of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium and Premises as soon as construction has progressed to the South point where such measurement is possible. Landlord will certify such "as built" measurements to Tenant and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Leasethereafter, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge shall execute an addendum to this Lease in the form of attached EXHIBIT B, confirming said measurements and accept adjusting (i) the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Premises and Project, (ii) the Base Rent, and (iii) Tenant’s Proportionate Share 's pro rata share, to reflect the actual rentable square feet of area of the Building, Premises and Project, and such addendum shall thereupon be deemed attached hereto, incorporated herein, and by this reference made a part of this Lease. Until such time as said as-built measurements are available, Tenant agrees that the estimated square footage of the Premises and Project as set forth in Section 1.A. above shall be recalculated accordingly. It is hereby agreed that as utilized to compute Base Rent, Tenant's pro-rata share of Operating Expenses, and any other sums due hereunder based in whole or in part on the square footage of the Lease Commencement Date (as hereinafter defined)Premises, Tenant’s Proportionate Share shall be equal to 13.99%Building, or the Project.
Appears in 1 contract
Sources: Lease Agreement (Quantech LTD /Mn/)
Premises. Section 2.01. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from LandlordLandlord the leased premises (the “Leased Premises”) as described in Article I.4., hereinabove, which, for the term and all purposes, shall be deemed to consist of that number of square feet stated in Article I.4., above (subject to Tenant’s architect confirming same as hereinafter provided). Landlord covenants that it has full right, power and with authority to enter into this Lease and that Tenant, upon performing all of Tenant’s obligations under this Lease and timely paying all rent, shall peaceably and quietly have, hold and enjoy the benefit of Leased Premises during the termsTerm without hindrance, covenants, conditions and provisions hereof, ejection or molestation by any person lawfully claiming Leased Premises. The Leased Premises are located on part of the Third Floor tract of property described in Exhibit “B”, which is annexed hereto and incorporated by reference herein and made a part of the Basement (the “Premises”), as shown on hereof for all purposes. The land described in Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now it may be reduced or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord increased from time to time for as designated by Landlord, provided any such reduction or increase has no materially adverse effect upon Tenant’s use or quiet enjoyment of the non-exclusive use of tenants Leased Premises nor upon Tenant’s rights or obligations under this Lease) and any existing and future buildings, parking area, truck loading areas, service areas and other occupants improvements now existing or hereafter erected thereon are sometimes herein referred to as the “Commercial Park”. Landlord reserves the right to place in, under, over or through the Leased Premises pipes, wires, lines, and facilities serving other areas of the Building Commercial Park provided Landlord provides Tenant reasonable advance notice in writing, Landlord is solely responsible for all associated costs, and such right is exercised in a manner which does not unreasonably interfere with Tenant’s use or improvements on quiet enjoyment of or the Land (conduct of its business at the “Common Areas”)Leased Premises.
Section 2.02. The Leased Premises shall be constructed in material compliance with the Construction Rider attached hereto and incorporated by reference herein for all purposes.
Section 2.03. In no event shall Landlord convert any portion of determining the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable floor area of the Leased Premises, distances shall be measured from the exterior face of all exterior walls and the center of all partition walls which separate the Leased Premises (25,472 rentable square feet) by from any interior area. Walls separating the total rentable area Leased Premises from a mall and corridor walls shall be deemed to be exterior walls of the Building Leased Premises. Within thirty (182,106 rentable square feet). Landlord and Tenant acknowledge and accept 30) days after the rentable square feet as set forth herein and neither Landlord nor Commencement Date of the Lease, Tenant shall have the right to demand remeasurement or recalculation cause its architect to remeasure the Leased Premises. If such measurement determines that the actual leasable ground floor area of the rentable Premises is greater or less than the leasable ground floor area of the Premises set forth hereinabove, then Landlord and Tenant shall promptly thereafter execute an amendment to this Lease, reflecting the actual square footage of the Leased Premises, and adjusting proportionately the rental obligations of Tenant which are expressed in this Lease as being calculated with reference to the square footage of the Leased Premises. In the event Landlord and Tenant dispute the measurement of the Premises, then Landlord and Tenant shall appoint an independent architect to determine the exact number of square feet with respect contained in the Premises. The parties shall share in the cost of such independent architect. In the event Tenant fails to notify Landlord of its remeasurement within thirty (30) days after the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the BuildingCommencement Date, then Tenant’s Proportionate Share shall it will be recalculated accordingly. It is hereby agreed conclusively deemed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Leased Premises contain 217,869 square feet.
Appears in 1 contract
Sources: Commercial Lease Agreement (Francesca's Holdings CORP)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject upon the covenants hereinafter set forth, approximately 2,000 square feet of ground floor area plus two drive through lanes with canopy ("Premises") in the shopping center, designated as Peachtree Centre, or by such other name as Landlord may, from time to and with time hereafter designate ("Shopping Center"). The Premises are cross-hatched on the benefit site plan of the termsShopping Center, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereofhereof as Exhibit "A". For purposes The exact square footage in the Premises shall be determined by Landlord's architect. Such square footage shall be measured from the mid-line of interior walls and the exterior part of exterior walls, and shall include the totality of the area within such boundaries, including any mezzanines. The certificate of Landlord's architect as to square footage shall be binding upon both parties hereto. In the event the square footage, as determined by Landlord's architect, differs from the square footage set forth above, the Minimum Rent to be paid by Tenant as set forth in Article II shall be adjusted after the exact square footage is determined by multiplying the square footage by the amount(s) per square foot as set forth in Section 2.01 of this Lease, and the property (the “Property”respective Break Point(s) shall mean be adjusted accordingly. Site Plan: Exhibit "A" sets forth the Land planned general layout of the Shopping Center. Landlord does not warrant or represent that the Shopping Center will be or has been constructed exactly as shown thereon or that it will be completed by a specific date. Indeed, in the event that Landlord should elect not to construct the Shopping Center for any reason whatsoever, Landlord may terminate this Lease by written notice to Tenant provided on or before April 30, 2004. In any event, Landlord may change or alter any of the stores, Common Areas (herein defined) or any other aspect of the Shopping Center, or may sell or lease any portions of the Shopping Center all without the consent of or notice to Tenant. This Lease is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations, and all other encumbrances, restrictions and easements affecting the Shopping Center and the terms and provisions of the buildings certain declarations, reciprocal easement and operating agreements now or hereafter located thereon. Tenant shall have, as appurtenant to affecting the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Shopping Center.
Appears in 1 contract
Sources: Lease Agreement (Community Bank Shares of Indiana Inc)
Premises. Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, for the term Term, the Premises. The Premises shall exclude the entry and subject to and with the benefit main lobby of the termsBuilding, covenantsfirst floor elevator lobby, conditions first floor mail room, the common stairways and provisions hereofstairwells, part of the Third Floor elevators and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇elevator ▇▇▇▇▇, ▇▇▇▇▇▇▇boiler room, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses to the extent they house Building equipment, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby and toilets located on such floor. The Tenant acknowledges that, except as more particularly described expressly set forth in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all there have been no representations or warranties made by or on behalf of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant Landlord with respect to the Premises, the non-exclusive right to use, and permit its invitees to use in common Building or the Property or with Landlord and others, the elevators, walkways, driveways and access roads necessary for access respect to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time suitability of any of them for the non-exclusive use of tenants and other occupants conduct of the Building Tenant's business. Tenant acknowledges that, except as expressly set forth in this Lease, it is accepting the Premises in its present "as-is" condition with no expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements on required to prepare the Land (the “Common Areas”)Premises for Tenant's occupancy, except as provided otherwise herein. In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; providedProvided, however, Landlord may create entrances from the First Floor Atrium prior to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this LeaseCommencement Date, Tenant’s proportionate share (“Tenant’s Proportionate Share”) Landlord shall be calculated by dividing responsible, at its sole cost and expense, to (i) complete the total rentable area items designated as Landlord’s responsibility in the Responsibility Matrix set forth in Exhibit E-1; (ii) deliver the base building mechanical systems (HVAC, electrical, life safety, plumbing) and the laboratory systems that service the third (3rd), fourth (4th) and fifth (5th) floors of the Premises (25,472 rentable square feetspecifically the central vacuum, compressed air, RODI and acid neutralization systems) (collectively, the “Laboratory Systems”), and the 600KW emergency generator that currently serves the fifth (5th) floor vivarium, the 500 KW emergency generator that currently serves the 8,753 rsf on the first (1st) floor, and the 600 KW emergency generator that serves the entire building, for which tenant will receive its proportionate share, (the “Emergency Generators”) in good operating condition and repair; (iii) deliver the first (1st) floor Premises in shell condition with exterior windows restored; (iv) decommission the Premises in accordance with the same requirements applicable to Tenant pursuant to Section 11.10, and (v) provide HVAC infrastructure that will accommodate Tenant’s needs for 12-15 air changes per hour for all lab spaces currently located in the Premises. All of Landlord’s obligation in this Section 2.1 shall be referred to collectively as the “Landlord’s Work.” Concurrent with the construction of Tenant’s leasehold improvements, Landlord, at its expense, shall demise and modify the Building’s PH neutralization system so that it serves only the Premises. Landlord shall renovate the main building entrance and lobby. This lobby work shall be completed by the total rentable area end of the Building (182,106 rentable square feet)calendar year 2017. Landlord and Tenant acknowledge and accept the rentable square feet agree to work cooperatively as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation some of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area Landlord’s Work and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%leasehold improvements may occur in a parallel timeframe.
Appears in 1 contract
Premises. Landlord hereby leases rents, leases, lets and demises to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with following described property as illustrated on the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” site plan attached hereto and made part of hereofas EXHIBIT A: approximately 53,006 SQUARE FEET OF OFFICE, in the building ASSEMBLY/ENGINEERING, AND WAREHOUSE SPACE, TOGETHER WITH THE NON-EXCLUSIVE RIGHT OF TENANT, ITS AGENTS, EMPLOYEES, CUSTOMERS, CONTRACTORS, INVITEES AND VISITORS, TO USE THE PARKING AREAS, WALKWAYS, ROADS, DRIVEWAYS, RESTROOMS, HALLWAYS, CORRIDORS AND ALL OTHER PORTIONS OF THE PROPERTY THAT ARE NOT LEASED OR HELD FOR LEASE, (the “Building”"PREMISES") erected on certain land (the “Land”) IN BUILDING B OF THE EDENVALE CROSSING BUSINESS CENTER located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ANAGRAM DRIVE AND VALLEY VIEW ROAD IN EDEN PRAIRIE, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇MINNESOTA, and as more particularly described in Exhibit “A” attached hereto and made a part hereofconsisting of approximately 84,922 square feet ("Building"). For purposes A floor plan of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilitiesa description of improvements, if any, which to be constructed are located on attached hereto as EXHIBITS B AND C. On or before the Land Commencement Date, the number of square feet of rentable area in the leased Premises and designated in the Building shall be determined and certified to Tenant by Landlord the architectural firm that designed the Building. Such certification shall include, but not be limited to, a certification that the rentable area in the leased Premises and in the Building were determined by measuring from time the exterior faces of exterior walls and the mid point of common or demising walls. The costs of such certification shall be paid by Landlord. Following such certification, the Base Rent and Tenant's Pro Rata Share shall be adjusted to time for reflect the non-exclusive use of tenants and other occupants rentable areas of the Premises and Building or improvements on determined and established by such certification, and the Land (the “Common Areas”). In no event parties shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same execute an addendum to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing in the total form of attached EXHIBIT D, which will establish and confirm the rentable area areas of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Base Rent and Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%'s Pro Rata Share.
Appears in 1 contract
Sources: Lease Agreement (Fieldworks Inc)
Premises. Landlord hereby 1.2.1 Lessor leases the Premises to Tenant Lessee for use and Tenant hereby occupancy by the Using Agency and Lessee leases the Premises from LandlordLessor for use and occupancy by the Using Agency.
1.2.2 The building shell, for which includes the term base structure and subject to building enclosure components, shall be designed, constructed, and maintained in accordance with the benefit standards set forth herein and completed prior to acceptance of the termsPremises.
1.2.3 Base structure and building enclosure components shall be complete. All Amenity Areas accessible by the Lessee such as lobbies, covenantsfire egress corridors and stairwells, conditions elevators, garages, and provisions hereofservice areas, shall be complete. Restrooms shall be complete and operational. All newly installed building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC); electrical, ceilings; sprinklers; etc., shall be furnished, installed, and coordinated with TIs. Circulation corridors are provided as part of the Third Floor and base building only on multi- tenanted floors where the corridor is common to more than one tenant. On single-tenant floors, only the fire egress corridor(s) necessary to meet code is provided as part of the Basement (shell.
1.2.4 The Usable Area shall be subject to verification in accordance with the “Premises”)ABOA standards. Lessee shall have the right to use any space within the Premises in excess of the Usable Area without the requirement to pay any additional rent, as shown on Exhibit “B” attached hereto costs, or charges. In the event the actual square footage is less than the Usable Area, then Lessee shall have the right to the following:
a. Reduce the amount of Usable Area and made part pay for the reduced amount of hereofthe Usable Area, which must be memorialized by a fully executed Amendment; or
b. Terminate the Lease without liability for any costs or future rent, if Lessee determines, in its sole judgment, that the building (the “Building”) erected on certain land (the “Land”) located at actual amount of Usable Area provided is insufficient to meet ▇▇▇ ▇▇▇▇’s needs.
