Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminished.
Appears in 2 contracts
Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Premises. Subject Landlord hereby leases and demises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating the Premises. Tenant shall have, as appurtenant to the condition of the Project or the 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 Improvementsthe right to use in common with others, if any, entitled thereto (i) Building Common Areas and Complex Common Areas, (ii) the building service fixtures and equipment serving the Premises, and (iii) subject to Section 10.14 hereof, the right to use that number of nonreserved parking spaces determined by multiplying the Rentable Square Footage of Premises by .0015 ("Tenant's Parking Spaces") in the Garage. If the loading dock serving the Building is located in the Premises, the tenants of the Retail Space shall have the right to use such loading dock in accordance with reasonable rules and regulations to be deemed accepted mutually agreed upon by Landlord and Tenant. Tenant shall also have no right to approve tenants for the nonexclusive right, subject to Retail Space but Landlord represents that the terms hereof, to use the Common Areas retail uses of the Project. Tenant acknowledges that Retail Space shall be consistent with first-class mixed use projects in the Project is or may become an integrated commercial real estate project including the BuildingBoston/Cambridge, the Land and other buildings, Common Areas and landMassachusetts market. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant's use, (a) to include install, repair, replace, use, maintain and relocate for service to the Building within a project and/or Premises and to expand and/or reduce the amount other parts of Land and/or improvements of which the Building, or either, building service fixtures and equipment wherever located in the Building, including the perimeter walls of the Premises, on the roof of the Building, in mechanical penthouses and in any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, ducts, electric or other utilities, telecommunications equipment or other Building facilities, as well as the right of access (which right of access shall be at reasonable times and upon reasonable notice, except in the case of emergency) through the Premises for the purpose of operation, maintenance and repair, provided, however, that the Annual Fixed Rent, Additional Rent (as defined in Section 4.2 hereof) and other charges payable hereunder by Tenant shall be proportionately reduced in the event that any such installation or relocation of service materially reduces the usable floor area of the Premises (other than a temporary reduction to accommodate installation, repair, replacement, maintenance and relocation of such service); notwithstanding the foregoing provisions of this clause (a), to the extent that the Premises include all of the rentable square footage on a particular floor of the Building, Landlord's right to install, repair, replace, use, maintain and relocate such building service fixtures and equipment on such floor of the Building shall be limited to placing or installing such building service fixtures and equipment in shafts, pipes, stacks, conduits, chases and risers located within the central core common area of such floor or in such other locations on such floor as may be set forth in the Final Design Documents; or (b) to construct, alter or relocate any Building Common Areas and/or Complex Common Areas, provided however, that any such construction, alteration or Project consists; relocation (1) shall be in compliance with applicable zoning laws, the Development Approvals or Subsequent Approvals, (2) shall be substantially equivalent or substantially similar to altercommon areas of first-class, relocatemixed use projects in Boston or Cambridge, reconfigure and/or Massachusetts and (3) shall not reduce the Common Areas; and to temporarily suspend access to portions number of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminished's Parking Spaces.
Appears in 2 contracts
Sources: Lease (Vertex Pharmaceuticals Inc / Ma), Lease (BioMed Realty Trust Inc)
Premises. Subject to In consideration of the rent and other agreements contained in accordance with the provisions hereofthis Lease, Landlord leases to TenantTenant and Tenant rents from Landlord the premises (hereinafter the "Premises") described as follows: A retail store space numbers 214, 216, and Tenant leases from Landlord218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter the "Shopping Center"), the municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. The Premises as are designated on Exhibit A, consisting A hereto for the purpose of setting forth the configuration and approximate location of the 6,255 RSFPremises within the Shopping Center Site (the "Shopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises shall be improved or otherwise prepared for occupancy by Tenant agrees thatin accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the cost, if any, to Tenant. In the absence of any specific requirements set forth on Exhibit C, Tenant shall be deemed to have accepted the Premises "as is", except as expressly stated herein and in the Work Letter attached for any items specified on a punch list delivered to this Lease, no representations or warranties relating to the condition of the Project or the 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 Landlord within thirty (30) days after possession of the Premises for is delivered to Tenant. Notwithstanding the purposes foregoing, Tenant shall not be deemed to have waived its right to require Landlord to correct any latent defects as long as Tenant gives notice thereof to Landlord on the earlier of conducting businessthirty (30) days after discovery of the defect or thirty (30) days after the date Tenant should have been alerted to the existence thereof had Tenant acted reasonably, provided such notice must be provided in any event within one (1) year after delivery of possession of the Premises, including all Initial ImprovementsLandlord covenants and agrees to (i) deliver the Premises in compliance with legal, shall be deemed accepted by code and zoning requirements exclusive of any such requirements relating to Tenant's Work including, but not limited to, building or occupancy permits, (ii) deliver the utility systems to the Premises as specified in Exhibit C in good working order, and (iii) deliver the rough shell building in good condition and repair, free of any asbestos. Tenant shall also have the nonexclusive rightuse commercially reasonable efforts to submit plans and specifications for Tenant's Work to Landlord for its approval, subject to the terms hereofwhich shall not be unreasonably withheld, to use the Common Areas of the Projecton or before [***]. Tenant Landlord shall approve such plans and specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that Tenant's prototype design plan for its store incorporates the Project is or may become an integrated commercial real estate project including open storefront element into the Building, 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 use design of the Premises is not materially diminishedprovided that Tenant constructs such portion (and all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, and pursuant to plans and specifications approved in advance by Landlord.
Appears in 2 contracts
Sources: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)
Premises. Subject Landlord, in consideration of the rents to be paid and in accordance with the provisions hereofcovenants and agreements to be performed by Tenant as hereinafter set forth, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated on Exhibit A, consisting for the exclusive use of the 6,255 RSFTenant in the Building for the Lease Term and upon the conditions and agreements 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 agrees thatwill 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 Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the 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 “as is” condition, and, except as expressly stated herein and set forth in the Work Letter attached to this Lease, no Landlord shall not be deemed to have made any representations or warranties relating with respect to the condition suitability of the Project or the 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 for Tenant’s use, or otherwise, and shall have no other obligation for the completion of the Premises. By taking possession of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, Tenant shall be deemed accepted to have agreed that the same is in good order, repair, and condition. 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 Tenant. all of the terms and conditions of this Lease, except that Tenant shall also have the nonexclusive right, subject no obligation to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, pay rent except as set forth 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 use of the Premises is not materially diminishedParagraph 3.
Appears in 2 contracts
Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Premises. Subject (a) Landlord, in consideration of the rents to be paid and covenants and agreements to be performed by Tenant, does 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, in the City of Cleveland, County of Cuyahoga and State of Ohio (the "Center"). The location, size, and area of the Premises and of the Center as of the Commencement Date (defined below) will be 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.
(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 provisions hereofSite 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, Landlord leases visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to Tenantthe 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, and Tenant leases from Landlord(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 "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 visibility of the Premises as designated on Exhibit Afrom the roads providing direct access to the Center, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and or (vi) result in the Work Letter attached to this Leaseconstruction of any buildings in the area designated "No Build Area" on the Site Plan. In performing any construction work, no representations repairs or warranties relating to maintenance in the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in Center permitted under this Lease or the Work Letter attached hereto, after 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 has taken physical possession of the Premises for the purposes of conducting business, the Leased Premises, including all Initial ImprovementsLandlord shall use good faith, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightcommercially reasonable efforts to prevent any interference with parking for, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 or visibility or use of the Premises is not materially diminishedor the business of Tenant or any subtenant or licensee of Tenant.
Appears in 2 contracts
Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to the condition of the Project or the 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 Improvementsexcluding the roof, shall be deemed accepted by exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Tenant shall also have have, as appurtenant to the nonexclusive rightPremises, rights to use in common, subject to the terms hereof, reasonable rules of general applicability to use the Common Areas tenants of the Project. Building from time to time made by Landlord of which Tenant acknowledges that is given notice: (a) the Project is or may become an integrated commercial real estate project including common lobbies, hallways, stairways, loading docks and elevators of the Building, (b) common walkways and driveways necessary for access to the Land Building, (c) the common parking areas serving the Building, and (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other buildings, Common Areas and landcommon facilities in the central core area of such floor. Tenant shall be permitted to use twenty-five (25) parking spaces in the parking area serving the Building. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with use of the Premises: (a) to include install, use, maintain, repair, replace and relocate for service to the Building within a project and/or to expand and/or reduce the amount Premises and other parts of Land and/or improvements of which the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building (provided the same, to the extent within the Premises, shall be located, to the extent reasonably practicable, in the central core area of the Building, within the ceiling plenum, behind the walls or below the floors, or within the chases, risers, ducts, conduits, lines, shafts or similar concealed areas), (b) to alter or relocate any other common facility and/or common areas of the Building, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (d) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Except in the case of emergency, Landlord shall provide Tenant with reasonable prior notice (which notice may be given verbally) of any such access to the Premises for any of the foregoing. Notwithstanding anything to the contrary contained in this Lease, Tenant acknowledges that Landlord is planning on altering portions of the common areas of the Building (such alterations the “Common Area Work”), and that as part of the Common AreasArea Work the demising walls of the Premises may need to be relocated (it being agreed any such relocation of demising walls will occur prior to the Commencement Date). Tenant acknowledges that, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to perform certain portions of the Common AreasArea Work, as long as Landlord may need access to, and perform work within, the Premises. Tenant agrees that Landlord shall be permitted to enter the Premises remain reasonably accessible and perform the Common Area Work during normal business hours, and Tenant shall cooperate with Landlord’s reasonable requirements to facilitate such Common Area Work. Landlord shall use reasonable efforts while conducting such activities to minimize any interference with Tenant’s use of the Premises. To the extent that the demising walls of the Premises were relocated as part of the Common Area Work then, within sixty (60) days of completion of the Common Area Work, Landlord shall verify the new measurement of the Premises, and the pertinent economic terms (including parking rights) set forth under this Lease affected by the size of the Premises shall be adjusted to account for such new measurement (it being agreed that in no event shall the measurement of the Premises vary by more than five hundred (500) rentable square feet from what is not materially diminishedlisted in Section 1.1). Landlord and Tenant agree to enter into a letter agreement or amendment to this Lease memorializing such adjustments, if applicable, but failure of the parties to execute such a document shall have no effect on the effectiveness of the adjustment of the Premises pursuant to this paragraph and the economic terms associated therewith.