1.2.5 Lessor shall lease the number of parking spaces to Lessee as set forth on the Lease Cover Sheet. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described agrees that these parking spaces are included in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary Rental Rate for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of on the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Cover Sheet.
Appears in 1 contract
Sources: Lease Agreement
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord the term and subject Premises. The Premises are to and be improved with the benefit “Landlord’s Work” and “Tenant’s Work” described in the Work Letter Agreement, a copy of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), which is attached hereto as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “BuildingWork Letter Agreement”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described ). Provided that Landlord achieves Substantial Completion of Landlord’s Work in Exhibit “A” attached hereto and made a part hereof. For purposes of accordance with this Lease, Landlord and Tenant hereby stipulate and agree that the property (the “Property”) shall mean the Land and all rentable square footage of the buildings now portion of the Premises within the Building shall be conclusively deemed to equal 106,308 rentable square feet (regardless of actual rentable square footage of the Building), except that if either party elects to measure the Premises using current BOMA standards and the rentable square footage of the Premises proves to be, on the basis of such measurement, other than 106,308, then the Annual Base Rent, the Tenant Improvement Allowance, and Tenant’s Share shall be adjusted appropriately (up or hereafter located thereondown) to reflect the actual number of rentable square feet in the Premises. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for have access to the Premises and the parking areasall Common Areas 24 hours a day, loading areasseven days a week, trash enclosuressubject to closures due to emergency, pedestrian sidewalkscasualty, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”)maintenance. In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same addition to a specific tenant of the Building; provided, howeverLandlord’s Work, Landlord may create entrances from shall make the First Floor Atrium following improvements to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and the cost of making such improvements shall not be charged against the Tenant acknowledge Improvement Allowance or otherwise charged to Tenant):
(1) Qwest telecommunication service at a standard to be agreed among Landlord, Tenant, and accept the rentable square feet as set forth herein and neither Landlord nor Qwest communications, which service standard shall be determined by Tenant shall have the right to demand remeasurement or recalculation be suitable for Tenant’s use of the rentable square feet with respect Premises;
(2) common area improvements as mutually agreed to the Premises or the Building; providedBuilding lobby, howeverhallways, that if the Building is expanded or reconfigured and bathrooms;
(3) audible fire alarm systems necessary to increase its total rentable areameet applicable fire code;
(4) if, or if a material portion but only if, required by City of the Common Areas of the Building are converted into a separately demised area Auburn, new light fixtures required to meet applicable energy code;
(5) parking lot striping and leased surface repairs to a specific tenant of the Buildingfailed asphalt;
(6) updated landscaping, then Tenant’s Proportionate Share shall including new bark;
(7) all mechanical systems, including HVAC, and all electrical systems to be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%in good working order.
Appears in 1 contract
Sources: Office Lease (Zones Inc)
Premises. Landlord does hereby leases rent and lease to Tenant and Tenant does hereby leases rent and lease from LandlordLandlord the Premises located in the Building identified in the Basic Lease Provisions, for the term and subject to and with the benefit situated on a portion of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on real property described in Exhibit “B” A attached hereto and made part of hereof, in allocated to the building Building (the “Building”) erected on certain land (portion of such real property allocable to the Building is hereinafter referred to as the “LandProperty”) , with the balance of such real property allocated to that building located adjacent to the Building at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ [if the Building is located at 1040 Swan Creek Drive] or at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ [if the Building is located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇]), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit A-1 and made a part hereof by reference. Tenant has inspected the Premises and agrees to accept the same “AS IS,” without representation or warranty on the part of Landlord to perform any improvements therein, except with respect to the Premises initially leased under this Lease: (i) Landlord shall, at its cost, cause the roof of the Premises, heating system serving the warehouse portion of the Premises, the water system serving the Premises, the sewer system serving the Premises, Building standard interior lighting in the warehouse portion of the Premises, fire sprinkler system serving the Premises, loading doors for the Premises, loading equipment for the Premises and exterior walls of the Premises, all as existing on the date of this Lease to be in good working order and condition as of the date on which Landlord delivers possession of the Premises to Tenant; (ii) Landlord shall, at its cost, cause electric service provided to the Premises to be separately metered, it being understood and agreed that Tenant shall be responsible for paying for all electric service supplied to the Premises during the Term; and (iii) Landlord shall, at its cost, install twenty-five (25) footcandles metal halide fixtures in an open configuration in the warehouse portion of the Premises (i.e. of that portion of the Premises excluding the office space to be constructed pursuant to Exhibit B attached to this Lease). Landlord represents to Tenant that, to Landlord’s knowledge (as defined below), the Building complies with all currently applicable laws and regulations of governmental authorities having jurisdiction over the Building, including Environmental Laws (as defined in Subsection 11(a)(1) of this Lease). The term “Landlord’s knowledge” as used herein shall mean actual knowledge of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ (“Landlord’s Representative”) and shall not be construed, by invocation or otherwise, to refer to the knowledge of any other person or entity or to impose or have imposed upon Landlord’s Representative any duty to investigate the matters to which such knowledge, or the absence thereof, pertains. Information actually known to Landlord’s Representative excludes information of which Tenant or any of its employees or agents has knowledge or notice prior to the date of this Lease. There shall be no personal liability on the part of Landlord’s Representative arising out of any representation or warranty made in this Agreement. In the event of a breach of Landlord’s forgoing representation, Tenant’s sole remedy for the same shall be to require Landlord to take action to cause the subject matter to comply to the subject applicable laws, at Landlord’s sole cost. In such event, Tenant shall reasonably cooperate with Landlord in order to permit Landlord to perform the subject work. Landlord and as more particularly Tenant agree that the number of square feet described in Exhibit “A” attached hereto Item 2 of the Basic Lease Provisions has been confirmed and made a part hereofconclusively agreed upon by the parties. For purposes No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Subject to the terms of this Lease, Tenant shall have access to the property Premises twenty-four (the “Property”24) shall mean the Land and all of the buildings now or hereafter located thereonhours per day, seven (7) days per week, fifty-two (52) weeks per year. Tenant shall have, as appurtenant to the Premises, have the non-exclusive right to useright, and permit its invitees to use in common with Landlord and othersthe other parties occupying the Building, to use the elevatorsgrounds, walkwayssidewalks, parking areas, driveways and access roads necessary for access to alleys of the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and Property designated by Landlord for the common use of tenants of the Building, subject to such reasonable rules and regulations as Landlord may from time to time for prescribe. Tenant may park only up to the maximum number of automobiles and trucks shown in Item 9 of the Basic Lease Provisions near the Premises during normal business hours on a non-exclusive use of tenants basis. Outside storage, including without limitation, trucks and other occupants vehicles, is prohibited without Landlord’s prior consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Building or improvements on the Land (the “Common Areas”). In no event Property, nor shall Landlord convert Tenant obtain any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same rights to a specific tenant of the Building; providedcommon areas, howeveras designated by Landlord, Landlord may create entrances from the First Floor Atrium other than those rights specifically granted to the South and East Wings of the First Floor Tenant in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the sole right to demand remeasurement or recalculation of control over the use, maintenance, configuration, repair and improvement of the rentable square feet common areas. Landlord may make such changes to the use or configuration of, or improvements comprising, the Building and the Property as Landlord may elect without liability to Tenant, subject only to Tenant’s vehicular parking rights shown in Item 9 of the Basic Lease Provisions and no material interference with Tenant’s business operations in the Building, except to the extent such material interference may not be avoided with respect to the performance of Landlord’s obligations under this Lease or in connection with work performed by Landlord to comply with applicable laws, in which event Landlord shall use its commercially reasonable efforts to minimize interference with Tenant’s business operations in the Premises or during the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion course of Landlord’s performance of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%subject work.
Appears in 1 contract
Premises. A. Landlord does hereby leases lease to Tenant Tenant, and Tenant Tenant, subject to the terms and conditions of this Lease, does hereby leases take from Landlord, for the term and subject those certain premises to and with the benefit of the termsbe built by Landlord to accommodate Tenant, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇ (+/-▇▇▇▇ square feet), county of Bernalillo, state of New Mexico, on the property more particularly described on Exhibit A hereto with non-exclusive right to use the onsite parking ("Parking Lot"), (collectively the Building and Parking Lot are referred to as the "Premises").
B. The lease is made with the understanding that in Year 2 of the School (SY20) “Premises” may expand to include the 6,672 square feet in Suite 102 just adjacent to Suite 101 for a total of +/-14,275 square feet if necessary to accommodate the enrollment of the School. Tenant shall notify landlord of intent to occupy Suite 102 at least six (6) months prior the expiration of Year 1 of the lease for Suite 101. The price per square foot of Suite 102 shall be the same as for Suite 101 plus the cost of improvements per square foot for Suite 102 amortized over five (5) years.
C. This lease is also made with the understanding that should Suite 103 be needed and available for expansion of the School as early as the 2020-2021 school year Landlord shall make available Suite 103 to the School.
D. Landlord shall cause to be built such improvements to Suite 101 as detailed by the plan drawings attached as Exhibit B to this Lease. The cost of these improvements shall be built into the lease rate and amortized over five (5) years. Should Tenant have the available and appropriate funds to do so and should the School choose to pay these improvements off sooner than the five (5) year amortization schedule the School shall be allowed to do so with no penalty.
E. As they become available, Landlord shall deliver to Tenant the specific legal description of the Premises, site plan, specifications and design of the Facilities, and a construction schedule for the Facilities (collectively, the "Plans and Specifications") for approval by the School's Governing Council. Upon approval by ▇▇▇▇▇▇, the specific legal description of the Premises shall be attached to this Lease as an exhibit.
F. During the design and build of the Facilities and prior to approval by the Public School Facilities Authority, the Parties agree to meet on a regular basis and to use good faith efforts to seek consensus on issues related to construction of the Facilities in accordance with the Plans and Specifications. If consensus is not reached after reasonable time for consultation, either Party can request mediation, and both Parties shall attend a mediation conference in good faith. If no resolution is reached after such mediation conference, either Party shall have the right terminate this Lease by written notice to the other Party within thirty (30) days after the date of the mediation conference.
▇. ▇▇▇▇▇▇ shall use the Premises for the following purposes and for no other purposes whatsoever: operation of a public charter school or related general educational or office use. All of the foregoing shall be referred to herein as the "Tenant’s Uses."
H. Neither Landlord nor any agents or employees of Landlord have made any representations or promises with respect to the Premises, except as expressly set forth herein and as set forth in all exhibits and attachments to this Lease and the documents delivered in accordance with the terms of this Lease, including without limitation, the Plans and Specifications, and no rights, privileges, easements or licenses are acquired by Tenant, except as expressly set forth herein. The taking of possession of the Premises by Tenant shall be evidence that the Premises were on such date of possession in good, clean and tenantable condition and that the Tenant accepts the Premises "As Is" except (i) as outlined by ▇▇▇▇▇▇ at the time of such possession, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”ii) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein in the warranties provided by third parties for the Facilities, and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area (iii) for Landlord’s continuing maintenance and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%repair obligations expressly set forth in this Lease.
Appears in 1 contract
Sources: Lease Agreement
Premises. (a) The District leases the Premises from Landlord hereby leases and Landlord demises the Premises to Tenant and Tenant hereby leases from Landlord, the District for the term and subject to upon the conditions and with the benefit covenants set forth in this Lease. The Parties hereby acknowledge that as of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”)Lease Commencement Date this Lease is a sublease, as shown on Exhibit “B” attached hereto and made part of hereof, in Landlord leases the building Land (the “Building”along with additional property) erected on certain land (the “Land”) located at ▇▇▇ ▇from ▇▇▇▇▇ Properties Limited Partnership, a District of Columbia limited partnership (“Ground Lessor”) under that certain Deed of Lease, by and between Ground Lessor and Landlord, dated as of August 21, 2018 (as amended, the “Ground Lease”). As such, references hereunder to “lease”, “landlord” and “tenant” shall be deemed to mean “sublease”, “sublessor” and “subtenant”, respectively, as applicable, unless context dictates otherwise. Landlord shall cause a final measurement of the Premises and of the Building to be taken upon Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements, as set forth in the Work Exhibit. Such final measurements shall be: (i) set forth on the Declaration of Delivery, (ii) determined based on the actual measurement of the Project Architect, (iii) in accordance with the BOMA Measurement Standard, and (iv) subject to approval by the District.
(b) In connection with the Ground Lease, Landlord hereby represents and warrants (and covenants, where applicable) to the District that: (i) as of the Lease Commencement Date and at all times during the Lease Term, Landlord’s execution of, and performance under, this Lease is permitted under the Ground Lease; (ii) any consents that are required to be obtained from any third party to permit Landlord to enter into this Lease have been obtained; (iii) the term of the Ground Lease does not expire until after the expiration of the Lease Term; (iv) during the Lease Term, Landlord shall not (x) terminate the Ground Lease, or (y) cancel or otherwise amend the Ground Lease to shorten its term; and (v) the terms and conditions of the Ground Lease are not incorporated herein. In addition to (and not in lieu of) any other indemnification or remedy set forth in this Lease, Landlord shall and does hereby indemnify, defend, and hold the District harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claim alleging or arising out of a breach of any representation, warranty or covenant set forth in this Section 1.1(b). This Section 1.1(b) shall survive the expiration or early termination of this Lease.
1.2 Landlord hereby grants to the District and its Agents, employees, licensees and invitees the exclusive right to use the Common Areas in the Building (excluding sidewalks, driveways, freight elevators, the passenger elevator(s) serving the Parking Facility and ground floor, the Parking Facility, common entrances, non-private lobbies, the loading dock and internal non-public freight access to the loading dock, all of which the District shall have a non-exclusive right to use), in accordance with the terms of this Lease. The District and its Agents, employees, licensees and invitees shall have access and rights of ingress and egress to the Building, the Premises, the Common Areas, the ▇▇ 167835565v6 PARKING FACILITY and the All Access Additional Area Parking Spaces (as defined in, and subject to the terms of Section 2 hereof) 24-hours each day of the Lease Term (including elevator service).
1.3 Landlord shall deliver the Premises to the District at such time as all of the Landlord’s Base Building Work and the Tenant Improvements are Substantially Complete, as hereinafter provided. Landlord hereby represents, warrants, and covenants that, as of the Rent Commencement Date, the Property and the Building will comply with Laws subject to any “grandfathering” provisions, and that the Premises, including without limitation all HVAC, plumbing, electrical and other mechanical systems, shall be in good working order and condition. Following the Rent Commencement Date, Landlord shall be responsible for complying with all Laws pertaining to the Building, Common Areas, Base Building Conditions, and Building Structures and Systems, including any required changes to the Building (but not the Premises), at Landlord’s sole cost and expense (meaning that such costs and expenses are already included in Annual Rental and shall not be billed as Additional Rent). Following the Rent Commencement Date, Landlord shall cause all such future changes, additions and/or work to the Building, Common Areas, Base Building Conditions or Building Structures and Systems: (i) to the extent commercially reasonable, to be performed after Building Hours, unless such change, addition and/or work (w) does not interfere in any material, adverse manner with the District’s use and enjoyment of the Premises, as determined by the District in the District’s sole but reasonable discretion, (x) resulted from THE ACTS OR OMISSIONS OF THE DISTRICT OR ANY OF THE DISTRICT’S AGENTS, (Y) IS REQUIRED BECAUSE OF AN EMERGENCY OR (Z) INVOLVES THE BUILD-OUT OF ANY PORTION OF THE BUILDING LEASED BY OTHER NON-OFFICE TENANTS; AND (II) if such change, addition and/or work is in the Premises, to be behind walls or above ceilings. Landlord shall: (A) restore the Premises to substantially the same condition and finish as existed immediately prior to any such change, addition and/or work if such change, addition and/or work resulted in any material change to the condition of the Premises not required by Laws; (B) use commercially reasonable efforts to minimize disruption to the District’s operations during any such change, addition and/or work; and (C) ensure that the District has reasonable access to, and ingress and egress from, the Building, the Premises, the Parking Facility and the Additional Parking Areas during any such change, addition and/or work. Notwithstanding the foregoing, Landlord shall not be responsible for any non-compliance of the Premises with Laws that is solely attributable to the District’s use or occupancy of the Premises (including Alterations in and to the Premises by the District) throughout the Lease Term. If the District elects to use the Premises in a way that necessitates changes or additions to the Premises in order to comply with Laws solely due to the District’s specific use or occupancy of the Premises, the District shall either cease such use or be responsible for those changes or additions, subject to the certification of the availability of appropriated funds for such purpose.
1.4 Subject to the terms and conditions of this Lease (including but not limited to Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements), Landlord ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇SHALL DELIVER THE PREMISES TO THE DISTRICT AND THE DISTRICT SHALL ACCEPT THE PREMISES, and as more particularly described in Exhibit BUILDING AND LAND IN ITS “AAS-IS” attached hereto and made a part hereof. For purposes of this LeaseCONDITION, AND IN ACCORDANCE WITH THE TERMS OF THIS LEASE (including without limitation that Landlord shall deliver the property (Premises to the “Property”) shall mean District pursuant to the Land and all terms of the buildings now or hereafter located thereonWork Exhibit). Tenant shall have, as appurtenant The Parties acknowledge that the Premises will initially be occupied by the District of Columbia Department of General Services.
1.5 In addition to the Premises, the non-exclusive right District hereby exclusively leases from Landlord 300 rentable square feet of space in the Parking Facility for an MDF (such space, the “MDF Room”), the location of which shall reasonably be agreed upon by Landlord and the District. The District shall pay an annual rent of Fifteen Dollars ($15.00) per rentable square foot for the MDF Room for the first Lease Year, payable on a monthly basis as Additional Rent, which shall be paid in arrears together with Annual Rental. Commencing on the first day of the second Lease Year and on the first day of each subsequent Lease Year thereafter during the Term, the then current rental rate for the MDF Room shall escalate by an amount equal to use2.75% of the rental rate for the immediately preceding Lease Year. As part of the Tenant Improvements, and permit subject and pursuant to the terms of the Work Exhibit, Landlord shall (i) purchase and install equipment in the MDF Room pursuant to specifications provided by the District (the “MDF Equipment”); (ii) purchase and install a supplemental HVAC unit for the MDF Room pursuant to specifications provided by the District (the “MDF Supplemental HVAC Unit”); and (iii) have the MDF Room separately metered for electricity (the “MDF Sub-Meter”) for the MDF EQUIPMENT AND THE MDF SUPPLEMENTAL HVAC UNIT (THE FOREGOING ITEMS (I) THROUGH (III) BEING, COLLECTIVELY, THE “MDF WORK”). The Parties acknowledge and agree that the MDF Work shall be paid from the Tenant Improvement Allowance pursuant to the terms of this Lease and the Work Exhibit. Landlord shall procure a separate electrical utility account for the MDF Sub-Meter, and shall not be responsible for payments for such separate account. Landlord shall be responsible for the maintenance and repair of the MDF Room, at its invitees own cost, provided that if any defect or damage to use the MDF Room arises from District Negligence the District shall be responsible for the same, pursuant to and in common accordance with Landlord and othersthe terms of Section 9.1 hereof. Subject to Section 15.1, the elevatorsDistrict shall be responsible for the maintenance and repair of the MDF Equipment. Landlord shall be responsible for the maintenance and repair of the MDF Supplemental HVAC Unit pursuant and subject to the terms of Section 9.6 hereof. For the avoidance of doubt, walkways, driveways and access roads necessary for access to the MDF Room shall not constitute a portion of the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants rentable square footage of the Building or improvements on the Land (the “Common Areas”). In no event MDF Room shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area not be included for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenantdetermining Annual Rental or the District’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, shall maintain in effect a policy or policies of fire insurance or shall maintain a self-administered claims program covering the Premises for the term and subject to and with the benefit at least eighty percent (80%) of the termsreplacement value and providing protection against any peril included within the classification "Fire and Extended Coverage". Landlord shall also have the right, covenantsbut not the obligation, conditions to procure and provisions hereofmaintain coverage or maintain a self administered claims program for other periods, part such as earthquake, sprinkler damage, vandalism and malicious mischief, which poses potentially material loss to the Center or the Premises. The proceeds of such policy, policies, or self administered claims program as the Third Floor and part of the Basement (the “Premises”)case may be, as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereonbe payable to Landlord. Tenant shall havepay to Landlord, as appurtenant to the PremisesAdditional Rent, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access Tenant's proportionate share of premiums allocable to the Premises and the parking areaspaid by Landlord hereunder, loading areasor shall pay to landlord, trash enclosuresas Additional Rental, pedestrian sidewalksTenant's proportionate share of an amount equal to landlord's estimated fair market costs not to exceed ISO Manual Rates (Insurance Service Office) for any such risks against which landlord elects to maintain a self-administered claims program, landscaped areasin either such case, recreation areas and other areas and facilities, if any, which are located based on the Land and designated by Landlord from time to time for proportion the non-exclusive use of tenants and other occupants of the Building or improvements on the Land Gross Floor Areas (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor as defined in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”Subsection 5.01.2) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by bears to the total rentable area Gross Floor Area of the Building (182,106 rentable square feet)improvements covered by such insurance or self-administered claims program. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement Tenant's proportionate share of premiums or recalculation of the rentable square feet with respect estimated fair market costs for a self-administered claims program allocable to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of due within ten (10) days after Tenant receives a statement from Landlord setting forth the Lease Commencement Date (as hereinafter defined)amount due hereunder, Tenant’s Proportionate Share shall or, at Landlord's option, said amount may be equal to 13.99%prorated monthly and included with Common Area Costs.
Appears in 1 contract
Premises. (a) Subject to and upon the terms hereinafter set forth, and in consideration of the sum of Ten Dollars ($10.00), the premises, and the mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, Landlord does hereby leases lease and demise to Tenant and Tenant does hereby leases lease and take from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement Landlord those certain premises (hereinafter sometimes called the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, ) in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇(said building together with the Parking Facility [defined below] and all improvements located thereon or specifically related thereto, and hereinafter collectively referred to as the “Building”) on that certain tract or parcel of land more particularly described in Exhibit “A” , attached hereto and made a part hereof. For purposes of this Lease, the property incorporated herein (the “PropertyLand”) shall mean the Land which comprises a portion of a larger tract of land originally containing approximately 83 acres located in DeKalb County, Georgia, more particularly described on Exhibit A-l, attached hereto and all incorporated herein (said tract of the buildings now or hereafter located thereon. Tenant shall haveland described on Exhibit A-l being hereinafter referred to as “Perimeter Summit”), such Premises being more particularly described as appurtenant to the Premises, the non-exclusive right to use, follows: Approximately 141,719 square feet of net rentable area on Floors 1 through 6 and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants Floor 18 of the Building and as generally described or improvements depicted on Exhibit B, attached hereto and incorporated herein. The Premises shall be designated as Suite 100 unless Tenant elects not to lease the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Premises located on Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided1, howeverin which event, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing Tenant shall designate another suite number based on any floor that Tenant leases entirely. On or future tenants. For purposes of this Leasebefore September 1, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor 2003, Tenant shall have the right to demand remeasurement or recalculation reduce the size of the Premises by 6,425 rentable square feet with respect to located on the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant first floor of the Building, then such space being shown on Exhibit B as the Possible Reduction Space. Tenant must provide Landlord written notice of its election to reduce the size of the Premises on or before September 1, 2003 or such right shall terminate. If Tenant elects to reduce the size of the Premises, all other terms and conditions of this lease shall remain the same except that appropriate adjustments shall be made to the Base Rental, Tenant’s Proportionate Share Forecast Additional Rental, Tenant’s Additional Rental, Tenant’s Percentage Share, and the Visitor Parking Credit (all as defined herein). In addition, Tenant shall have the right, but not the obligation, to increase the size of the Premises by adding thereto the following premises located in the Building as follows:
(i) Approximately 2,227 square feet of net rentable area of office space located on the first floor behind the restaurant;
(ii) Approximately 4,720 square feet of net rentable area of storage space located below the elevator lobby; and
(iii) Approximately 1,546 square feet of net rentable area of storage space located near the loading dock. The locations of any or all of such spaces shall be recalculated accordinglyapproved by both Landlord and Tenant. It is If Tenant elects to lease all or any of such space, Tenant shall notify Landlord in writing on or before September 1, 2003, or such right shall terminate. If Tenant elects to lease any or all of such space, then all terms and conditions of this lease shall remain the same except that appropriate adjustments shall be made to the Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental, Tenant’s Percentage Share, and the Visitor Parking Credit. Any space which Tenant elects to add to the Premises, as described above, will be considered part of the Phase II Space (defined below) for all purposes of this lease, including, without limitation the Phase II Rent Commencement Date (defined below).
(b) The term “net rentable area”, as used herein, shall refer to the rentable area of the Premises which has been determined by calculating the usable area of the Premises substantially in accordance with the “Standard Method for Measuring Floor Area in Office Buildings,” published by the Secretariat, Buildings Owners and Managers Association International (ANSI/BOMA Z65-1996), approved June 7, 1996 and applying a fixed “R/U Ratio” factor of 9.5% for single-tenant floors and 15.5% for multi-tenant floors. Unless otherwise specifically designated, all references to square footage or square feet in this lease are to rentable square footage or square feet. The parties hereby agreed acknowledge and agree that the net rentable area of the Premises as of the Lease Commencement Date (as hereinafter defined)defined below) of this lease is 141,719, Tenant’s Proportionate Share shall be equal which determination of net rentable area is final and binding on the parties and not subject to 13.99%dispute or recalculation.