Appears in 2 contracts
Sources: Office Lease (Avedro Inc), Office Lease (Avedro Inc)
Premises. Subject to and in accordance with Landlord hereby leases the provisions hereof, Landlord leases Premises to Tenant, and Tenant leases the Premises from Landlord, upon the Premises as designated on Exhibit A, consisting terms and conditions of the 6,255 RSFthis Lease. Tenant agrees thatthat 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 revision except as expressly stated herein and provided in the Work Letter attached this Section 1. Accordingly, for all purposes related to this Lease, no representations or warranties relating to the condition rentable area of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except Buildings 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, Lease Date shall be conclusively deemed accepted by Tenant. Tenant shall also have to be the nonexclusive right, subject to number of rentable square feet for such spaces set forth in the terms hereof, to use the Common Areas of the ProjectBasic Lease Information. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use rentable square footage of the 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 part of the Property that Landlord continues to own after such conveyance. If either Building is not materially diminishedmodified after the Lease Date in a manner that actually changes its rentable area, or if Landlord conveys a part of the Property and the term “Property” is redefined under the previous sentence, Tenant’s Share shall be adjusted to be the quotient of the rentable area of the Premises divided by the rentable area of the Property, expressed as a percentage.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)
Premises. Subject Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. (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 in accordance development space, together with related parking facilities and other improvements necessary to enable to the provisions hereofBuilding to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the 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 the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and 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 are hereby reserved to Landlord, . Landlord reserves (a) such access rights through the Premises as designated on Exhibit A, consisting may be reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the balance of the 6,255 RSFbuilding 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. Tenant agrees thatIn exercising such rights, except Landlord will use reasonable efforts so as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or not commit waste upon the Premises and no promises as far as practicable to alterminimize annoyance, repair interference or improve damage to Tenant when making modifications, additions or repairs. Subject to the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached heretoprovisions of Article VIII, Tenant agrees to accept the Premises in their current “AS ISand its customers, WHERE IS” condition agents 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 also invitees have the nonexclusive right, subject right to the terms hereofnon-exclusive use, to in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including within the Building, the Land and other buildingsexcept that with respect to non-exclusive automobile parking spaces, Common Areas and landTenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord reserves shall have the rightright to designate, in its sole discretionbusiness judgment, at any time certain spaces as "customer" parking spaces and from time Tenant shall use its best efforts to time, cause its employees not 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 use of the Premises is not materially diminishedpark in said customer parking.
Appears in 2 contracts
Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)
Premises. Subject to and in accordance with the benefit of the provisions hereofof this Lease, Landlord hereby leases to Tenant, Tenant and Tenant leases from Landlord, the Premises Rentable Floor Area of Tenant's Space in the Building (hereinafter, the "Tenant's Space"), together with the appurtenances described below. Tenant's Space as designated on the same may be expanded pursuant to Exhibit AR, consisting of with such appurtenances, is hereinafter collectively referred to as "the 6,255 RSFPremises". Tenant agrees thatshall have, except as expressly stated herein and in the Work Letter attached appurtenant to this Lease, no representations or warranties relating to the condition of the Project or the 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 the right to use in common with other tenants of the Park, as hereinafter defined, the areas shown on the Plan attached hereto as part of Exhibit A as "Building Parking Area", all Initial Improvements, shall be deemed accepted by Tenantsubject to and as further provided in Section 10.18 hereof. Tenant shall also have have, as appurtenant to the nonexclusive rightPremises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the terms hereofpark, commonly known and referred to use as the Bedford Wood▇ ▇▇▇ice Park and shown on the Plan of the Park attached hereto as part of Exhibit A (the "Park") from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Project. Park attached hereto as Exhibit A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that (i) any amendments or modifications to such Common Area will not materially adversely effect Tenant's ability to access the Premises (ii) Landlord will provide Tenant acknowledges prior written notice thereof and (iii) provided further that any such amendments or modifications to the Project is Common Areas are reasonably functionally equivalent to the portion of the Common Areas that they amend or may become an integrated commercial real estate project including replace, (b) all rights of ingress and egress to and from the Building and to and from the Park, all service areas, drainage structures and areas for surface water runoff, including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all other rights appurtenant to the Lot and the Building, the Land and other buildings(f) all utility lines, Common Areas electricity, water and land. Landlord reserves the right, in its sole discretion, at any time sewage disposal pipes 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 use of the Premises is not materially diminishedstructures.
Appears in 2 contracts
Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). The Project includes the ▇▇▇▇▇▇▇▇▇ Building (defined in Section 4.g below), but the ▇▇▇▇▇▇▇▇▇ Building is not included in the Real Property for purposes of this Lease. Tenant’s lease of the Premises as designated on Exhibit Ashall include the right to use, consisting in common with others and subject to the other provisions of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy or use of, or access to, the Premises and no promises the Parking Facility (as defined in Paragraph 53 below) (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions and restrictions (“CC&R’s”) currently or hereinafter affecting the Project and agrees that this Lease shall be subject and subordinate thereto; provided, however, that Tenant will not be required to altercomply with, repair and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of or improve access to the Premises have been made or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by Landlordlaw. Except as otherwise expressly provided in to the extent that Tenant is granted the right to the use of an allocation of conduits or riser space pursuant to the terms of this Lease or Lease, all of the Work Letter attached hereto, Tenant agrees to accept windows and outside walls of the Premises and any space in their current “AS ISthe Premises used for shafts, WHERE IS” condition stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or other utilities or Building facilities are reserved solely to Landlord and acknowledges that LANDLORD MAKES NO WARRANTIESLandlord shall, EXPRESSED OR IMPLIEDsubject to the provisions of Paragraph 23 below, 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 have rights of access through the Premises for the purposes purpose of conducting businessoperating, maintaining and repairing the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedsame.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), the Premises as described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building located at One Campus Martius, Detroit, Michigan, consisting of approximately 1,025,764 rentable square feet of floor area (hereinafter referred to as the 6,255 RSF. Tenant agrees that“Building”), except as expressly stated herein together with the non-exclusive right and in easement to use the Work Letter attached to this Lease, no representations or warranties relating to the condition common facilities located within and/or comprising a part of the Project Development (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building, Common Areas, the land upon which they are situated and the parking garages situated adjacent to and under the Building (such garages collectively being referred to as the “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of which is contained on Exhibit “B” attached hereto.
(b) The rentable area of the Premises, as well as the 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 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 twenty (20%) percent.
(c) The rentable square foot area of the Premises shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by ▇▇▇▇▇▇▇▇’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises and no promises 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 alter, repair or improve 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 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 reasonable portions of the Premises for common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys.
(e) Subject to the purposes limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the Parking Structure and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of conducting businessthe Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, including all Initial Improvementsas Landlord may reasonably deem necessary or desirable; provided, shall be deemed accepted by Tenant. Tenant shall also have however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the nonexclusive rightPremises which interferes with or adversely impacts the use of the Premises, subject (ii) the right to the terms hereofeliminate, to use substitute, modify and/or rearrange the Common Areas of (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the Project. Tenant acknowledges that name, number or designation by which the Project Building is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the rightcommonly known, in its sole discretionwhich event, at any time and Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, to include other tenants and occupants of the Building within a project and/or and others to expand and/or reduce whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the amount contrary, in exercising its rights pursuant to this Section or other provisions of Land and/or improvements this Lease, Landlord shall (a) not materially or adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Areas which remain available for common use or Parking Structure provided, however, the foregoing shall not preclude Landlord from modifying the Building lobby, or modifying or eliminating areas outside of the Building, the Common Areas(b) not materially or adversely increase any obligation of Tenant under this Lease, or Project consists; (c) permanently reduce or permanently eliminate any of Tenant’s parking rights. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to alteror better than then existing facilities, relocate(x) installations, reconfigure and/or reduce replacements and relocations shall be located so far as practicable in the Common Areas; and to temporarily suspend access to portions central core area of the Common AreasBuilding, above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be performed at such times and in such manner, as long as to create the Premises remain reasonably accessible and least practicable interference with Tenant’s use of the Premises is not materially diminishedand (z) no such work by ▇▇▇▇▇▇▇▇, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in excess of two percent (2%) per floor of the Premises. Except in the case of Emergencies, ▇▇▇▇▇▇▇▇ agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Subject The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the 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 completion of the Landlord’s Work scheduled to occur no later than May 31, 2018 (the “Landlord’s Work Target Date”). In 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 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 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 City of Cambridge for Landlord’s Work (excluding the 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 abatement of Annual Fixed Rent for each day of such delay. In the 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 extension for each day of Tenant Delay pursuant to the 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 effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions hereofof this Lease), Landlord leases shall be returned to Tenant, and neither Landlord nor Tenant leases shall have 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 ensure, and cause Contractor to ensure, that completion of the 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 designated on Exhibit Aprovided below), consisting (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 6,255 RSFLIA (as defined in the Work Letter). Tenant agrees 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 stated herein and set forth in the Work Letter attached to this Lease, there have been no representations or warranties relating to the condition made by or on behalf of the Project or the Premises and no promises Landlord with respect 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 also have the nonexclusive right, subject Building or the Property or with respect to the terms hereof, to use suitability of any of them for the Common Areas conduct of the ProjectTenant’s business or activities. Tenant acknowledges that The Premises shall exclude common areas and facilities of the Project is Property, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, 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 may become an integrated commercial real estate project including 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 Land Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and other buildings, Common Areas and landfreight elevator vestibule located on such floor. Landlord reserves shall be delivering the right, Premises in its sole discretion, “as is” condition 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 Commencement Date of the Common AreasLease. Prior to the Commencement Date, as long as Landlord shall provide Tenant with evidence of the Premises remain reasonably accessible and Tenant’s use 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 (as such term is not materially diminisheddefined in Section 12.14), subject to 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. Subject Landlord hereby leases and demises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating the Premises. Tenant shall have, as appurtenant to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, right to use in common with others, if any, entitled thereto (i) the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including common areas and common facilities, if any, included in the Building, on the Land Lot or in the Complex, (ii) the building service fixtures and other buildingsequipment serving the Premises, Common Areas and land(iii) subject to Section 10.14 hereof, (a) the right to use that number of nonreserved parking spaces determined by dividing the Rentable Square Footage (as the same shall be determined pursuant to Section 2.3 hereof and as the same may be increased pursuant to Section 10.11 hereof) by 500 ("Tenant's Parking Spaces") in the underground parking garage located south of ▇▇▇▇▇▇▇ Street as shown on Exhibit A hereto (the "Garage") and (b) the right to use that number of nonreserved Valet Parking Spaces, as such term is defined and such number is determined pursuant to Section 10.14 hereof. To the extent that the Premises includes all of the rentable square footage on a particular floor of the Building, Tenant shall have exclusive use of the common areas on such floors, but Landlord shall have the rights set forth in the next paragraph hereof. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant's use, (a) to include install, repair, replace, use, maintain and relocate for service to the Building within a project and/or Premises and to expand and/or reduce the amount other parts of Land and/or improvements of which the Building, or either, building service fixtures and equipment wherever located in the Building, including the perimeter walls of the Premises, on the roof of the Building, in mechanical penthouses and in any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, ducts, electric or other utilities, telecommunications equipment or other Building facilities, as well as the right of access (which right of access shall be at reasonable times and upon reasonable notice, except in the case of emergency) through the Premises for the purpose of operation, maintenance and repair, provided, however, that the Annual Fixed Rent, Additional Rent (as defined in Section 4.2 hereof) and other charges payable hereunder by Tenant shall be proportionally reduced in the event that any such installation or relocation of service materially reduces the usable floor area of the Premises (other than a temporary reduction to accommodate installation, repair, replacement, maintenance and relocation of such service); notwithstanding the foregoing provisions of this clause (a), to the extent that the Premises include all of the rentable square footage on a particular floor of the Building, Landlord's right to install, repair, replace, use, maintain and relocate such building service fixtures and equipment on such floor of the Building shall be limited to placing or installing such building service fixtures and equipment in shafts, pipes, stacks, conduits, chases and risers located within the central core common area of such floor or in such other locations on such floor as may be set forth in the Final Design Documents; (b) to construct, alter or relocate any Building Common Areas and/or Complex Common Areas (provided that, except for any construction, alteration or relocation of Complex Common Areas required or permitted by the Development Approvals or Subsequent Approvals, no such construction, alteration or relocation of any such Complex Common Areas shall substantially or materially increase any payments due from Tenant under this Lease and any such construction, alteration or relocation shall be substantially similar in quality and utility to Complex Common Areas being altered or relocated or substantially similar to common areas of first-class, mixed use projects in the Relevant Market); and (c) after construction of the Building to construct, alter or relocate any Building Common Areas, subject to approval by Tenant, such approval not to be unreasonably withheld, delayed 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 use of the Premises is not materially diminishedconditioned.