Appears in 1 contract
Sources: Lease Agreement (Homebanc Corp)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases accepts and rents from LandlordLandlord at the rental, for and upon the term terms and subject to and conditions hereinafter set forth, the interior of the Demised Premises as described in Paragraph 1(a), together with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive nonexclusive right to use, and permit its invitees to use the Common Areas (as defined in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises Paragraph 9) and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilitiesnonexclusive right to enjoy the beneficial use of easements or rights-of-way, if any, that benefit the Shopping Center. Within sixty (60) days after Tenant takes possession of the Demised Premises, Tenant may, at Tenant option and expense, have its architect recalculate the Floor Area of the Demised Premises. Tenant shall submit such recalculation to Landlord for Landlord's approval, which are located shall not be unreasonably withheld or delayed, and the Guaranteed Minimum Rent and all additional charges based on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants Floor Area of the Building or improvements on Demised Premises shall be proportionately adjusted to reflect the Land (the “Common Areas”). In no event shall Landlord convert any portion actual Floor Area of the First Demised Premises. The Floor Atrium Area of the Building into a separately demised area for Demised Premises shall be determined by measuring from the purpose exterior surface of leasing exterior walls (and extensions thereof, in the same to a specific tenant case of openings) and from the center line of demising walls, all of which form the perimeter of the Building; providedDemised Premises. Nothing contained in this Lease shall be construed as a grant, however, Landlord may create entrances from rental or conveyance of: (i) any rights in the First Floor Atrium to the South and East Wings roof or exterior of the First Floor in order to provide access to such areas for existing building of which the Demised Premises constitute a part; (ii) the air space (occupied or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”not) shall be calculated by dividing above a horizontal plane coterminous with the total rentable area bottom edge of the Premises (25,472 rentable square feet) by structural steel framework supporting the total rentable area roof of the Building Demised Premises; (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of iii) the Common Areas (except as expressly provided in this Lease); (iv) the air space (occupied or not) below a horizontal plane coterminous with the finished floor level of the Building Demised Premises; or (v) the land upon which the Demised Premises are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%located.
Appears in 1 contract
Sources: Lease Agreement (800 Jr Cigar Inc)
Premises. (a) For and in consideration of the rent hereinafter reserved, payable in lawful money of the United States which shall then be legal tender of all debts, public and private, and the mutual covenants hereinafter contained, Landlord does hereby leases to Tenant lease and demise unto Tenant, and Tenant does hereby leases hire, lease and accept from Landlord, for an area containing approximately [INSERT SQUARE FOOTAGE] square feet (the term "Premises"), located at [ADDRESS] all upon the terms and subject to conditions hereinafter set forth. The Premises is cross-hatched on the site plan attached hereto as Exhibit A and with by this reference made a part hereof. Exhibit A sets forth the benefit general layout of the termsbuilding or buildings (collectively, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (in which the “Land”) Premises is located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇and the location in which the Premises will be situated, and shall not be deemed to be a warranty, representation or agreement on the part of the Landlord that said Building is or will be exactly as more particularly described indicated. Landlord reserves the right to change, increase or reduce the number, composition, dimensions or locations of any parking areas, pylon signs, service areas, walkways, roadways, buildings, (including permanent and temporary kiosks) or other common areas in Exhibit “A” attached hereto its sole discretion and made a part hereof. For purposes may make alterations or additions to existing buildings from time to time.
(b) Except to the extent modified by Landlord's express assumption of construction obligations, if any, expressly provided for in this Lease, the property (the “Property”) shall mean the Land Premises are being leased "as is", and all Landlord makes no warranty of the buildings now any kind, express or hereafter located thereon. Tenant shall haveimplied, as appurtenant with respect to the Premises, .
(c) The “Tenant’s Pro Rata Share” shall be the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, ratio which the elevators, walkways, driveways and access roads necessary for access floor area of the Premises bears to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord sum of all floor area from time to time leased to other tenants in the Building. For any costs or expenses for which Tenant is required to pay the non-exclusive use Tenant’s Pro Rata Share of tenants and other occupants such cost or expense, such Tenant’s Pro Rata Share shall be based on the proportion of the square footage of the Premises to the square footage of the portion of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) served by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement service for which cost or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%expense has been charged.
Appears in 1 contract
Sources: Lease Agreement
Premises. Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined) and any other portion of the Building, the Land, Property and/or the Project. Tenant hereby leases from Landlord(i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of defect in the term Premises and subject to any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the benefit existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the terms, covenants, conditions and provisions hereof, part Premises (but not the HVAC system serving the warehouse portion of the Third Floor and part of the Basement Premises, if any) (the “PremisesHVAC System”), as shown in good operating condition on Exhibit “B” attached hereto the Commencement Date and made part of hereof, Landlord warrants that the HVAC System shall continue to operate in good working order for the building period ending on the date sixty (60) days after the Commencement Date (the “BuildingHVAC Warranty Period”) erected on certain land (), except to the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇extent such failure in the HVAC System to operate in good working order is caused by Tenant’s use or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. If a non-compliance with the foregoing exists as of the Commencement Date, ▇▇▇▇▇▇▇Landlord shall, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and except as more particularly described otherwise provided in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the property nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance within thirty (30) days after the “Property”) Commencement Date, correction of that non-compliance shall mean be the Land obligation of Tenant at Tenant’s sole cost and all expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the buildings now HVAC Warranty Period, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance on or hereafter located thereonbefore the expiration of the HVAC Warranty Period, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, at Landlord’s sole cost and expense, Landlord shall perform the following improvements in the Premises prior to the Commencement Date (collectively, “Landlord Work”): (a) re-floor as floored areas in the office portion of the Premises; (b) repaint all painted walls in the office portion of the Premises; and (c) install LED high bay warehouse lights with motion sensors in the warehouse portion of the Premises. Tenant shall have, as appurtenant to hereby acknowledges that the area of the Premises, the non-exclusive right to useBuilding and the Project set forth in the Basic Lease Information is approximate only, and permit its invitees Tenant accepts and agrees to use be bound by such figures for all purposes in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Premises. Landlord hereby leases Premises to Tenant Tenant, and Tenant hereby leases from Landlord, for and accepts certain Premises located on a Property owned by the term and subject to and Landlord with the benefit a street address of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ , the Demised Premises (the "Demised Premises" or “Premises") herein being approximately: Four thousand three hundred twelve (4,312) square feet one story building on an approximately 0.89 acre parcel of land further identified as Parcel 068KC00215, and as shown on the site plan attached as Exhibit A. ▇▇▇▇▇, ▇▇▇ will perform the remodeling and deliver the Premises in the condition as more particularly described in on Exhibit B attached hereto. The term “AProperty” attached hereto and made a part hereof. For for the purposes of this Lease, shall mean the property entire development, driveways, parking facilities, utilities facilities, and the like as shown on the site plan attached hereto as Exhibit A and incorporated herein by reference, and the Premises are a portion of the Property. All portions of the Property excluding the Premises (the “PropertyBuilding Facilities”) shall mean the Land and at all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant times be subject to the Premises, exclusive control and management of Landlord. Landlord shall have the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for to establish, modify and enforce reasonable rules and regulations with respect to the non-exclusive use of tenants and other occupants of the Building or improvements on Facilities. The Tenant shall have the Land (right, subject to the “Common Areas”). In no event shall Landlord convert any portion terms of this Lease Agreement to the First Floor Atrium use of the Building into a separately demised area for Facilities. In the purpose event of leasing the same to a specific tenant of the Building; provided, howeveran emergency, Landlord may create entrances from shall have the First Floor Atrium right at any and all times to make repairs, changes or additions to the South and East Wings of the First Floor in order Building Facilities. Landlord shall use reasonable efforts to provide access Tenant with as much advance notice as possible in the event of an emergency. In non- emergency situations, upon a minimum of thirty (30) days’ advance written notice to such areas for existing or future tenants. For purposes of this LeaseTenant, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement change the size, area or recalculation arrangement of the rentable square feet parking areas or the lighting thereof, and to enter into agreements with respect adjacent owners for cross-easements for parking, ingress, egress, delivery, and the installation of utility lines, provided that said change will not materially and adversely interfere with Tenant’s business within and access to the Premises Premises. In the event said change or additions disrupt Tenant’s normal operations for more than 48 consecutive hours, then ▇▇▇▇▇▇’s rent shall ▇▇▇▇▇ on every day Tenant is unable to operate in the Building; provided, however, that if Premises. Non-operative vehicles are not permitted at the Building is expanded or reconfigured to increase its total rentable area, or if a material Property. Tenant shall not use any portion of the Common Areas Building Facilities for permanent or temporary storage of inoperative vehicles, without the Building are converted into a separately demised area and leased to a specific tenant prior written consent of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Landlord.
Appears in 1 contract
Sources: Lease Agreement
Premises. (a) Tenant has requested and Landlord hereby leases has agreed to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit an expansion of the termsPremises (collectively, covenants, conditions and provisions hereof, part the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Third Floor Building known as Suite 200, and part (ii) approximately 2,863 rentable square feet known as Suite 30 in the building known as the Receiving Room. A floor plan of the Basement (the “Premises”), as shown on Exhibit “B” Expansion Space is attached hereto and made a part hereof as Exhibit A.
(b) The term of hereofthe Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the "Expansion Commencement Date"), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term "Premises" under the Lease shall include the Expansion Premises, and the term "Building" shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Expansion Space (the "Early Portion") may be occupied by Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined herein) and for such occupancy, Tenant shall pay an equitable portion of the Base Rent based upon the then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in good faith to determine such charges based on the square footage of the Early Portion and the number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the building Landlord's Notice (as defined herein).