Appears in 2 contracts
Sources: Lease Agreement (Genzyme Corp), Lease Agreement (Genzyme Corp)
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises described in the Basic Lease Information (as designated shown on Exhibit A), consisting of together with --------- the 6,255 RSF. Tenant agrees that, except as expressly stated herein and right in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, common to use the Common Areas. The Common Areas shall mean the areas and facilities within the land shown on Exhibit A-1 (the "Land") and within all buildings and improvements now or hereafter located on the Land, in each case to the extent provided and designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of the ProjectProperty (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 "Cultural ----------- Center"); provided, however, that Landlord may from time to time prescribe rules and regulations for use of and access to the Cultural Center by Tenant and other tenants of the Property. Without limitation of the provisions of any such rules and regulations, Tenant acknowledges that (i) no tenant of the Project is Property (including Tenant) shall have exclusive rights to use the Cultural Center, (ii) some or all of the tenants of the Property (including Tenant) may become an integrated commercial real estate project including be excluded from use of the BuildingCultural Center from time to time to accommodate use of the Cultural Center for special events, (iii) access to the Land and Cultural Center shall be restricted by means of a locked gate or other buildingsapparatus after normal business hours, Common Areas and landas prescribed from time to time by Landlord. Landlord reserves the rightright to make changes to the Common Areas. Building E and Building F are each referred to herein as 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, in its sole discretion, at any time together with the Land 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; are collectively referred to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long in this Lease as the Premises remain reasonably accessible and Tenant’s use of "Property" or the Premises is not materially diminished"Real Property".
Appears in 2 contracts
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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, Landlord the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have together with the nonexclusive right, subject to the terms hereof, right in common with others to use the Common Areas. Tenant accepts the Premises, Building and Common Areas in their “AS IS” “WHERE IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Notwithstanding the above, L▇▇▇▇▇▇▇ agrees to perform Landlord’s Work (as defined herein) and to deliver the Premises to Tenant with all Building Systems (as defined herein) in good working order and repair. Landlord and Tenant stipulate and agree to the rentable square footages set forth in Sections 1(a) and (b) above for all purposes with respect to this Lease. Following the Commencement Date, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year, subject to events beyond the reasonable control of Landlord and closures of the ProjectPremises permitted under this Lease. Tenant acknowledges “Common Areas” means all areas and facilities as provided by Landlord from time to time for the use or enjoyment of all tenants in the Building or Property, including, if applicable and without limitation, lobbies, public hallways, public restrooms, fire stairs, elevators, driveways, sidewalks, parking, loading areas, landscaped areas, mechanical and fan rooms, janitor closets, electrical and telephone closets, pipe and elevator shafts, vertical ducts, structural components of the Building excluding the Building Structure (as defined below), and all other general Building or Property components, facilities, and fixtures that serve or are available to more than one (1) tenant at the Project Property. “Land” means the lot or plot of land on which the Building is situated or may become an integrated commercial real estate project including the portion thereof allocated by Landlord to the Building. “Property” means the Land, the Building, the Land adjoining parking areas, sidewalks, driveways, landscaping and other buildingsadditional buildings situate thereon if applicable, 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 use of the Premises is not materially diminished.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Premises. Subject Tenant hereby leases from Landlord the Premises generally depicted on Exhibit “A-1” (the “Premises”), which Premises are part of the certain 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 ▇▇▇▇▇▇ hereby agrees to Landlord’s determination, without reservation. Landlord may, from time to time during the Term, verify the floor area of the Premises and the Plaza and in accordance with the provisions hereof, event that Landlord leases determines that the floor area of the Premises and/or Plaza differs from that initially or thereafter calculated or thereafter changes from time to Tenant, and Tenant leases from Landlordtime during the Term, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and/or Plaza floor area shall be revised accordingly and in the Work Letter attached such revised figures shall be deemed to this Lease, no representations or warranties relating to the condition of the Project or be the Premises and/or Plaza floor area thereafter. In such case, the Minimum Annual Rent, Additional Rent, and no promises to alter, repair any other payments due hereunder which are determined on a basis of floor area shall be increased or improve the Premises have been made by Landlorddecreased accordingly. 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 determination of the Premises 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 number of square feet of floor space for the purposes of conducting business, the Premises, including all Initial Improvementsmeasured from the exterior faces of exterior walls, shall be deemed accepted by Tenant. Tenant shall also have storefronts, walls fronting on the nonexclusive right, subject to the terms hereof, to use the enclosed Plaza or interior Common Areas (defined in Section 4.01), corridors and service areas, and the Plaza lines of the Projectparty walls or common partitions. Tenant acknowledges that the Project is No deduction or may become an integrated commercial real estate project including the Buildingexclusion from floor area will be made by reason of columns other interior construction, 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 use of the Premises is not materially diminishedobstructions.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises as designated to Tenant upon the terms and conditions contained herein. Landlord hereby grants to Tenant a license for the right to use, on Exhibit Aa non-exclusive basis, consisting parking areas and ancillary facilities located within the Common Areas of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive rightPark, subject to the terms hereofof 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 expiration or earlier termination of this Lease. For purposes of this Lease, the term "Premises" shall mean and refer to use the Common Areas entirety of both of the ProjectBuildings, namely, Building A and Building B situated within the Park. Landlord and Tenant hereby agree that for purposes of this Lease, as of the Lease Date, the rentable square footage area of the Premises, the Buildings, the Lot and the Park shall be deemed to be the number of rentable square feet as set forth in the Basic 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 the basis of such measurement shall be measured from drip line to drip line and not in accordance with BOMA standards. Tenant hereby acknowledges that the Project rentable square footage of the Premises may include a proportionate share of certain areas used in common by all occupants of the Buildings (for example an electrical room or telephone room). Landlord and Tenant hereby acknowledge and agree that as of the Lease Date the Buildings have not been constructed on the Lot. After Landlord has Substantially Completed (as such term is or may become an integrated commercial real estate project including defined in Exhibit B hereto) the BuildingShell 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 Land Buildings and other buildingsthe Park, Common Areas and land. Landlord reserves the right(ii) actual amount of Base Rent to be paid by Tenant, 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 which shall be based upon the amount of Land and/or improvements 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 BuildingPremises Addresses. Tenant further agrees that the number of rentable square feet of the Buildings, the Common AreasLot 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 Project consists; to altercondemnation of, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions any portion of the Common AreasPremises, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminished's Share shall accordingly change.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Premises. Subject to and in accordance with the benefit of the provisions hereofof this Lease and any ground lease or land disposition agreement relating to that certain parcel of land on which the Building is located known as ▇▇▇ ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, as more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Lot"), Landlord hereby leases to Tenant, Tenant and Tenant leases from Landlord, Tenant's Space in the Premises as designated on Exhibit ABuilding, consisting excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the 6,255 RSFBuilding Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Tenant agrees thatshall have, except as expressly stated herein and in the Work Letter attached appurtenant to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive rightright to use in common with others entitled thereto, subject to the terms hereof, reasonable rules of general applicability to use the Common Areas tenants of the Project. Building from time to time made by Landlord of which Tenant acknowledges that is given notice(a) the Project is common facilities included in the Building or may become an integrated commercial real estate project on the Lot, including the parking facilities (which currently consists of 362 parking spaces and which at all times during the Term shall consist of at least 3.3 spaces per 1,000 square feet of leased area, the parking facilities shall be used by Tenant on a "non-reserved" basis with all other tenants in the Building, the Land including their employees and/or invitees, and for which use there shall not be an additional charge to Tenant, its employees or invitees), bathrooms and other buildingsfacilities, Common Areas to the extent from time to time designated by Landlord, and land(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, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant's use (a) to include install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which or either, building service fixtures and equipment wherever located in the Building, the Common Areas, and (b) to alter 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 use of the Premises is not materially diminishedrelocate any other common facility provided that substitutions are substantially equivalent or better.
Appears in 2 contracts
Sources: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and 2.1 Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of from Landlord for the 6,255 RSF. Tenant agrees that, except as expressly stated herein term and upon the conditions and covenants set forth in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as may otherwise be expressly provided in this Lease or Lease, 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 lease of the Premises does not include the right to use the roof, mechanical rooms, electrical closets, janitorial closets, telephone rooms, 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 shall have the non-exclusive right to use: (1) the plenums, risers, electrical closets, telephone rooms, ducts or pipes on or serving the floors on which the Premises are located (other than those installed for another tenant’s exclusive use and provided Tenant shall have such utilization in no greater proportion than the purposes ratio by which the square feet of conducting businessrentable area in the Premises compares to the square feet of rentable area in the Building) in accordance with plans and specifications to be approved by Landlord in its sole discretion; (2) the Parking Facility in accordance with Article XXIV; and (3) any mechanical rooms, electrical closets and telephone rooms located within the Premises, including all Initial Improvementsfor the purpose for which they were intended, but only with Landlord’s prior consent (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 deemed accepted required for use by Tenant. ’s on-site, properly licensed and trained technicians) and strictly in accordance with Landlord’s rules, regulations and requirements in connection therewith.
2.2 Subject to Landlord’s right to approve any alterations or improvements to be installed by Tenant shall also have the nonexclusive right, subject pursuant to the terms hereofof this Lease, Landlord agrees that Tenant has the right to use during the Common Areas term of the Project. Lease up to 100 square feet of space on the roof of the Building so that Tenant acknowledges that the Project is may install a satellite transmitting or may become an integrated commercial real estate project including the Buildingreceiving dish, a microwave antenna and/or repeaters necessary for Tenant’s business (and not for public broadcasting) (individually and collectively, the Land “Antenna”), provided that (a) the size, location and other buildings, Common Areas and land. manner of installation of such Antenna shall be determined by Landlord reserves the right, in its sole discretion, at any time and (b) the Antenna shall be located so as to not be visible except from time to time, to include above the Building within a project and/or and Tenant shall install such screens as may be necessary to expand and/or reduce prevent the amount visibility of Land and/or improvements the Antenna, (c) no such Antenna shall be affixed to the roof of the Building by any device which penetrates the roof and Landlord shall have the right to approve in advance Tenant’s mounting of the Antenna, (d) Tenant shall bear all costs and liability incurred with respect to the installation, operation, maintenance, removal and insuring of the Antenna, (e) installation, operation and removal of the Antenna shall be performed in such manner as is necessary in order to preserve Landlord’s roof warranty, and (f) the installation, operation and maintenance of the Antenna is permitted under and performed in full compliance with all applicable laws and the rules and regulations of the Building. Landlord agrees that Tenant shall have the non-exclusive right to use the risers in the Building for installation, operation, maintenance and removal of the Antenna; provided that (i) such use of the riser space shall be shared with other tenants and the providers of services to the Building, (ii) Tenant shall make no installation or alteration in any riser without Landlord’s prior written consent, and (iii) such use otherwise complies with this Lease. Tenant shall be responsible for the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; repair and to temporarily suspend access to portions maintenance of the Common AreasAntenna and all related equipment and wiring during the Term of this Lease, as long as the Premises remain reasonably accessible and at Tenant’s sole cost and expense, and upon the termination of this Lease shall, at Tenant’s sole cost and expense, remove said Antenna and all related equipment and wiring and repair any damage to the roof or risers of the Building caused as a result of such use or removal. Any required structural reinforcement shall be made at Tenant’s sole cost and will be performed by Landlord or Landlord’s contractors. Landlord will not be liable to Tenant or to any other person whomsoever for any injury to person or damage to property, arising out of any use of the Premises is not materially diminishedroof or any other portion of the Building pursuant to this Section 2.2.
Appears in 2 contracts
Sources: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as described in Section 1 (d). In addition, Landlord grants to Tenant the non-exclusive use of all common areas designated on Exhibit A, consisting of by Landlord from time to time in and about the 6,255 RSFProperty. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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, All common areas shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereofexclusive control and management of Landlord, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves shall have the right, in its sole discretion, at any time time, and from time to time, to include change the Building within a project size, location, elevation, and/or nature of the common areas. Landlord also reserves the right, from time to expand and/or reduce the amount of Land and/or improvements of which the Buildingtime, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to close portions of the Common Areas, as long as common areas or utilize the Premises remain reasonably accessible and Tenantsame for Landlord’s use purposes. Tenant acknowledges that the square footages of the Premises is and the Property are only approximate, and Landlord and Tenant agree that, notwithstanding the actual square footage of the Premises and the Property, Tenant’s Proportionate Share, as described in Section 1(i), shall be deemed correct for all matters of this Lease including but not materially diminished.limited to the calculation of Base Rent, Additional Rent, Security Deposit and any construction allowances. Tenant shall use and occupy the Premises for general office purposes and for no other use. Tenant has inspected the Premises and accepts the same in its present “AS IS” condition, acknowledging that the Premises are in good order and satisfactory condition and suitable for the purposes for which they are leased. Tenant further acknowledges that, except as otherwise set forth in this Lease, Landlord has made no representations to Tenant with respect to any alterations, repairs or improvements to be constructed within the Premises,
Appears in 2 contracts
Sources: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, Landlord the Premises as designated shown on preliminary floor plan attached hereto as Exhibit “A” within the Building to be constructed pursuant to the provisions of Section 29 hereof (the Building and the lot on which it is located, consisting the “PROPERTY”), together with the nonexclusive right with Landlord and other occupants of the 6,255 RSF. Tenant agrees that, except as expressly stated herein Building to use all areas and facilities provided by Landlord for the use of all tenants in the Work Letter attached Property including any driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). 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 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 Premises and Building, and, if the square footages, as measured, vary from the square footages set forth in Section 1 of this Lease, no representations or warranties relating the parties shall enter into an appropriate amendment to this lease incorporating the condition of the Project or the Premises and no promises actual square footage, with a corresponding pro rata adjustment 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 Minimum Annual Rent and Tenant’s use of the Premises is not materially diminishedProportionate Share.
Appears in 2 contracts
Sources: Sublease Agreement (Compellent Technologies Inc), Lease Agreement (CNS Inc /De/)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of XXXX, State of California, said land or interest therein being shown on the map or plat marked Exhibit “A," attached hereto and by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the above-described Premises occupied by the supports and foundations of the existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("CASp") to determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises as designated on Exhibit A, consisting have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the 6,255 RSFapplicable construction-related accessibility standards under state law. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition Although state law does not require a CASp inspection of the Project subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. This Lease is subject to (1) approval by the Federal Highway Administration (FHWA) for lease use, if Premises are located on an Interstate, and rent at less than fair market value, (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (3) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises and no promises (4) all matters known to alter, repair Tenant 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 Tenant has notice, constructive or otherwise, including, without limitations, those shown on 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 use of the Premises is not materially diminished.attached map Exhibit "A.”
Appears in 2 contracts
Sources: Right of Way Use Agreement, Right of Way Use Agreement
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and 2.1 Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of from Landlord for the 6,255 RSF. Tenant agrees that, except as expressly stated herein term and upon the conditions and covenants set forth in the Work Letter attached to this Lease, no representations or warranties relating . Landlord shall not have the right to relocate Tenant during the condition of the Project or the Premises Lease Term and no promises to alter, repair or improve the Premises have been made by Landlordany Extension Term. Except as may otherwise be expressly provided in this Lease or Lease, 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 lease of the Premises for does not include the purposes right to use the roof, mechanical rooms, electrical closets, janitorial closets, telephone rooms, parking areas or non-common or non-public areas of conducting businessany 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 all Initial Improvementsthe 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 deemed accepted by Tenant. 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 as if the same were a part of the Premises; (b) Tenant shall also have the nonexclusive right, subject be solely responsible to the terms hereof, to use the Common Areas provide janitorial service in respect of any cleaning of the Project. Balconies and to keep any and all personal property of Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land thereon in good order 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 Areasrepair; and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible 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”), upon and subject to the following terms and conditions:
(a) 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 delivery of this Lease, Landlord shall deliver to the Existing Suite 310 Tenant (with a concurrent copy to Tenant) a written lease termination agreement (the “Suite 310 LTA”) in respect of the Existing 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 materially diminishedused; 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 apply:
(i) The Suite 310 Premises shall automatically be included in the Premises covered by this Lease, 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 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 expand 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 upon the following terms and conditions:
(i) Rentals and charges shall commence to be payable in 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 (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 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 Suite 310 Premises at the same escalated rate per rentable square foot as is in effect from time to time for the Premises originally demised hereunder.