(c) Effective upon the “Building”) erected on certain land (Expansion Commencement Date, Tenant's Proportionate Share of the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the A Warehouse Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined)32.32431 percent, Tenant’s Proportionate Share of the Receiving Room / Prizery Building shall be equal to 13.99%8.41119 percent, and Tenant’s Proportionate Share of the Project shall be 22.82741 percent.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined) and any other portion of the Building, the Land, Property and/or the Project. Tenant hereby leases from Landlord(i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of defect in the term Premises and subject to any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the benefit existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the terms, covenants, conditions and provisions hereof, part Premises (but not the HVAC system serving the warehouse portion of the Third Floor and part of the Basement Premises, if any) (the “PremisesHVAC System”), as shown in good operating condition on Exhibit “B” attached hereto the Commencement Date and made part of hereof, Landlord warrants that the HVAC System shall continue to operate in good working order for the building period ending on the date sixty (60) days after the Commencement Date (the “BuildingHVAC Warranty Period”) erected on certain land (), except to the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇extent such failure in the HVAC System to operate in good working order is caused by Tenant’s use or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. If a non-compliance with the foregoing exists as of the Commencement Date, ▇▇▇▇▇▇▇Landlord shall, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and except as more particularly described otherwise provided in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the property nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance within thirty (30) days after the “Property”) Commencement Date, correction of that non-compliance shall mean be the Land obligation of Tenant at Tenant’s sole cost and all expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the buildings now HVAC Warranty Period, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance on or hereafter located thereonbefore the expiration of the HVAC Warranty Period, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, at Landlord’s sole cost and expense, Landlord shall perform the following improvements in the Premises prior to the Commencement Date (collectively, “Landlord Work”): (a) re-floor as floored areas in the office portion of the Premises; (b) repaint all painted walls in the office portion of the Premises; and (c) install LED high bay warehouse lights with motion sensors in the warehouse portion of the Premises. Tenant shall have, as appurtenant to hereby acknowledges that the area of the Premises, the non-exclusive right to useBuilding and the Project set forth in the Basic Lease Information is approximate only, and permit its invitees Tenant accepts and agrees to use be bound by such figures for all purposes in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Premises. Landlord Subject to the provisions of this Lease, Port hereby leases to Tenant Tenant, and Tenant hereby leases from LandlordPort, for the term Premises in the Facility identified in the Basic Lease Information. The Premises has the address and subject to contains the square footage specified in the Basic Lease Information. The location and with the benefit dimensions of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown Premises are depicted on Exhibit “B” A attached hereto and made part of hereof, in the building incorporated herein by reference (the “Building”"Premises"). Port and Tenant agree and acknowledge that any statement of rentable or usable (if applicable) erected on certain land (square footage set forth in this Lease is an approximation which Port and Tenant agree is reasonable and that the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all usable square footage of the buildings now Premises may be less than the rentable square footage of the Premises. Port and Tenant further agree and acknowledge that the rentable square footage of the Premises shall be used at all times to calculate the Base Rent due and payable by Tenant under this Lease and neither the Base Rent nor any other economic term based on rentable square footage shall be subject to revision whether or hereafter located thereonnot the actual rentable or usable square footage is more or less. Tenant shall have, as appurtenant to the Premises, have the non-exclusive right to use, and permit its invitees to use in common together with Landlord and othersother tenants, the elevators, walkways, driveways and access roads necessary for access Common Areas. All of the Common Areas shall at all times be subject to the Premises exclusive control, regulation, and management of Port. Port shall have the parking areasright to construct, loading areasmaintain, trash enclosuresand operate lighting facilities on all Common Areas; to patrol all Common Areas; to temporarily close any Common Areas for maintenance, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord repairs or alterations; from time to time for to change the non-exclusive area, level, location and arrangement of Common Area facilities; to use the Common Areas and restrict access and use of tenants the same during the maintenance, repair, construction or reconstruction of buildings, additions or improvements; to erect buildings, additions and other occupants of the Building or improvements on the Land Common Areas from time to time; and to restrict parking by tenants, their Agents and Invitees. Port may operate and maintain the Common Areas and perform such other acts and make such other changes at any time and from time to time in the size, shape, location, number and extent of the Common Areas or any of them as Port in its sole discretion shall determine, provided, however, that no exercise by Port of its rights hereunder shall unreasonably restrict access to the Premises. Port shall have the full right and authority to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the Common Areas and Common Area facilities. Tenant shall not be entitled to any abatement or diminution of Rent with respect to any of the foregoing actions taken by Port. In the event Tenant (including, its Agents, Invitees, successors and assigns) uses or occupies space outside the Premises without the prior written consent of Port (the “Common Areas”"Encroachment Area"), then upon written notice from Port ("Notice to Vacate"), Tenant shall immediately vacate such Encroachment Area and pay as Additional Rent for each day Tenant used, occupied, uses or occupies such Encroachment Area, an amount equal to the rentable square footage of the Encroachment Area, multiplied by the higher of the (a) highest rental rate then approved by the San Francisco Port Commission for the Premises or the Facility, or (b) then current fair market rent for such Encroachment Area, as reasonably determined by Port (the "Encroachment Area Charge"). If Tenant uses or occupies such Encroachment Area for a fractional month, then the Encroachment Area Charge for such period shall be prorated based on a thirty (30) day month. In no event shall Landlord convert acceptance by Port of the Encroachment Area Charge be deemed a consent by Port to the use or occupancy of the Encroachment Area by Tenant, its Agents, Invitees, successors or assigns, or a waiver (or be deemed as waiver) by Port of any and all other rights and remedies of Port under this Lease (including Tenant's obligation to indemnify, defend and hold Port harmless as set forth in the last paragraph of this Section 3.1), at law or in equity. In addition to the foregoing amount, Tenant shall pay to Port, as Additional Rent, an amount equaling Two Hundred Dollars ($200.00) upon delivery of the initial Notice to Vacate plus the actual cost associated with a survey of the Encroachment Area. In the event Port determines during subsequent inspection(s) that Tenant has failed to vacate the Encroachment Area, then Tenant shall pay to Port, as Additional Rent, an amount equaling Three Hundred Dollars ($300.00) for each additional Notice to Vacate, if applicable, delivered by Port to Tenant following each inspection. The parties agree that the charges associated with each inspection of the Encroachment Area, delivery of each Notice to Vacate and survey of the Encroachment Area represent a fair and reasonable estimate of the administrative cost and expense which Port will incur by reason of Port's inspection of the Premises, issuance of each Notice to Vacate and survey of the Encroachment Area. Tenant's failure to comply with the applicable Notice to Vacate and Port's right to impose the foregoing charges shall be in addition to and not in lieu of any and all other rights and remedies of Port under this Lease, at law or in equity. The amounts set forth in this Section 3.1 shall be due within three (3) business days following the applicable Notice to Vacate and/or separate invoice relating to the actual cost associated with a survey of the Encroachment Area. In addition to the rights and remedies of Port as set forth in the immediately foregoing two paragraphs of this Section 3.1, the terms and conditions of the indemnity and exculpation provision set forth in Section 19 below shall also apply to Tenant's (including, its Agents, Invitees, successors and assigns) use and occupancy of the Encroachment Area as if the Premises originally included the Encroachment Area, and Tenant shall additionally indemnify, defend and hold Port harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Encroachment Area including, without limitation, any loss or liability resulting from any Claims against Port made by any tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the First Floor Atrium Encroachment Area to any such tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. By placing their initials below, each party specifically confirms the accuracy of the Building into a separately demised area for statements made in this Section 3.1 and the purpose of leasing the same to a specific tenant reasonableness of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings amount of the First Floor charges described in order to provide access to such areas for existing or future tenantsthis Section 3.1. For purposes of this Lease, Initials: Port Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease Agreement
Premises. Subject to the terms and conditions hereof (including, without limitation Section 2.3 below), Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, the Premises, together with the non-exclusive rights, privileges, benefits, rights-of-way and easements now or hereafter, appurtenant or belonging thereto, whether arising under any private or public grant or authority, including, without limitation, the direct right of ingress to and egress from the Premises and the streets shown on the Site Plan through the entrances shown on the Site Plan (subject in each case to Landlord’s rights pursuant to Section 2.2 to modify the configuration of the Center), and an irrevocable right and non-exclusive easement for Tenant, its employees, patrons and invitees to use the term and Common Areas (including the Parking Areas), for their intended purposes throughout the Term, subject to and with the benefit terms hereof.
(a) If the legal description of the terms, covenants, conditions and provisions hereof, part Demised Land (Exhibit B-1) is not attached hereto as of the Third Floor Effective Date, then Landlord shall prepare same for Tenant’s review and part of the Basement (the “Premises”)approval pursuant to Section 2.3 below and, as shown on Exhibit “B” attached hereto and made part of hereofupon approval by Tenant, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” such legal description shall be attached hereto and made a part hereof. For hereof as Exhibit B-1 with the same force and effect as if attached hereto prior to the execution of this Lease.
(b) Further, notwithstanding anything to the contrary contained herein, for purposes of Tenant’s obligations under this Lease, the property Premises shall be deemed not to include any land (the “Property”whether or not depicted on Exhibit A or described on Exhibit B-1 attached hereto) shall mean the Land or facilities (including landscaping and all hardscape features) that are located outside of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the exterior “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area footprint” of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the subject to Tenant’s right to demand remeasurement or recalculation of the rentable square feet with respect make alterations to the Premises or Building in accordance herewith), other than the Building; providedcanopies, however, building lighting and signage that if the Building is expanded or reconfigured are attached to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share which land and facilities shall be recalculated accordinglydeemed to be “Common Areas” hereunder (such that Landlord, not Tenant shall be responsible for the maintenance and repair of such land and facilities). It In addition, if the Demised Land has not been subdivided as a separate lot at the time the legal description thereof is hereby agreed that set forth on Exhibit B-1, then at such time as the Demised Land is subdivided as a separate lot, the Parties will amend Exhibit B-1 to reflect the legal description of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal Demised Land by reference to 13.99%its subdivided number on a recorded plat.
Appears in 1 contract
Premises. Section 2.1. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) Leased Premises located at ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇Texas as shown and set forth on Exhibit “A”, which is annexed hereto and as more particularly incorporated by reference herein and made part hereof for all purposes, such building to be constructed or being constructed on a portion of the tract of property described in Exhibit “A-l” attached hereto (and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord any additional land from time to time for the non-exclusive use designated by Landlord), which tract of tenants property (and any additional land from time to time designated by Landlord) and any existing and future buildings, parking area, sidewalks, service area and other occupants improvements now existing or hereafter erected thereon are sometimes herein referred to as the “Center”. The Center parking arrangement and number of spaces, positioning of Center on subject property, location and number of driveways, and location of Tenant in the Center are subject to change without notice. Landlord reserves the right to place in, under, over or through the Leased Premises pipes, wires, lines and facilities serving other areas of the Building or improvements on Center provided such right is exercised in a manner which does not unreasonably interfere with Tenant’s conduct of its business at the Land (the “Common Areas”)Leased Premises.
Section 2.2. In no event shall Landlord convert any portion of determining the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable floor area of the Leased Premises, distances shall be measured from the exterior face of all exterior walls and the center of all partition walls which separate the Leased Premises (25,472 rentable square feet) by from any interior area. Walls separating the total rentable Leased Premises from a mall and corridor walls shall be deemed to be exterior walls of the Leased Premises.
Section 2.3. Landlord reserves the right to re-measure the Leased Premises to determine the gross leasable area of the Building (182,106 rentable square feet)Leased Premises. In the event the re-measurement discloses that the actual gross leasable area of the Leased Premises as set forth in the Article I Section 4 is incorrect, Landlord and Tenant acknowledge shall execute an amendment to the Lease (i) reflecting the actual gross leasable area of the Leased Premises, (ii) adjusting the Minimum Rent and accept Additional Charges based on the rentable new square feet as set forth herein footage and neither (iii) adjusting the Extension Term(s) Rent and all other charges accruing under the Lease which are based on the actual gross leasable area of the Leased Premises. In the event of an adjustment, Tenant will pay any excess Minimum Rent and Additional Charges owed to Landlord nor within fifteen (15) days after receipt of a statement, or Tenant shall take a credit for any overpayment against the next Minimum Rent and Additional Charges payments due.
Section 2.4. In addition, Tenant shall have the exclusive right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, use and occupy that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area Center specified in Exhibit C, attached hereto and leased incorporated herein by reference, hereinafter referred to a specific tenant of the Buildingas “Additional Area”, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.and accepts same in its
Appears in 1 contract
Premises. 3.1 Subject to the terms, covenants and conditions set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases hires from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement Landlord those premises (the “Premises”), as "PREMISES") shown on Exhibit “B” the site plan attached hereto and made part of hereof, in as Exhibit A which Premises are located within the building (the “Building”"BUILDING") erected shown on certain land (Exhibit A and identified in Article 1. The Premises include the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all entire interior of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, Building and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access certain references to the Premises and the Building may be used interchangeably. The areas adjacent to the Building specified in Exhibit A for landscaping and parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants the Premises are herein called the "BUILDING COMMON AREA". The approximate total Rentable Area of the Building or improvements on is specified in Article 1. Landlord is the Land Ground Lessor and Lockheed Mart▇▇ ("▇ROUND LESSEE") is the 8 current ground lessee under a certain ground lease dated as of March 1, 1962 (as amended, the "GROUND LEASE" which Ground Lease covers certain real property (the “"GROUND LEASE PROPERTY") including the Building and the Building Common Areas”)Area and the adjacent land and building occupied by the Ground Lessee. In no event shall Prior to the Commencement Date, Landlord convert any will have subleased a portion of the First Floor Atrium land from the Ground Lessee for the remainder of the Building into a separately demised area for the purpose of leasing the same to a specific tenant term of the Building; provided, however, Landlord may create entrances Ground Lease. After the expiration of the term of the Ground Lease the entire Ground Lease Property will revert to Landlord. The portion of the land subleased from the First Floor Atrium to the South and East Wings of the First Floor Ground Lessee will be outlined in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor attached Exhibit A.
3.2 Tenant shall have the right to demand remeasurement or recalculation the exclusive use of the rentable square feet with respect to number of parking spaces specified in Article 1, and located as designated on attached Exhibit A. Tenant shall have nonexclusive ingress and egress over the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion driveways of the Common Areas Ground Lease Property specifically designated for access on attached Exhibit A.
3.3 Exhibit A shall not be modified except (i) if required by the City of Palo Alto Architectural Review Board (the Building are converted into a separately demised area and leased to a specific tenant of the Building"ARB"), then Tenant’s Proportionate Share in which case any required modification shall be recalculated accordingly. It is hereby made; or (ii) if mutually agreed that as of the Lease Commencement Date (as hereinafter defined), by Landlord and Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease (Incyte Pharmaceuticals Inc)
Premises. Landlord hereby leases to Tenant The Premises demised by this Lease is located in that certain building (the "Building") specified in the Basic Lease Information, which Building is located in that certain real estate development (the "Project") specified in the Basic Lease Information. The Premises has the address and Tenant hereby leases from Landlord, for contains the term square footage specified in the Basic Lease Information. The location and subject to and with the benefit dimensions of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown Premises are depicted on Exhibit “B” A, which is attached hereto and made part incorporated herein by this reference. Tenant shall have the non-exclusive right (in common with the other tenants, Landlord and any other person granted use by Landlord) to use the Common Areas (as hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use the number of hereof, non-exclusive and undesignated parking spaces set forth in the building Basic Lease Information in the Project's parking areas (the “Building”"Parking Areas"); provided, however, that Landlord shall not be required to enforce Tenant's right to use such parking spaces; and, provided further, that the number of parking spaces allocated to Tenant hereunder shall be reduced on a proportionate basis in the event any of the parking spaces in the Parking Areas are taken or otherwise eliminated as a result of any Condemnation (as hereinafter defined) erected on certain land or casualty event affecting such Parking Areas. Tenant acknowledges that the overuse by Tenant or Tenant's Agents of the number of parking spaces allocated to Tenant hereunder shall constitute a breach of this Lease by Tenant and, without limiting Landlord's rights and remedies hereunder as a result of such breach, Landlord shall have the right to assess a parking surcharge of one hundred dollars ($100.00) per day per vehicle for each vehicle parked in the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and Parking Areas by Tenant or Tenant's Agents in excess of the number of parking spaces allocated to Tenant hereunder as more particularly described specified in Exhibit “A” attached hereto and made a part hereofthe Basic Lease Information. No easement for light or air is incorporated in the Premises. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%.term "
Appears in 1 contract
Premises. Landlord Lessor hereby leases to Tenant Lessee, and Tenant hereby Lessee leases from LandlordLessor, for the term term, at the rental and subject upon all the conditions set forth herein, that certain real property situated in the County of Maricopa, State of Arizona, commonly known as ABCO/43RD AVE. DISTRIBUTION BLDG, PH II, Phoenix, Arizona, and described as an approximate 171,187 square feet of to be constructed multi-tenant industrial space, together with certain improvements to be constructed therein at Lessor's sole cost and with the benefit of the termsexpense, covenants, conditions (see Exhibits "A" through "E" attached hereto). Office improvements are to be constructed by Lessor at its sole cost and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”)expense, as shown on Exhibit “"B” " attached hereto hereto. The building tenant improvements and made part of hereofthe parking lot improvements are hereinafter collectively referred to as "Tenant Improvements." Lessor hereby agrees to use its best efforts to complete the premises for Tenant fixturization by July 15, in the 1990. The building (the “Building”) erected on certain land (the “Land”) is located at ▇▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇(see Exhibit "C" for legal description), hereinafter referred to as the "Real Property". The building shall be in conformity with plans and specifications that have been, or will be, approved jointly by Lessor and by Lessee. Lessee shall have designated and/or defined exclusive use of specific parking facilities on the Real Property, as more particularly reflected on Exhibit "D". The square footage of the building space being leased under the terms hereof, is approximately 81,514 square feet. Any improvements to the Premises, in addition to the Tenant Improvements described in Exhibit “A” attached hereto and made a part hereof. For purposes above, which may be desired by Lessee from time to time during the Term of this Lease, the property (the “Property”) as may be extended, shall mean the Land and all of the buildings now be constructed or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to useinstalled by Lessor if requested by Lessee, and permit its invitees provided that Lessor agrees to use do so. In the event Lessor agrees to construct or install such improvements, all costs of such construction and/or installation shall be paid by Lessee to Lessor at such times, and in common with Landlord such amounts as may be reasonably agreed to by Lessor and othersLessee. Such real property, the elevatorsincluding land and improvements, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if anyas above described, which are located on hereafter called "the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Premises".