(iii) Effective from and after the Expansion Rent Commencement 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 the 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 and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant leases from LandlordLandlord the Premises, subject to the covenants and conditions set forth in this Lease, for the Lease Term commencing on the Lease Commencement Date and expiring on the Expiration Date, unless extended or terminated earlier as otherwise provided in this Lease, as all such terms are hereinafter defined. Tenant shall be entitled to possession of the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees thatLease Commencement Date, and shall yield possession to the Landlord on the Expiration Date, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided herein. For purposes of this Lease, the premises shall consist of a total of approximately 15,197 rentable square feet located on the first (1st) floor (the “Premises”) as more particularly outlined on Exhibit “A” attached hereto and made part of hereof in the building commonly known as ▇▇▇▇▇▇ Lake Corporate Center (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Needham, Massachusetts, together with rights of ingress and egress thereto, and with the right in common with others to use, to the extent applicable, the common passageways, stairways and vestibules, lobbies, hallways, entrances, stairs, and any passageways thereto, toilets, refuse facilities and other areas or facilities within the Building for the general use, convenience and benefit of Tenant and other tenants and occupants of the Building and the common pipes, ducts, vents, laboratory infrastructure, conduits, wires, telephone and electrical closets, and appurtenant equipment serving the Premises or to serve the Premises upon completion of the Initial Improvements or later Alterations; the common walkways, sidewalks, landscaping, driveways and loading docks associated with the Building, and to pass over and park on that portion of the Land owned by Landlord and designated by Landlord on Exhibit “A” for Tenant’s parking. Tenant acknowledges and accepts the rentable square feet as set forth in this Lease and Tenant shall not have the right to demand re-measurement or recalculation of the rentable square feet with respect to the Premises 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord hereby reserves the right, in its sole discretion, at any time and right to re-measure the Building 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 time upon 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, rentable square feet as long as the Premises remain reasonably accessible set forth herein and Tenant’s use Proportionate Share (as defined in Exhibit D) shall be adjusted accordingly, but in no event shall Fixed Rent or Additional Rent increase from the amounts set forth herein as of the Premises is not materially diminishedEffective Date.
Appears in 1 contract
Sources: Lease Agreement (Verastem, Inc.)
Premises. Subject Landlord hereby leases the Premises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to and of any agreements, cross easements and restrictions, as the condition of the Project or the 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 same may be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and amended from time to time, applicable to the Property, all of which Tenant and Landlord shall observe and perform insofar as the same are applicable to the Property; provided, however, that no such agreements, cross-easements or restrictions shall prevent Tenant from exercising its rights under this Lease. Excluded from the Premises are roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Notwithstanding the foregoing, a portion of the Initial Premises on the second floor contains a corridor that runs from the central core area to the loading dock at the rear of the second floor wing of the Initial Premises, which corridor may be utilized by other tenants for access to their premises from the loading dock. Tenant agrees to permit other tenants to utilize and have unhindered access to the corridor from time to time, upon reasonable prior notice from Landlord (which may be oral). Landlord shall have no liability to Tenant arising out of the use of the corridor by other tenants, and their agents, to access the loading dock. However, Landlord shall endeavor to obtain from any third parties utilizing the corridor a waiver of all claims against Landlord and Tenant, reasonably acceptable to Landlord and Tenant, prior to granting such third parties access to the corridor. The term “Initial Premises” as used in this Lease shall mean and include the entire 65,941 square feet of rentable floor area initially leased to Tenant as of the date of this Lease. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Building within a project and/or from time to expand and/or reduce the amount of Land and/or improvements time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallways, stairways, and elevators of the Building, (b) common walkways, roadways, and driveways necessary for access to the Building and the Property, (c) the common parking areas serving the Building, (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities of such floor; and (e) all so-called common areas, facilities and amenities of the Park serving the Property for the benefit of tenants for access, egress and the like, including, without limitation, all roadways, walkways and driveways, and the common on-site cafeteria. The areas and facilities described in clauses (a) through (d) above are referred to as “Building Common Areas.” The areas, facilities and amenities of the Park described to in clause (e) are referred to as “Campus Common Areas.” Tenant shall be permitted, on an unreserved basis, to use up to 1 parking space per 300 rentable square feet of the Premises, in the surface parking area serving the Building; or in a parking area proximate to the Building. Landlord shall have the right to relocate the parking area, or Project consists; any portion thereof, at any time during the term of this Lease, so long as Tenant’s parking rights pursuant to alterthis paragraph are not diminished. If at any time during the term Landlord grants reserved parking to other tenants of the Building, relocatethen Landlord shall similarly provide Tenant reserved parking, reconfigure and/or reduce on a pro-rata basis based upon the Common Areas; Rentable Floor Area of the Premises, at or near the Building. Landlord reserves the right from time to time, without unreasonable interference with use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (d) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to temporarily suspend access license others to portions enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Common AreasBuilding from injury or damage and to support the same. Notwithstanding the foregoing, as long as any installation or relocation to be performed by Landlord within the Premises remain (i) shall be located, to the extent reasonably accessible practicable, within the ceiling plenum, the walls or floors, or within the chases, risers, ducts, conduits, lines, shafts or similar concealed areas and, (ii) in all cases, to the extent reasonably practicable, (1) shall be performed and installed at such times and by such methods as will not materially interfere with Tenant’s use of the Premises, damage the appearance thereof, or reduce the rentable area thereof more than a de minimus amount (provided that any substantial reduction in rentable area shall entitle Tenant to an equitable reduction of rent), (2) shall, if possible, be coordinated and scheduled with Tenant in order to accommodate Tenant’s reasonable business needs, and (3) shall be located where practical and efficient, taking into account Tenant’s use of the area of the Premises is not materially diminishedaffected thereby.
Appears in 1 contract
Sources: Office Lease (Exa Corp)
Premises. Subject to (a) For and in accordance with consideration of the provisions hereofrent to be paid and the covenants to be performed by Tenant under this lease, Landlord leases agrees to lease the Premises to the Tenant, and the Tenant leases agrees to lease the Premises from Landlord, on the Premises as designated on Exhibit A, consisting of the 6,255 RSFterms and conditions set forth in this lease. Tenant agrees that, except Except as expressly stated herein and set forth in the Work Letter attached to this Lease, no representations or warranties relating “the Premises” is described as Space Number Seven (7) on Citizens Dock (“the Dock”) in the County of Del Norte, State of California, more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to the condition place two hoists within each space of the Project or Premises. Tenant shall have the Premises and no promises exclusive right 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 space taken up on the purposes Dock by the base of conducting businessTenant’s hoist, any office space located within the Premises, including freezer space as allocated by this Lease, and for temporary storage containers so long as they do not unreasonably impede access through the Premises by vehicles and pedestrians for other harbor related activities. Placement of storage containers outside the boundary shown on Exhibit A is prohibited. As to the remainder of the Premises, for the term of this Lease, Landlord grants Tenant and its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all Initial Improvementsothers to whom Landlord has or may grant the right, shall be deemed accepted to use the Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by TenantLandlord that govern the use of the Common Areas. ''Common Areas'' means the space within the Premises excepting those areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the nonexclusive rightright to use in common with Landlord, other tenants in the harbor and their employees and invitees, Landlord’s common entrances, restrooms, parking lot and similar areas and facilities in the vicinity of the Premises that are not leased to other tenants, subject to Landlord’s regulation of those facilities. Tenant shall not store anything off the terms hereofPremises on Landlord’s property.
(b) All vehicles using the parking lots shall be operable and removed from the harbor’s parking lots and other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in the harbor unless they are conducting transient loading and unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to use as a “Truck.” All Trucks that are doing any business with Tenant shall be on the Common Areas Dock only when they are actively loading or unloading. If the Truck is waiting, it shall be parked in the boat basin parking lot. Trailers shall never be disconnected from the motor truck or truck tractor. Trucks shall back out on Citizen’s Dock. Trucks are prohibited from attempting to U-turn on the Dock. Trucks are prohibited from being left unattended. Additionally, Trucks doing business with the Tenant are prohibited from parking between the “Y” intersection of the Project. Tenant acknowledges that Dock and the Project is or may become an integrated commercial real estate project including the Building, 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 entrance of the Common AreasDock excepting the unloading area below the fuel dock.
(c) The rights of Tenant under this Lease are subject to and subordinate to any general obligation, as long as the Premises remain reasonably accessible and Tenant’s use bond, Certificate of Participation, loan or other indebtedness of the Premises is not materially diminishedLandlord now in existence or hereafter created.
Appears in 1 contract
Sources: Hoist Space Lease
Premises. Subject Landlord is the owner in fee simple of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). [ALTERNATE FOR SUBLEASES] Landlord is the lessee of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). Landlord has leasehold title to the Real Property pursuant to that certain lease by and between _______________________ ("Prime Landlord") and Landlord as the tenant thereunder, dated as of _______________, a copy of which (with financial and other confidential information redacted by Landlord) is attached hereto as Exhibit "A-1" and made a part hereof ("Prime Lease"). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord certain premises to be constructed on the Real Property as herein provided, which shall contain approximately one thousand two hundred (1,200) square feet of interior sales floor area and that certain area which is approximately two thousand (2,000) square feet, located on the Real Property and designated "NationsRent Storage" on the site plan attached as Exhibit "B", hereinafter referred to as "NationsRent Storage Area" which premises are to be constructed by Landlord in accordance the location shown on the site plan attached as Exhibit "B" and made a part hereof ("Site Plan"), together with the provisions right to use the service drives located behind the Landlord's retail facility located on the Real Property ("Landlord's Retail Facility") for deliveries to the NationsRent Storage Area and the right to use the "Common Areas" (as defined in Article 7 hereof) of the Real Property for their intended purposes (collectively, the "Premises"). Landlord leases to Tenant, and Tenant leases from agree that neither party shall unreasonably block the service drives that are located behind the Landlord's Retail Facility, except for temporary periods of time provided that same does not unreasonably interfere with the Premises as designated on Exhibit A, consisting other party's business or operations. Landlord shall not obstruct or place any property or other items in that portion of the 6,255 RSFsidewalk, loading area or driveway directly in front of Tenant's Premises or materially block any of Tenant's signage. Landlord also grants Tenant agrees that, except as expressly stated herein the right to use the sidewalks and loading area directly in the Work Letter attached to this Lease, no representations or warranties relating to the condition front of the Project or the 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 's Premises for the purposes display of conducting businessTenant's equipment and for loading and unloading Tenant's equipment, provided the Premisessame does not violate any codes, including all Initial Improvementsordinances, regulations, local laws or any reciprocal easement and operating agreement and covenants recorded with respect to the Real Property. Any display of equipment other than directly in front of Tenant's Premises or in the NationsRent Storage Area shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, Landlord's prior approval as to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land duration 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 use of the Premises is not materially diminishedlocation.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to TenantTenant the Premises, but excluding the Common Area (as herein defined) and Tenant leases from Landlordany other portion of the Building, the Premises as designated on Exhibit ALand, consisting of Property and/or the 6,255 RSFProject. Tenant agrees that(i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 IF ANY; AND LANDLORD MAKES NO WARRANTIESWARRANTY OF ANY KIND, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGWITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, BUT NOT LIMITED TOLANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, IMPLIED WARRANTIES FITNESS OR SUITABILITY OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS THE PREMISES FOR A PARTICULAR PURPOSE, IN CONNECTION NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE PREMISES ABSENCE OF ANY TOXIC OR THE INITIAL IMPROVEMENTSOTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant's intended purposes. Upon Tenant’s taking possession On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the Premises for (but not the purposes HVAC system serving the warehouse portion of conducting business, the Premises, including all Initial Improvementsif any) (the “HVAC System”), in good operating condition on the Commencement Date and Landlord warrants that the HVAC System shall continue to operate in good working order for the period ending on the date sixty (60) days after the Commencement Date (the “HVAC Warranty Period”), except to the 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, 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 within thirty (30) days after the Commencement Date, correction of that non-compliance shall be deemed accepted by the obligation of Tenant at Tenant’s sole cost and expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the 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 before 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant hereby acknowledges that the Project is or may become an integrated commercial real estate project including area of the BuildingPremises, the Land Building and other buildingsthe Project set forth in the Basic Lease Information is approximate only, Common Areas and landTenant accepts and agrees to be bound by such figures for all purposes in this Lease. 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 use of the Premises is not materially diminished.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Premises. Subject to the terms and in accordance with the provisions hereofconditions hereof (including, without limitation Section 2.3 below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated on Exhibit APremises, consisting 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 the 6,255 RSF. Tenant agrees that, except as expressly stated herein ingress to and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or egress from the Premises and no promises the streets shown on the Site Plan through the entrances shown on the Site Plan (subject in each case to alter, repair or improve Landlord’s rights pursuant to Section 2.2 to modify 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 configuration of the Premises Center), and an irrevocable right and non-exclusive easement for Tenant, its employees, patrons and invitees to use the Common Areas (including the Parking Areas), for their intended purposes of conducting business, throughout the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightTerm, subject to the terms hereof, to use .
(a) If the Common Areas legal description of the Project. Tenant acknowledges Demised Land (Exhibit B-1) is not attached hereto as of the Effective Date, then Landlord shall prepare same for Tenant’s review and approval pursuant to Section 2.3 below and, upon approval by Tenant, such legal description shall be attached hereto and made a part 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 Premises shall be deemed not to include any land (whether or not depicted on Exhibit A or described on Exhibit B-1 attached hereto) or facilities (including landscaping and hardscape features) that are located outside of the Project is or may become an integrated commercial real estate project including exterior “footprint” of the Building (subject to Tenant’s right to make alterations to the Building in accordance herewith), other than the canopies, building lighting and signage that are attached to the Building, which land and facilities shall be deemed to be “Common Areas” hereunder (such that Landlord, not Tenant shall be responsible for the maintenance and repair of such land and facilities). In addition, if the Demised Land and other buildingshas not been subdivided as a separate lot at the time the legal description thereof is set forth on Exhibit B-1, Common Areas and land. Landlord reserves then at such time as the right, in its sole discretion, at any time and from time to time, to include the Building within Demised Land is subdivided as a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Buildingseparate lot, the Common Areas, or Project consists; Parties will amend Exhibit B-1 to alter, relocate, reconfigure and/or reduce reflect the Common Areas; and to temporarily suspend access to portions legal description of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedDemised Land by reference to its subdivided number on a recorded plat.
Appears in 1 contract
Premises. Subject Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all that tract of land located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ and more fully described by metes and bounds in Exhibit “A” attached hereto (the “Lot”) and outlined in red on Exhibit “A” hereto, together with the building (“BUILDING”) and improvements to be built thereon pursuant to Section 28, including by way of example, not limitation, the lawns, ingress and egress roads, parking lots, parkways, drives, green spaces, parks, driveway areas, sidewalks, drainage facilities, loading areas, and landscaped areas (the Lot, the Building and any other improvements thereon, collectively, the “PREMISES”). Landlord and Tenant 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 to determine the rentable square 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 approval by Tenant, such approval not to be unreasonably withheld, conditioned or delayed. In the event the rentable square footage calculated in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases Measurement Standard differs from Landlordthe rentable square footage set forth in subsection l(b), the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached rentable square footage shall be modified by amendment to this Lease, no representations or warranties relating Lease and the Minimum Rent shall be modified accordingly pursuant to the condition of same amendment based upon the Project or the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedper rentable square foot Minimum Rent ($14.86).
Appears in 1 contract
Sources: Lease Agreement (Realogy Corp)
Premises. Subject to and in accordance with the provisions hereof, 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the Premises as designated on Exhibit Aterms, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein covenants and conditions set forth in the Work Letter attached to this Lease, no representations the space (the “Premises”) substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, which Premises are located in the building (the “Building”) described in the Basic Lease Information. As used in this Lease, the term “Building” shall include the parcel or warranties relating to parcels of land on which the condition Building is located and all appurtenances thereto. During the Lease Term, Tenant shall have the nonexclusive right, in common with other tenants of the Project Building, to use only for their intended purposes of lobbies, entrances, stairs, elevators and other public portions of the Building, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Building. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas; provided, however, Landlord shall use commercially reasonable efforts to not materially adversely affect Tenant’s access to and use of the Premises and no promises parking areas. Tenant shall not interfere with the rights of Landlord and other tenants of the Building to alter, repair use such common areas. All of the windows and outside decks or improve terraces and walls of the Premises have been made by Landlord. Except as otherwise expressly provided and any space in this Lease or the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS ISused for shafts, WHERE IS” condition stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, 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 use thereof and access thereto through the Premises for the purposes of conducting businessoperation, maintenance and repairs, are reserved to Landlord; provided, however, at no additional cost to Tenant, Landlord shall permit Tenant the nonexclusive right, in common with Landlord and other tenants of the Building, to utilize the existing Building risers, raceways, shafts and conduit for the installation and operation of Tenant’s telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with reasonable access, at reasonable times determined by Landlord, to other areas within the Building (other than the premises of other tenants), including the Building’s MPOE (main point of entry), as reasonably necessary for the installation of required infrastructure for Tenant’s telecommunications systems.
1.2 Tenant acknowledges that Tenant has inspected the Premises and the Building or has had the Premises and the Building inspected by professional consultants retained by ▇▇▇▇▇▇, Tenant is familiar with the condition of the Premises and the Building, the PremisesPremises and the Building are suitable for Tenant’s purposes, including all Initial Improvementsand, except for the Landlord’s Work (as defined in Exhibit B) to be constructed or installed by Landlord pursuant to Exhibit B, the condition of the Premises and the Building is acceptable to Tenant. Except for the Landlord’s Work to be constructed or installed by Landlord pursuant to Exhibit B, and as otherwise expressly set forth in this Lease, Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises “as is” on the Commencement Date subject to Landlord’s Work being substantially complete and the Landlord’s Warranty (as defined below). Landlord and Tenant expressly agree that there are and shall be deemed accepted no implied warranties of merchantability, habitability, fitness for a particular purpose, or any other kind arising out of this Lease and there are and shall be no warranties that extend beyond the warranties, if any, expressly set forth in this Lease. Notwithstanding the foregoing, subject to Landlord’s substantial completion of the Landlord’s Work, Landlord shall be responsible for causing as of the Delivery Date, at no cost to Tenant, the structural portions of 1131701.06/SF372493-00050/1-31-20/pwn/pwn -1- the roof, and the Base Building systems (as defined below) to be in good condition and repair, and the Building and Premises to be in compliance with all applicable codes, laws, ordinances, rules and regulations (including, but not limited to in compliance with the American with Disabilities Act (“ADA”)) that were in effect as of the date such improvements were constructed (the “Landlord’s Warranty”). If a non-compliance with the Landlord Warranty exists as of the Delivery Date or any non-compliance is discovered by Tenant within one hundred twenty (120) days following the Delivery Date, then Tenant shall provide written notice of same to Landlord, and Landlord shall rectify such lack of compliance at Landlord’s sole cost and expense; provided, however, that the foregoing shall not diminish Tenant’s responsibility to perform any repairs, modifications or improvements if necessitated after the Delivery Date due to ▇▇▇▇▇▇’s use of the same, ▇▇▇▇▇▇’s Alterations, ordinary wear and tear. For purposes of this Lease “Base Building systems” means all Base Building systems (including, elevator, plumbing, air conditioning, heating, ventilation, electrical, security, life safety and power, and other mechanical and emergency systems for the Building), except (A) those special systems installed for specific tenants (including Tenant), (B) any systems installed by Tenant as part of the Alterations performed by Tenant to the Premises and (C) the portion of any Building system within any specific tenant space (including the Premises) or which exclusively serves such tenant or is otherwise the responsibility of such tenant pursuant to its lease.
1.3 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord.
1.4 Notwithstanding section 1.1 of this Lease relating to use of the common areas of the Building for parking, Tenant shall have the right to use only the number of parking spaces specified in the Basic Lease Information at no additional cost or expense throughout the Lease Term. No parking spaces shall be reserved for the exclusive use of Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas such parking spaces solely for parking automobiles of the ProjectTenant’s officers and employees. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretionshall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant’s parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord.