Appears in 1 contract
Sources: Lease (Schein Pharmaceutical Inc)
Premises. 2.1 Tenant leases the Premises from Landlord hereby leases upon the terms herein.
2.2 If any space on full floors contiguous to the Premises or premises on floors contiguous to the Premises of the Building (“Expansion Space”) becomes available during the Lease Term and provided at least three (3) years remain in the Lease Term (or, if at least three (3) years do not remain, Tenant exercises its rights under Section 3.5 below, to renew the Lease Term so that at least three (3) years remain in the Lease Term), then at such time as Landlord elects, Landlord shall notify Tenant in writing of the availability of any Expansion Space and provide Tenant with reasonable information pertaining thereto. The Lease Term for the Expansion Space shall in all events be coterminous with the Lease Term for the entire Premises. Tenant shall have a period of ten (10) days thereafter to give Landlord written notice that Tenant is interested in leasing such Expansion Space. If Tenant gives such notice, then for a period of ten (10) days thereafter Tenant and Landlord shall negotiate in good faith regarding the terms and conditions pursuant to which Tenant hereby leases from Landlordmay lease such Expansion Space. The rental shall be the prevailing market rent (including all concessions such as rental abatement, construction allowances and commissions) for comparable tenants in comparable buildings in the Rockville, Maryland submarket. If during such period the parties agree in writing on such terms and conditions for the term Expansion Space, then they shall promptly execute an amendment to this Lease reflecting such terms and subject conditions. If during such period the parties do not for any reason whatsoever agree in writing upon such market rent, then within five (5) business days thereafter the parties shall each appoint a real estate broker who shall be licensed in the State of Maryland and who specializes in the field of commercial office space * Exhibit A — Floor Plan and Exhibit B — Schedule 1 have not been filed with this agreement. Pursuant to Item 601(b)(2) of Regulation S-K, such documents are immaterial to an investment decision. A copy of any of these omitted documents will be furnished to the Commission by Telvent upon the Commission’s request. leasing in the Rockville market, has at least ten (10) years of experience and with is recognized within the benefit field as being reputable and ethical. Such two individuals shall each determine within ten (10) days after their appointment such market rent. If such individuals are unable to agree on such market rent by the expiration of such ten (10)-day period, then the two individual brokers shall, within five (5) business days thereafter, render separate written reports of their determinations and together appoint a third similarly qualified broker. If Tenant’s broker and Landlord’s broker cannot agree upon a third broker, the third broker shall be selected by the Chief Judge of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇Circuit Court for ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇County, Maryland. The third broker shall within ten (10) days after his or her appointment make a determination of market rent. The market rent shall be equal to that determination of market rent made by either Tenant’s broker or Landlord’s broker who is closer to the third broker and as more particularly described in Exhibit “A” attached hereto shall be final and made a part hereofconclusive. For purposes The parties shall each pay the costs and expenses of this Lease, their respective broker and shall split evenly the property (the “Property”) shall mean the Land costs and all expenses of the buildings now or hereafter located thereonthird broker. Tenant shall have, not have any right with respect to any Expansion Space unleased as appurtenant of the date hereof until such space has been leased to a tenant other than Tenant. Tenant’s rights to any Expansion Space are subject to the Premises, rights of other tenants pursuant to rights contained in such leases or pursuant to the non-exclusive right to use, and permit its invitees to use in common with mutual agreement of Landlord and othersthe applicable tenant. If an uncured Event of Default (i.e., a breach which has not been cured after any require notice has been given and within the elevators, walkways, driveways and access roads necessary for access applicable grace period specified in Section 19.1) exists on the date written notice is given to Tenant by Landlord or at any time thereafter prior to the Premises and date the parking areasExpansion Space is occupied by Tenant, loading areasthen, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Leaseat Landlord’s written election, Tenant’s proportionate share (“Tenant’s Proportionate Share”) rights with regard to that particular Expansion Space shall be calculated by dividing of no further force or effect. If at any time fifty percent (50%) or more of the total square feet of rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right has been subleased or assigned other than pursuant to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the BuildingSection 7.6 below, then Tenantat Landlord’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined)written election, Tenant’s Proportionate Share rights pursuant to this Section shall be equal to 13.99%of no further force or effect.
Appears in 1 contract
Sources: Lease (Telvent Git S A)
Premises. (a) Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit provisions of the termsthis Lease, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement certain premises as more fully described in Section 3.1 below (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the ) located within that certain building (the “Building”) erected on certain land (owned by Landlord and which is a portion of the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described Project” identified in Exhibit “A” Section 1.1(g). The Site Plan for the Project attached hereto as Exhibit A is attached for location reference purposes only and made shall not constitute a part hereofrepresentation or warranty by Landlord to be the final plan of the Project, or to require Landlord to build any improvements, or to otherwise comply with the site plan or require Landlord to lease space to a particular tenant or type of tenant.
(b) The rentable areas of the Premises and of the Building specified in Section 1.1 are approximate. For purposes Landlord and Tenant are satisfied with such approximations and with the measurement of the rentable areas of the Building and such measurements shall not be changed during the term of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereonas may be extended. Tenant shall haveacknowledges that, except as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use otherwise expressly set forth in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement any agent, property manager or recalculation broker of the rentable square feet Landlord has made any representation or warranty with respect to the Premises Building or the Common Areas or their suitability for the conduct of Tenant’s business, and that except only for any improvements that Landlord has expressly agreed herein to construct and install, the Premises is leased in its “As-Is” condition existing at the time of execution of this Lease; provided that nothing contained herein shall be deemed to diminish Landlord’s repair and maintenance obligations expressly set forth in this Lease.
(c) Landlord represents and warrants that: (i) the Building; provided, howeverwhen built, was built in compliance with all applicable laws, (ii) Landlord has not received written notice from any governmental agency that if the Building is expanded or reconfigured to increase its total rentable areanot in compliance with any applicable law for which such non-compliance has not been cured, or if a material portion and (iii) Tenant’s use of the Common Areas Premises for the permitted use allowed by this Lease will not constitute a violation of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date CC&Rs (as hereinafter defineddefined below), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease Agreement (Planar Systems Inc)
Premises. (a) Landlord does hereby leases to demise, lease and let unto Tenant and Tenant does hereby leases take and lease from LandlordLandlord the Property, for the term Infrastructure Improvements (as defined in the LDA), and subject all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the Property, including, without limitation, an easement on Olympia Drive. The Property, the easement on Olympia Drive, all other easements and appurtenances referred to above, the Infrastructure Improvements, the Initial Improvements (defined in Section 5.2), and with all other improvements now or hereafter constructed on the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (Property are hereinafter referred to collectively as the “Premises”), as shown on Exhibit “B.” attached hereto and made part of hereof, Notwithstanding anything to the contrary contained in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property use of that portion of the Premises designated Parcel 2 as defined above, containing 7.21 acres more or less, shall not change from its previous use as open space, passive outdoor recreation or conservation land during the term hereof, which shall include the stormwater management system, including any fencing, berm and other features related thereto as permitted in Section 6.1 below.
(b) Except as set forth in this Lease, Landlord shall be responsible for: (i) the maintenance of Olympia Drive, its sidewalks and right of way (collectively “PropertyOlympia Drive”) shall mean in the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to usesame manner in which Landlord maintains other public ways, and permit its invitees to use in common with Landlord and othersfor so long as Olympia Drive is a public way; (ii) clearing brush, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas limbs and other areas and facilities, if any, which are located on obstructions from the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In Nature Paths as defined in Section 1A above; in no event shall Landlord convert any portion be required to remove snow or ice from the Nature Paths; and (iii) the maintenance of the First Floor Atrium trailhead parking area on Parcel 1 shown as the “Existing Gravel Parking Area” at the western edge of the Building into a separately demised Property and the western terminus of the path shown on the Site Layout sheet of the Approved Plans as leading from the trailhead parking area to the immediate crosswalk (the “Trailhead Parking Area”). Tenant shall be responsible for the purpose maintenance of leasing the same to a specific tenant of the Building; providedParcel 2 (except that Landlord shall be responsible for clearing brush, however, Landlord may create entrances limbs and other obstructions from the First Floor Atrium Nature Paths thereon), it being acknowledged that Parcel 2 is largely a natural area to be used for open space, conservation, and/or passive recreation, subject to the South and East Wings provisions of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Section 7.1 herein.
Appears in 1 contract
Sources: Ground Lease
Premises. 1.1 Landlord hereby leases to Tenant the premises described in the Basic Lease Terms and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement in Exhibit “A-1” (the “Premises”), which is a part of a project consisting of twelve (12) buildings designated as shown buildings 1 through 12 (including the Building), together with use of the land on which such buildings are located, including the driveways, parking facilities, loading dock areas, roadways and all other improvements and easements associated with the foregoing or the operation thereof as depicted on Exhibit “BA-1” attached hereto and made part of hereof, in the building (the “BuildingProject”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof). For purposes of this Lease, the property terms “Premises” and “Building” shall have the same meaning and may be used interchangeably. Tenant acknowledges that access to the side and rear areas outside the Building shall be via an electronic security gate that is shared with two other tenants of the Project, and Landlord shall provide cards for Tenant’s employees to operate the gate. Upon full execution of this Lease and delivery by Tenant to Landlord of the Prepaid Rent set forth in the Basic Lease Terms, the Security Deposit and evidence of insurance required under this Lease, Tenant may occupy the Premises prior to the Term Commencement Date (the “PropertyEarly Occupancy Period”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For sole purposes of this Lease, installing the Desired Improvements (as defined in Section 12 below) and Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord furniture, fixtures and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Buildingequipment; provided, however, that if access to, and use and occupancy of, the Building is expanded or reconfigured Premises by Tenant prior to increase its total rentable area, or if a material portion the Term Commencement Date shall be subject to all of the Common Areas provisions of this Lease other than payment of r▇▇▇.▇▇ entry on the Premises, Tenant acknowledges that it has examined the Premises and accepts the Premises in their present, as-is condition subject only to the following: On the Term Commencement Date, Landlord shall deliver to Tenant possession of the Building are converted into entire Premises vacant, broom-clean and free and clear of all tenants and occupants, and Landlord shall remedy, at Landlord’s sole cost and expense, any failure of (i) the electrical, plumbing and/or lighting systems serving the Premises, (ii) the heating, ventilating and air conditioning system servicing the office area of the Premises, and/or (iii) roof or the loading doors in the Premises to be in good working order, condition and repair, so long as (a) such failure is not the result of any acts or omissions of Tenant or any of its employees, agents, contractors or representatives (including, without limitation, any Alterations of the Premises by or on behalf of Tenant, including, without limitation, the Desired Improvements), provided that such failure shall not be considered to be the result of any acts or omissions of Tenant to the extent it is merely discovered by Tenant absent misuse or alteration of the item in question, and (b) Tenant, acting reasonably and in good faith, specifically identifies and describes such failure in a separately demised area written notice together with reasonable supporting documentation delivered to Landlord within forty-five (45) days after the Term Commencement Date of this Lease (the “Warranty Period”), it being understood that, except for any items so identified and leased to a specific tenant of described by Tenant during the Warranty Period, the Building, then Tenant’s Proportionate Share the Premises and all such systems shall be recalculated accordinglyconclusively deemed to have been delivered in compliance with all applicable Laws and in good working order, condition and repair. It is hereby agreed that as of In addition, Landlord intends to replace the Lease roof membrane on the Building prior to the Term Commencement Date (as hereinafter defined), Tenantat Landlord’s Proportionate Share shall be equal to 13.99%sole cost and expense.