1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord also states that: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and from time manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to timecorrect violations of construction-related accessibility standards within the premises.” As permitted by the quoted language above, to include it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the Building within a project and/or to expand and/or reduce date on which this Lease has been executed by Landlord and Tenant, (b) the amount of Land and/or improvements of contract under which the Buildinginspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the 1131701.06/SF372493-00050/1-31-20/pwn/pwn -2- contract shall otherwise comply with the provisions of this Lease applicable to Tenant contracts for construction; (c) the CASp inspection shall be conducted (i) at Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions provisions of the Common Areas, as long as the Premises remain reasonably accessible and Article 14 below shall govern Tenant’s use responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant’s expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord’s request. When the Premises work is not materially diminishedsubstantially completed, the estimated and actual costs and charges for such work shall be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay any underpayment to Landlord with the next installment of Rent due hereunder.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Premises. Subject to and in accordance with the provisions hereof, Section 2.1. The Landlord hereby leases to Tenant, the Tenant and the Tenant hereby leases from the Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein upon and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereofand provisions of this lease, to use the Common Areas portion of the Projectbuilding (which portion is sometimes hereinafter referred to as the “demised premises”) shown on Exhibit “A” hereto annexed and made a part hereof as Vitamin World containing approximately 1,500 square feet of floor area. Tenant acknowledges that Excepting and reserving to the Project is Landlord the roof and exterior walls of the building or may become an integrated commercial real estate project including the Building, 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 buildings of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areasdemised premises are a part; and further reserving to temporarily suspend access the Landlord the right to portions of place in the Common Areas, demised premises (in such manner as long as to reduce to a minimum the Premises remain reasonably accessible and interference with the Tenant’s use of the Premises demised premises) utility lines, pipes, and the like, to serve premises other than the demised premises, and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the demised premises as may have been installed in the building.
Section 2.2. The term “Shopping Center” wherever used in this lease is hereby defined to mean only the “Developer’s Tract” portion of the Warwick Mall development (located in Warwick, RI, and comprised of three (3) tracts; namely, the Developer’s Tract, the Macy’s Tract and the Filene’s Tract) as indicated on said Exhibit “A”, including any and all structures, parking facilities, roadways, common facilities and the like built (or to be built) thereon, as the same may from time to time be reduced by eminent domain takings, dedications to public authorities, or exclusions by the Landlord (by written notice to the Tenant) of portions thereof, or increased by the addition of other lands together with structures and the like thereon which may from time to time be designated by the Landlord, by written notice to the Tenant, as constituting a part of the Shopping Center. Anything in this lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Shopping Center as common areas shall not materially diminishedrestrict the Landlord’s use, as it determines for its exclusive benefit, of such areas for buildings or structures and/or for retail or such other purposes as the Landlord shall determine, including, without limitation, the expansion or remodeling of the Shopping Center to include one or more converted or new department stores, other Major Stores and small stores (on the present and/or additional levels), the Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (permanently and/or temporarily) any buildings, structures and roadways anywhere upon, and make use of areas within, the Shopping Center, including but without limitation, the right to erect and maintain any number of so-called “kiosks”, etc., anywhere within the enclosed malls or other common areas of the Shopping Center, for retail or such other purposes as Landlord shall determine.
Appears in 1 contract
Sources: Lease Agreement (Nbty Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, upon the Premises terms and conditions hereinafter set forth, those certain premises (the “Premises”) deemed to consist of 1,184 gross square feet of floor space (the “Rentable Area”) located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ in the building adjacent to the Golf Pro Shop on the Granada Golf Course, also known as designated on Exhibit A, consisting the Granada Snack Shop. [Pending confirmation re size of premises] Although not a part of the 6,255 RSFPremises, the Tenant shall have the right to the use of the 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 Terrace Area while being used or as a result of use by the Tenant or its patrons, and further provided that the Terrace Area is used solely for the placement of outdoor seating for Tenant’s patrons. Tenant agrees that, except as expressly stated herein shall be responsible for the maintenance and repair of the Terrace Area. Tenant acknowledges that there exists in the Work Letter attached City of Coral Gables an ordinance or ordinances regarding the placing of tables and chairs outdoors and that as with all governmental ordinances, it shall be required to this Lease, no representations or warranties relating 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 condition Golf Pro Shop;
b. Tenant shall keep the area clean and free of dirt, rubbish or spilled food (if Tenant fails to keep the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except area clean as otherwise expressly provided in this Lease or the Work Letter attached heretooutlined herein, Tenant agrees to accept pay Landlord the Premises in their current “AS IScost of Landlord cleaning the area, WHERE IS” condition plus a 25% service charge);
c. Tenant shall indemnify and acknowledges that LANDLORD MAKES NO WARRANTIEShold Landlord and its managing agent harmless from and against any and all claims for injury or damage resulting from the tables and chairs or any dirt, EXPRESSED OR IMPLIEDrubbish or spilled food, 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 IMPROVEMENTSwhich indemnity shall survive expiration or earlier termination of this Lease. Upon Tenant’s taking possession of the Premises for the purposes of conducting business, This Lease does not grant any right to light or air over or about the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminished.
Appears in 1 contract
Sources: Retail Lease Agreement
Premises. Subject Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, on the terms and subject to the conditions contained herein, roof top space located at ▇▇▇▇▇ ▇▇▇▇, University of Montana, City and County of Missoula, State of Montana, to locate its communications antenna and associated equipment; access to electricity and other utility facilities required for operation of its communications antennas and associated equipment; and reasonable space within the interior of the building to store necessary and required equipment (collectively, the “Leased Premises”). The Leased Premises may be located adjacent to other leased premises on Lessor’s property (collectively, the “Site”). The space required in the interior and exterior of the leased property, together with such easements as are necessary for the antennas and initial installation shall be described on attached Exhibit A (“Exhibit A”). The parties acknowledge and agree that Lessee intends to locate at the Leased Premises: a broadband communications antenna and associate cables, wires, electrical equipment, base station, storage cabinets and/or fencing (the “Antenna Facilities”). The Leased Premises may be used only for the installation, maintenance, and operation of Lessee’s equipment in accordance with F.C.C. licenses held by Lessee. Lessor hereby reserves the provisions hereofright to require Lessee to move its antenna locations to a reasonable distance on the transmission roof top to accommodate Lessor’s own needs for its antennas and/or the needs of other Lessees. Lessor grants to Lessee reasonable access to the Leased Premises for purposes of installation, Landlord leases to Tenantmaintenance, modification, relocation, and Tenant leases from Landlordremoval or the Antenna Facilities. Lessee further acknowledges that it has examined the Leased Premises prior to the making of this Agreement, and knows the Premises condition thereof, and that no representation as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition or state of the Project or the Premises and no promises to alter, repair or improve the Premises repairs thereof have been made by Landlord. Except as otherwise expressly provided in this Lease the Lessor, or its agent, which are not herein expressed, and Lessee hereby accepts the Work Letter attached hereto, Tenant agrees to accept the Leased Premises in their current “AS IS, WHERE IS” present 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 at the Effective Date of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedthis Agreement.
Appears in 1 contract
Sources: Building and Rooftop Lease Agreement
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated Landlord that certain office space ("Premises") which is outlined on Exhibit "A" attached hereto and incorporated herein by this reference, consisting being situated on the 2nd floor of that certain office building ("Building') known as ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The square footage in Exhibit "A" also includes 44 square feet as the Tenant's share of the 6,255 RSFcommon stairways, hallways, restrooms and other useable square feet that are part of the Building and which are charged pro rata to all other tenants of the Building. The inclusion of the Tenant's pro rata share of the common areas as part of the rentable square footage is in lieu of any common area expense charged to the Tenant agrees that, except as expressly stated herein and in for the Work Letter attached to base year. By executing this Lease, no representations or warranties relating Tenant acknowledges that the square footage represented in Exhibit "A" is based on the Landlord's measurements and Tenant has had the opportunity to make its own measurements with respect to the condition square footage. Nothing contained in Paragraph 2 of the Project or Lease shall be deemed to be a representation by Landlord as to the actual square footage of the Premises leased hereby. It is understood that Tenant has relied on his own measurements and no promises to alterinvestigations with regard thereto, repair and has not placed any reliance on Landlord or improve any of his agents, employees, or independent contractors with regard thereto. The Premises exclude the Premises have been made by Landlordcommon stairways, stairwells, hallways, access ways and pipes, ducts, conduits, wires and appurtenant fixtures serving exclusively or in common other parts of the Building. 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 By taking possession of the Premises for the purposes of conducting business, the Premises, including all Initial ImprovementsTenant accepts the improvements as completed or as substantially completed, and in the latter case, Landlord shall provide Tenant with a list of incomplete and/or corrective items to be deemed accepted acknowledged by Tenant, which Landlord shall complete and correct promptly thereafter. Tenant shall also have the nonexclusive right, Said Lease is subject to the terms hereofterms, covenants, conditions and agreements hereinafter set forth, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land each 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 all of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; Landlord and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedTenant hereby mutually agree.
Appears in 1 contract
Sources: Office Building Lease (American Dream Entertainment Inc)
Premises. Subject (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the Term, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises. Not included in the Premises are the roof, exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises consist of less than the entire rentable area of any floor, the central core area of such floor, if any.
(b) Tenant shall have, as an appurtenance to the Premises, rights to use in common with others, subject to reasonable rules and regulations established from time-to-time by Landlord of which Tenant is given notice: (1) the common lobbies, hallways, stairways, loading docks and bays, and elevators of the Building; (2) common walkways necessary for access to the Building; and (3) if the Premises consist of less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor.
(c) Landlord reserves the right from time-to-time the following rights: (1) to install, use, maintain, repair, replace and relocate for service to the Premises and/or other parts of the Building the areas within the Premises above the dropped ceiling and below the floor for pipes, ducts, conduits, wires and appurtenant fixtures, (2) to alter or relocate any other common facility, (3) to make any repairs and replacements to the Premises which Landlord is obligated to perform, and (4) in connection with any excavation made upon adjacent land of Landlord or others, to enter and to permit others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the walls of the Building from injury or damage and to support the same.
(d) In connection with the exercise of the foregoing rights of access (excepting routine access such as access for providing cleaning, repair or maintenance services, or other usual and customary services) Landlord shall provide Tenant notice pursuant to Section 6.1.6 and exercise reasonable efforts (i) to minimize interference with the usual and customary operations of the Tenant in the Premises in accordance with the provisions hereofof this Lease, and (ii) to cause any construction work performed in the Premises to be performed in a workmanlike manner.