Appears in 1 contract
Sources: Industrial Lease (MusclePharm Corp)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit Landlord all that tract of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇ and as more particularly fully described by metes and bounds in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “PropertyLot”) shall mean and outlined in red on Exhibit “A” hereto, together with the Land building (“BUILDING”) and all improvements to be built thereon pursuant to Section 28, including by way of the buildings now or hereafter located thereon. Tenant shall haveexample, as appurtenant to the Premisesnot limitation, the non-exclusive right to uselawns, ingress and permit its invitees to use in common with Landlord and othersegress roads, the elevatorsparking lots, walkwaysparkways, driveways and access roads necessary for access to the Premises and the parking drives, green spaces, parks, driveway areas, sidewalks, drainage facilities, loading areas, trash enclosuresand landscaped areas (the Lot, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or and any other improvements on the Land (thereon, collectively, the “Common AreasPREMISES”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge currently estimate the Building’s rentable square footage to be 80,000. At Landlord’s cost, within 30 days of Substantial Completion (defined below), Landlord shall cause its architect to measure the actual dimensions of the Building and accept to determine the rentable square feet as set forth herein footage of the Building in accordance with BOMA Measurement Standard ANSI Z65.1-1996 (the “Measurement Standard”). Such determination shall be subject to review and neither Landlord nor Tenant shall have approval by Tenant, such approval not to be unreasonably withheld, conditioned or delayed. In the right to demand remeasurement or recalculation of event the rentable square feet footage calculated in accordance with respect the Measurement Standard differs from the rentable square footage set forth in subsection l(b), the rentable square footage shall be modified by amendment to this Lease and the Minimum Rent shall be modified accordingly pursuant to the Premises or same amendment based upon the Building; provided, however, that if the Building is expanded or reconfigured to increase its total per rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date square foot Minimum Rent (as hereinafter defined$14.86), Tenant’s Proportionate Share shall be equal to 13.99%.
Appears in 1 contract
Sources: Lease Agreement (Realogy Corp)
Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, those certain premises situated in the County of Santa ▇▇▇▇▇, State of California, consisting of a newly constructed two story commercial building (the “"Building”") erected on certain land and the paved parking area surrounding the Building (the “Land”"Parking Area") consisting of not less than three and nine-tenths (3.9) parking spaces per one thousand (1,000) square feet of Premises Gross Leasable Area (the "Minimum Parking") to be constructed by Landlord in accordance with the terms of this Lease and the Improvement Agreement attached to this Lease as Exhibit H (the "Improvement Agreement"). The Building and the Parking Lot are to be constructed on the real property located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Avenue, ▇▇▇▇▇▇▇Mountain View, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇California (the "Real Property"). A legal description of the Real Property is set forth in Exhibit A attached hereto. As used in this Lease, the term "Premises" shall include the Building (which shall consist of approximately thirty-six thousand (36,000+) square feet of Premises Gross Leasable Area, as hereinafter defined, making up the entirety of the Building) and the Tenant Improvements to be constructed by Landlord in accordance with this Lease. The general construction configuration and description of the basic Building shell (the "Shell") is set forth in the Final Building Shell Plans described in the Improvement Agreement. The location and general configuration of the Premises is shown on the site plan attached hereto as Exhibit C. The actual square footage of leasable space within the Building (the "Premises Gross Leasable Area") shall be determined immediately prior to the Commencement Date, as hereinafter defined, by the architect hired in connection with the construction of the Building using the AIA Document 101 method of Calculating Areas of Buildings. Notwithstanding the above, the Landlord reserves the right to install, maintain, use, and as more particularly described replace ducts, wires, conduits, and pipes in Exhibit “A” attached hereto and made a part hereofthrough the Premises in locations which will not materially interfere with Tenant's use of the Premises. For purposes Notwithstanding anything to the contrary in this Lease, during the Term of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to have the Premises, the non-exclusive right to useuse (i) the Parking Area and the balance of the Real Property, and permit its invitees to use in common with Landlord and others, (ii) the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants roof of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing installing and maintaining equipment on the same to a specific tenant of the Building; providedroof for Tenant's own use only. Landlord and its agents, contractors, and employees shall, however, Landlord may create entrances from have access to and the First Floor Atrium to right of entry onto the South Real Property and East Wings the roof for the purpose of the First Floor in order to provide access to such areas maintenance thereof and for existing or future tenants. For purposes the purpose of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing maintaining the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)Landlord's equipment thereon. Landlord and Tenant acknowledge and accept shall not have the rentable square feet as set forth herein right to use the roof, the Parking Area or the Real Property for its own purposes, and neither Tenant nor Landlord nor Tenant shall have the right to demand remeasurement lease, license or recalculation otherwise permit the use of, the roof, the Parking Area or the Real Property to or by any other person or entity (other than Tenant's permitted subtenants or assigns hereunder). Said letting and hiring is upon and subject to the terms, covenants and conditions hereinafter set forth, and Tenant covenants, as a material part of the rentable square feet with respect consideration for this Lease, to perform and observe each and all of said terms, covenants and conditions. This Lease is made upon the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion conditions of the Common Areas of the Building are converted into a separately demised area such performance and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%observance.
Appears in 1 contract
Sources: Lease Agreement (Ilog Sa)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, which the parties stipulate and agree is 3,406 rentable square feet as more particularly described in shown on the floor plan attached hereto as Exhibit “A” (“Premises”), located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Avenue, Radnor, Delaware County, PA 19087 (“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and methodology.
(b) Landlord shall construct the Premises in substantial conformity with mutually agreed upon construction plans to be prepared by ▇▇▇▇▇ Associates (“Landlord’s Work”), the same of which shall be attached hereto and hereto, made a part hereofhereof and marked as Exhibit “B”. For purposes Landlord shall only be responsible for payment of this Lease, a maximum cost of $25.00 per rentable square foot for the property Landlord’s Work (the “PropertyLandlord Allowance”) shall mean the Land and all ). All costs of the buildings now or hereafter located thereon. Tenant Landlord’s Work in excess of the Landlord Allowance shall have, as appurtenant to the Premises, the non-exclusive right to usebe borne by Tenant, and permit its invitees shall be paid to Landlord upon the within thirty (30) days of delivery of an invoice and reasonable documentation therefor. Should Landlord not use in common with the full amount of the Landlord and othersAllowance for Landlord’s Work, the elevators, walkways, driveways and access roads necessary Tenant may use such remainder for access further improvements to the Premises and or for improvements to other space in the parking areasBuilding occupied by Tenant. Should this be the case, loading areasany excess Landlord Allowance shall be paid to Tenant within thirty (30) days of written request by Tenant, trash enclosuresbut not sooner than the Commencement Date, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants but in any event shall be requested within six (6) months of the Building Commencement Date or improvements on the Land (the “Common Areas”)forfeited. In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) The Tenant Allowance shall be calculated by dividing reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)Premises. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. ▇▇▇▇▇▇▇ Construction is deemed to be an approved contractor of Landlord. Landlord’s Work constitutes an Alteration under Article 8. Landlord shall be required as part of Landlord’s Work to obtain all permits, approvals and certificates of occupancy for Tenant to operate in the Premises for its Permitted Use.
(c) By March 8, 2012, Tenant shall submit to Landlord for Landlord’s approval, working drawings and specifications (herein called “Plans”) for architectural, electrical, mechanical, sprinkler and plumbing work within the Premises and for all other Landlord’s Work proposed by Tenant. After receipt of the rentable square feet Plans, Landlord shall return to Tenant within ten (10) days, the Plans, marked either “approved”, “approved as noted” or “disapproved”. If they are marked “disapproved”, Landlord shall state the reasons for such disapproval and Tenant shall, or before fifteen (15) days after receipt of such “disapproved” Plans, correct any deficiencies stated by Landlord and acceptable to Tenant and resubmit within ten (10) days corrected Plans to Landlord. The final Plans shall be attached to this Lease as Exhibit “B”. Landlord covenants that the Landlord’s Work in the Premises shall be constructed in such fashion as to comply with respect the notes disclosed on such Plans. Landlord’s Work shall be performed only in accordance with the Plans, as marked “approved as noted” or “approved” by Landlord.
(d) Any work performed by Tenant with any excess Landlord Allowance (“Tenant’s Work”) shall be compliant with the following provisions:
(i) Tenant shall first obtain the reasonable approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications;
(ii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(iii) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or the Building; provided, however, that if in the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then generally;
(iv) All construction contracts for Tenant’s Proportionate Share Work must include language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and
(v) Tenant and its contractors and subcontractors shall be recalculated accordinglysolely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s contractors and subcontractors. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share Work shall be equal deemed to 13.99%be an Alteration under Article 8 hereof.
Appears in 1 contract
Sources: Lease (Icg Group, Inc.)
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for upon the term terms and subject to and with the benefit of the termsconditions hereinafter set forth, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement those certain premises (the “Premises”), as shown on Exhibit “B” attached hereto and made part ) deemed to consist of hereof, in the building 1,184 gross square feet of floor space (the “Building”) erected on certain land (the “LandRentable Area”) located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇in the building adjacent to the Golf Pro Shop on the Granada Golf Course, and also known as more particularly described in Exhibit “A” attached hereto and made the Granada Snack Shop. [Pending confirmation re size of premises] Although not a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation the use of the rentable square feet with respect terrace area indicated on the cross-hatched section of Exhibit “A” (the “Terrace Area”), provided that at all times Tenant will maintain proper insurance coverage to cover the use of the Terrace Area when being used by Tenant or its patrons, Tenant is responsible for any damages caused to the Premises Terrace Area while being used or as a result of use by the Building; providedTenant or its patrons, howeverand further provided that the Terrace Area is used solely for the placement of outdoor seating for Tenant’s patrons. Tenant shall be responsible for the maintenance and repair of the Terrace Area. Tenant acknowledges that there exists in the City of Coral Gables an ordinance or ordinances regarding the placing of tables and chairs outdoors and that as with all governmental ordinances, that it shall be required to comply with same. In addition:
a. The tables and chairs are not placed in a manner which would in any way obstruct the flow of pedestrian traffic to the Golf Pro Shop;
b. Tenant shall keep the area clean and free of dirt, rubbish or spilled food (if Tenant fails to keep the Building is expanded or reconfigured area clean as outlined herein, Tenant agrees to increase its total rentable pay Landlord the cost of Landlord cleaning the area, plus a 25% service charge);
c. Tenant shall indemnify and hold Landlord and its managing agent harmless from and against any and all claims for injury or if a material portion damage resulting from the tables and chairs or any dirt, rubbish or spilled food, which indemnity shall survive expiration or earlier termination of this Lease. This Lease does not grant any right to light or air over or about the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Premises.
Appears in 1 contract
Sources: Retail Lease Agreement
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for 1.1 The Premises are located on the term and subject to and with the benefit 4th floor of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located Building at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, . The location of the Premises is outlined and as more particularly described crosshatched on Exhibit "A".
1.2 As used in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property term Rentable Area means the sum of (i) the “Property”total area within the Premises as measured from the interior surface of exterior glass, or exterior walls and from the midpoint of demising walls or walls separating the Premises from areas devoted to lobbies, corridors, hallways, elevator foyers and shafts, restrooms, mail rooms, mechanical rooms and shafts, janitor closets and other similar facilities used by tenants or for the benefit of tenants on
1.3 Landlord reserves the right to change the Building, the number of floors, the arrangement and location of the Interior Common Facilities in the Building and the shape, location, levels, arrangement and dimensions of the Common Areas, including any space reservations in the Automobile Parking Area. Notwithstanding the above, Landlord shall not modify or relocated the Premises in any respect without the prior written approval of Tenant.
2.1 The term of this lease ("Lease Term") shall mean be for a period of ten (10 ) years, plus the Land remainder of any partial calendar month in which the term commences.
2.2 Subject to any adjustments under Article V of Exhibit "B", the Lease Term and all Tenant's obligation to pay rent shall commence on that date upon which Landlord notifies Tenant (or the date Tenant has actual notice) that Landlord's construction obligations under this Lease have been substantially completed and that the Premises are ready for occupancy and the certificate of the buildings now occupancy has been issued, with or hereafter located thereon. without actual entry by Tenant shall have, as appurtenant to ("Commencement Date").
2.3 Upon Tenant's taking possession of the Premises, both parties agree to execute a written memorandum setting forth the non-exclusive right to use, and permit its invitees to use in common with Landlord and othersCommencement Date, the elevators, walkways, driveways and access roads necessary for access to the Premises date on which this Lease expires ("Expiration Date") and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet stipulated Rentable Area as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%adjusted under Section 1.2.
Appears in 1 contract
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for Landlord upon the term terms and subject to conditions hereinafter set forth the Premises. All corridors and with the benefit restroom facilities located on each floor of the terms, covenants, conditions and provisions hereof, Premises shall be considered part of the Third Floor Premises. The Premises shall be part of the Building to be constructed by Landlord pursuant to the terms of this Lease and part of the Basement Project, as and to the extent constructed by Landlord. Tenant acknowledges that it has had an opportunity to verify the calculation of the rentable square footage of the area as depicted on the Building Plans (as defined in the “Premises”Tenant Improvement Agreement ) for the Building. On or before the date that is ninety (90) days after the Delivery Date, Landlord shall measure the rentable square feet of the Premises in accordance with the Office Buildings: Methods of Measurement and Calculating Rentable Area (ANSI/BOMA Z65.1 – 2010, Method B), as shown interpreted by Landlord's architect. As provided in Paragraph 40.7, the Roof Top Area shall not be included in the calculation of the rentable square feet of the Premises for purposes of the payment of Base Rent or the calculation of percentages or figures based on Exhibit “B” attached hereto rentable square footage but shall be included in the term "Premises" for all other purposes. Within one hundred twenty (120) days after the Delivery Date, Tenant may, at its election, cause the Premises to be measured by Tenant's Architect (as defined in the Tenant Improvement Agreement) or another licensed architect reasonably acceptable to Landlord, at Tenant's cost, in accordance with the method of measurement described in this Paragraph. If Tenant determines that the rentable square footage of the Premises as constructed varies from the rentable square footage of the Premises as measured by Landlord, Tenant may deliver written results of its measurement to Landlord. At such time as the rentable square footage is agreed upon or otherwise resolved, Landlord and made part Tenant shall execute an amendment to this Lease memorializing the rentable square footage of hereofthe Premises and amending, as necessary, the amount of Base Rent payable by Tenant, the amount of the Letter of Credit, the amount of the Tenant Improvement Allowance and such other amounts and other terms hereof that are affected by the rentable square footage of the Premises. Until the rentable square footage of the Premises is agreed upon or otherwise resolved hereunder, Tenant's monthly payments of Base Rent shall be calculated on the basis of the approximate rentable square footage set forth in the Basic Lease Information. Within thirty (30) days following such agreement or resolution, Tenant shall pay to Landlord, or Landlord shall pay to Tenant, the amount of any deficiency or excess, as the case may be, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the property (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)Base Rent previously paid. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right that physical changes may occur from time to demand remeasurement or recalculation of the rentable square feet with respect to time in the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then which may result in an adjustment in Tenant’s 's Proportionate Share shall be recalculated accordingly. It is hereby agreed that Share, as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%provided in Paragraph 7.1.
Appears in 1 contract
Sources: Lease (Guidewire Software, Inc.)
Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, which the parties stipulate and agree is 7,268 rentable square feet as more particularly described in shown on the floor plan attached hereto as Exhibit “A” (“Premises”), located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Avenue, Radnor, Delaware County, PA 19087 (“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i - 1996) standards and methodology.
(b) Tenant currently leases the Premises from Landlord, pursuant to a lease (“Expiring Lease”) dated September 29, 2006, which lease expires at 11:59 p.m. on August 31, 2017. The Term of this Lease shall commence immediately upon the expiration of the Expiring Lease. Tenant accepts the Premises in its “AS IS”, condition, except that Landlord shall perform certain work in the Premises in substantial conformity with mutually agreed upon construction plans to be prepared by ▇▇▇▇▇ Associates (“Landlord’s Work”), the same of which shall be attached hereto and hereto, made a part hereofhereof and marked as Exhibit “B”. For purposes Landlord shall only be responsible for payment of this Lease, a maximum cost of $15.00 per rentable square foot (an amount equal to $109,020.00) for the property Landlord’s Work (the “Property”) shall mean the Land and all of the buildings now or hereafter located thereon. Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common AreasAllowance”). In no All costs of the Landlord’s Work in excess of the Landlord Allowance shall be borne by Tenant, and shall be paid to Landlord upon the within thirty (30) days of delivery of an invoice and reasonable documentation therefor. Should Landlord not use the full amount of the Landlord Allowance for Landlord’s Work, Tenant may use up to $2.00 per rentable square foot of the remaining Landlord Allowance as needed to make the Premises ready for occupancy, including Tenant’s furniture, fixtures, equipment, and voice and data cabling. Should this be the case, any excess Landlord Allowance shall be paid to Tenant within thirty (30) days of written request by Tenant, but in any event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium be requested and paid prior to the South and East Wings of the First Floor in order to provide access to such areas for existing Commencement Date or future tenantsforfeited. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) The Tenant Allowance shall be calculated by dividing the total rentable area reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet)for occupancy. Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. In addition to the Landlord Allowance, Landlord, at its sole cost, shall endeavor to replace the sixth floor common area carpet with Building-standard carpet within calendar year 2017 (but no later than the end of the rentable square feet first quarter of calendar year 2018), in addition to steam-cleaning the carpet in the Premises following completion of Landlord’s Work. Landlord shall be required as part of Landlord’s Work to obtain all permits, approvals and certificates of occupancy for Tenant to operate in the Premises for its Permitted Use. Except as set forth herein or otherwise on Exhibit B attached hereto, Tenant acknowledges and agrees that Landlord has no obligation under the Lease to make any improvements to or perform any work in the Premises, or provide any improvement allowance, and Tenant accepts the Premises in their current “AS IS” condition. Tenant acknowledges that the Leasehold Improvements (as defined in Exhibit B) will be completed while Tenant is occupying the Premises, and may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Landlord’s completion of the Leasehold Improvements during Tenant’s occupancy of the Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Landlord will provide Tenant with a schedule for completing the Leasehold Improvements, after which Tenant will provide access to the Premises to Landlord without Landlord having to provide any further notice to Tenant.
(c) Any work performed by Tenant with any excess Landlord Allowance (“Tenant’s Work”) shall be deemed to be an Alteration under Article 8 hereof, and shall be performed by responsible contractors and subcontractors who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; and shall name the Landlord harmless from and against any and all claims arising from, under or the Building; providedin connection with such construction, however, that if the Building is expanded or reconfigured and subject to increase its total rentable area, or if a material portion all of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%insurance provisions herein.
Appears in 1 contract
Sources: Lease (Actua Corp)
Premises. “As-Is”; Initial Alterations. Except as otherwise provided herein, Tenant shall accept the Premises in their “as is” state and condition and, except as provided in Paragraphs 4.b. and 4.d. below, Landlord hereby leases shall have no obligation to make or pay for any improvements or renovations in or to the Premises or to otherwise prepare the Premises for Tenant’s occupancy. The parties acknowledge that Tenant intends to make certain alterations and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement improvements (the “Premises”), as shown on Exhibit “B” attached hereto and made part of hereof, in the building (the “BuildingInitial Alterations”) erected on certain land to the Premises prior to commencing business therein. The construction of the Initial Alterations shall be governed by Paragraph 9 below. Without limiting the generality of the foregoing, the Alteration Operations Fee provided for in Paragraph 9.a. below shall apply to the construction of the Initial Alterations, except that, with respect to the Initial Alterations only, the Alteration Operations Fee shall not exceed one percent (1%) of the “Land”) located at ▇▇▇ ▇▇cost of the Initial Alterations. In connection with the Initial Alterations, Landlord agrees that Tenant may utilize ▇▇▇▇ ▇▇▇▇▇▇Architecture as its space planner, ▇▇▇▇▇▇▇However, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇any other architects, and as more particularly described in Exhibit “A” attached hereto and made a part hereofspace planners or engineers engaged by Tenant shall be subject to Landlord’s prior written approval (not to be unreasonably withheld). For purposes of this LeaseIn addition, the property if Tenant desires to utilize an engineer other than Landlord’s designated Building engineers (the “PropertyBuilding Engineers”) for the preparation of mechanical, electrical and plumbing engineering drawings and Landlord approves Tenant’s requested engineer, Tenant acknowledges and agrees that it will pay the cost of review by the Building Engineers of all such mechanical, electrical and plumbing drawings, which shall mean the Land and all of the be at market rates commensurate for what is charged by similar engineers for similarly-situated Class A office buildings now or hereafter located thereon. Tenant shall have, as appurtenant similar to the Premises, the non-exclusive right to useBuilding, and permit its invitees in addition to use in common with the Alteration Operations Fee. The general contractor selected by Tenant to construct the Initial Alterations and approved by Landlord and others, the elevators, walkways, driveways and access roads necessary for pursuant to Paragraph 9.a. below is referred to hereinafter as “Tenant’s Contractor.” In no event shall Tenant or Tenant’s Contractor be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been approved by Landlord pursuant to Paragraph 9.a. below and Tenant has delivered to Landlord the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. If Landlord is prepared to deliver the Premises to Tenant, but Tenant is not given access to the Premises for the purposes of constructing the Initial Alterations because the conditions of the immediately preceding sentence have not been satisfied, then Landlord shall be deemed to have delivered the Premises to Tenant on the date that Landlord was prepared to so deliver the Premises to Tenant and the parking areasDelivery Date will be deemed to have occurred on such date, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas notwithstanding the fact that Tenant and other areas and facilities, if any, which Tenant’s Contractor are located on the Land and designated by Landlord from time to time not permitted access for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Leaseconstruction until the aforementioned conditions are satisfied. Notwithstanding the foregoing, Tenant’s proportionate share (“Tenant’s Proportionate Share”) Contractor shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation of the rentable square feet with respect allowed access to the Premises or for purposes other than constructing the Building; provided, however, that if Initial Alterations provided the Building is expanded or reconfigured requisite insurance certificates have been delivered to increase its total rentable area, or if a material portion of the Common Areas of the Building are converted into a separately demised area and leased to a specific tenant of the Building, then Tenant’s Proportionate Share shall be recalculated accordingly. It is hereby agreed that as of the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%Landlord.
Appears in 1 contract
Sources: Office Lease (Salt Blockchain Inc.)
Premises. Landlord does hereby leases lease to Tenant Tenant, upon the terms and Tenant hereby leases from Landlordconditions set forth herein, for the term premises described in Section 1(d) and subject to and with the benefit of the terms, covenants, conditions and provisions hereof, part of the Third Floor and part of the Basement (the “Premises”), as shown on Exhibit “B” A attached hereto and made part of hereof, in the building (the “Building”"Premises"), within the Building described in Section 1(e) erected and in Section 4(a) below and depicted on certain land Exhibit B hereto (the “Land”) "Building"), which Building shall be located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ West, Seattle, Washington 98119 on the real property described as follows (the "Property"): Lots 1, 2, 3, 4, 5, and as more particularly described 6 in Exhibit “A” attached hereto and made a part hereof. For purposes Block 160 of this LeaseSeattle Tide Lands, according to the property (official maps on file in the “Property”) shall mean the Land and all office of the buildings now or hereafter located thereonCommission of public lands in Olympia, Washington. Except any portion thereof lying within the railroad right of way. Upon completion of the Tenant shall have, as appurtenant Improvements to the Premises, Landlord shall cause the nonrentable square footage of the Premises to be measured by Landlord's architect using the BOMA American National Standard Institute Publication, ANSI Z65.1-exclusive right 1996 Standards (the "Rentable Square Footage"), to usedetermine the Building Rentable Area, and permit its invitees to use in common which measurement shall govern with Landlord and others, the elevators, walkways, driveways and access roads necessary for access respect to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use Area of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”Section 1(d). In no event shall Landlord convert any portion of the First Floor Atrium of the Building into a separately demised area for the purpose of leasing the same to a specific tenant of the Building; provided, however, Landlord may create entrances from the First Floor Atrium to the South and East Wings of the First Floor in order to provide access to such areas for existing or future tenants. For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (25,472 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to demand remeasurement or recalculation have a Washington-licensed surveyor approved by Landlord and jointly responsible to Landlord and Tenant verify the Premises Rentable Square Footage determined by Landlord's Architect, if it does so within twenty (20) days after receipt of the rentable square feet notice from ▇▇▇▇▇▇▇▇'s Architect. If based on such verification Tenant disagrees with respect to the Premises or the Building; provided, however, that if the Building is expanded or reconfigured to increase Rentable -3- <PAGE> Square Footage determined by Landlord's Architect it shall advise Landlord and its total rentable area, or if a material portion Architect of the Common Areas deviation within ten (10) days thereafter or be deemed to have accepted Landlord's Architect's determination. If ▇▇▇▇▇▇ gives a timely notification of the Building are converted into a separately demised area and leased to a specific tenant of the Buildingdisagreement, then Tenant’s Proportionate Share the parties shall jointly select a Washington-licensed surveyor or architect to review the calculations of Landlord's architect and the Tenant selected surveyor and make the determination of Premises Rentable Square Footage, which determination shall be recalculated accordingly. It is hereby agreed that as of final and binding on the Lease Commencement Date (as hereinafter defined), Tenant’s Proportionate Share shall be equal to 13.99%parties.
Appears in 1 contract
Sources: Office Lease Agreement