(e) As an appurtenance to the Premises, for the period of time through October 31, 2013, Tenant shall receive four (4) parking passes for use in the Boston Harbor Garage. Tenant will pay to Landlord, as Additional Rent, the rate established by the operator of the Boston Harbor Garage from time to time for such parking passes. If, at any time, including, without limitation during any portion of the Term after October 31, 2013, such parking passes are not available in the Boston Harbor Garage, then Landlord leases shall provide Tenant with four (4) parking passes for use at a comparable parking garage located within a four (4) block radius of the Building, and Tenant will pay to Landlord, as Additional Rent, the rate established by the operator of such garage from time to time for such parking passes.
(f) Tenant shall have, as an appurtenance to the Premises, subject to reasonable rules and regulations established from time-to-time by Landlord and notice of which is provided to Tenant, the right to install, operate, and maintain an antenna, satellite dish or similar telecommunication equipment on the roof of the Building, together with lines and cables connecting such equipment in the existing risers of the Building (collectively, the “Rooftop Equipment”). All Rooftop Equipment (including, the size, location, weight and manner of attachment thereof) and any penetrations of, or changes, alterations or other improvements on or to the roof of the Building, shall be subject to the prior approval of Landlord in each instance, such approval not to be unreasonably withheld. Tenant leases from shall be solely and exclusively responsible for all costs, expenses and charges, of every kind, of installing, operating, maintaining, repairing, replacing, and removing the Rooftop Equipment and Landlord shall have no liability or obligation in connection therewith. If, in the reasonable judgment of Landlord, any electrical, electromagnetic, radio frequency or other interference shall result from the Premises operation of any of the Rooftop Equipment, and such interference has not been corrected to the reasonable satisfaction of Landlord within thirty (30) days after notice thereof to Tenant (which notice shall be accompanied by a reasonably detailed technical analysis as designated on Exhibit to the basis of Landlord’s judgment), then Landlord may require that Tenant immediately remove from the specific item of equipment causing such interference. Tenant shall, at its sole cost and expense, and at its sole risk, install, operate and maintain the Rooftop Equipment in a good and workmanlike manner, and in compliance with all electric, communication, and safety codes, ordinances, standards, regulations and requirements, now in effect or hereafter promulgated, including those established by the Federal Communications Commission (the “FCC”), the Federal Aviation Administration (“FAA”) or any successor agency of either the FCC or FA A, consisting the City of Boston, and the rules and regulations adopted in FCC document OET 65 (which rules and regulations have also been adopted by OSHA). Landlord shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the Rooftop Equipment or to the roof area as a result of any act, omission or requirement of the 6,255 RSFpublic utility serving the Building, or the act or omission of any other tenant, invitee or licensee or their respective agents, employees or contractors, or for any other Force Majeure Event. Neither Landlord nor its agents shall have any responsibility or liability for the conduct or safety of any of Tenant’s representatives, repair, maintenance and engineering personnel while in or on any part of the roof area. Tenant agrees thatshall have no right of access to the roof of the Building unless Tenant has given Landlord reasonable advance notice and unless Tenant’s representatives are accompanied by a representative of Landlord. Landlord will make a representative available to Tenant (i) during Ordinary Business Hours upon reasonable advance notice and (ii) during emergencies, except as expressly stated herein and in soon as practicable (taking into account the Work Letter attached to circumstances) after receipt of a request from Tenant. At the expiration or prior termination of this Lease, no representations or warranties relating Tenant shall remove all of the Rooftop Equipment (including all cables and conduits installed in connection therewith) and shall be responsible for the cost of repairing any damage to the condition Building caused by the installation or the removal of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landRooftop Equipment. Landlord reserves shall have the right, in upon thirty (30) days notice to Tenant, relocate the Rooftop Equipment to another area on the roof of the Building equally suitable for Tenant’s use. In such event, Landlord may, at its sole discretioncost and expense, at any time and from time to time, to include relocate 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 use of the Premises is not materially diminishedRooftop Equipment.
Appears in 1 contract
Sources: Sublease (Tokai Pharmaceuticals Inc)
Premises. Subject Landlord hereby leases and demises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating the Premises. Tenant shall have, as appurtenant to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, right to use in common with others, if any, entitled thereto (i) the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including common areas and common facilities, if any, included in the Building, on the Land Lot or in the Complex, (ii) the building service fixtures and other buildingsequipment serving the Premises, Common Areas and land(iii) subject to Section 10.14 hereof, (a) the right to use that number of nonreserved parking spaces determined by dividing the Rentable Square Footage (as the same shall be determined pursuant to Section 2.3 hereof and as the same may be increased pursuant to Section 10.11 hereof) by 500 ("Tenant's Parking Spaces") in the underground parking garage located south of Kendall Street as shown on Exhibit A hereto (the "Garage") and (b) th▇ ▇▇▇▇▇ to use that number of nonreserved Valet Parking Spaces, as such term is defined and such number is determined pursuant to Section 10.14 hereof. To the extent that the Premises includes all of the rentable square footage on a particular floor of the Building, Tenant shall have exclusive use of the common areas on such floors, but Landlord shall have the rights set forth in the next paragraph hereof. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant's use, (a) to include install, repair, replace, use, maintain and relocate for service to the Building within a project and/or Premises and to expand and/or reduce the amount other parts of Land and/or improvements of which the Building, or either, building service fixtures and equipment wherever located in the Common AreasBuilding, or Project consists; to alter, relocate, reconfigure and/or reduce including the Common Areas; and to temporarily suspend access to portions perimeter walls of the Common AreasPremises, on the roof of the Building, in mechanical penthouses and in any space in or adjacent to the Premises used for shafts, stacks, pipes, conduits, wires and appurtenant fixtures, ducts, electric or other utilities, telecommunications equipment or other Building facilities, as long well as the right of access (which right of access shall be at reasonable times and upon reasonable notice, except in the case of emergency) through the Premises remain reasonably accessible for the purpose of operation, maintenance and Tenant’s use repair, provided, however, that the Annual Fixed Rent, Additional Rent (as defined in Section 4.2 hereof) and other charges payable hereunder by Tenant shall be proportionally reduced in the event that any such installation or relocation of service materially reduces the usable floor area of the Premises is (other than a temporary reduction to accommodate installation, repair, replacement, maintenance and relocation of such service); notwithstanding the foregoing provisions of this clause (a), to the extent that the Premises include all of the rentable square footage on a particular floor of the Building, Landlord's right to install, repair, replace, use, maintain and relocate such building service fixtures and equipment on such floor of the Building shall be limited to placing or installing such building service fixtures and equipment in shafts, pipes, stacks, conduits, chases and risers located within the central core common area of such floor or in such other locations on such floor as may be set forth in the Final Design Documents; (b) to construct, alter or relocate any Building Common Areas and/or Complex Common Areas (provided that, except for any construction, alteration or relocation of Complex Common Areas required or permitted by the Development Approvals or Subsequent Approvals, no such construction, alteration or relocation of any such Complex Common Areas shall substantially or materially increase any payments due from Tenant under this Lease and any such construction, alteration or relocation shall be substantially similar in quality and utility to Complex Common Areas being altered or relocated or substantially similar to common areas of first-class, mixed use projects in the Relevant Market); and (c) after construction of the Building to construct, alter or relocate any Building Common Areas , subject to approval by Tenant, such approval not materially diminishedto be unreasonably withheld, delayed or conditioned.
Appears in 1 contract
Sources: Lease (BioMed Realty Trust Inc)
Premises. Subject to and in accordance with the provisions hereof, Section 1.1 Landlord leases to Tenant, and Tenant leases from Landlord, for the Premises Term (as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein defined below) and in the Work Letter attached to this Lease, no representations or warranties relating subject to the condition provisions hereof, to each of the Project or the Premises which Landlord 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 businessmutually agree, the Premises, including all Initial Improvementstogether with the right to use, in common with others, the lobby, entrances, stairs, elevators, and other public areas of the Building (the "Common Areas").
(a) The Rentable Area of the Premises is approximately as stated in the Basic Lease Information; provided, however that Landlord shall, upon completion of the Premises, cause precise measurements of the Building and the Premises to be made by the Building architect, in accordance with the Washington D.C. Association of Realtors Standard Method of Measurement attached as Exhibit D-1 hereto, except as otherwise provided in the first paragraph of Exhibit D-1. The Building architect shall promptly deliver a certificate of the precise Rentable Area of the Building and the precise Rentable Area of the Premises to Landlord and Tenant, and the Rentable Area of the Premises and Tenant's Proportionate Share shall be adjusted upward or downward accordingly. The Rentable Area of the Building and the Rentable Area of the Premises, as finally determined pursuant to this Section 1.2, and the Annual Base Rental and Tenant's Proportionate Share based thereon, shall be deemed accepted set forth in the Certification of Rent Commencement Date to be executed by the parties pursuant to Section 2.3 hereof.
(b) The Rentable Area of the Premises determined pursuant to this Section 1.2 shall be used as the basis for the computation of all items of Rental (as hereinafter defined), including Annual Base Rental, Tenant. Tenant 's Basic Costs (as hereinafter defined) and Tenant's Utility Costs (as hereinafter defined), and each such item shall also have be recomputed, if necessary, based on such Rentable Area of the nonexclusive right, Premises.
(c) The Rentable Area of the Building is subject to change from time to time in connection with changes to the terms hereofBuilding and/or to the premises of other tenants thereof. At the request of Landlord, to use accompanied by a certificate from the Common Areas Building architect of the Project. Tenant acknowledges that Rentable Area of the Project is or may become an integrated commercial real estate project including Premises and the Rentable Area of the Building, the Land and other buildingsTenant shall, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include execute instruments confirming 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 use Rentable Area of the Premises is not materially diminished.and the Rentable Area of the Building. EXHIBIT 10.16
Appears in 1 contract
Sources: Lease Agreement (Bioreliance Corp)
Premises. Subject to 1.1 The Premises are located on the 4th floor of the Building at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇. The location of the Premises is outlined and crosshatched on Exhibit "A".
1.2 As used in accordance with this Lease, the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, term Rentable Area means the sum of (i) the total area within the Premises as designated on Exhibit Ameasured from the interior surface of exterior glass, consisting or exterior walls and from the midpoint of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations demising walls or warranties relating to the condition of the Project or walls separating the Premises from areas devoted to lobbies, corridors, hallways, elevator foyers and no promises to altershafts, repair restrooms, mail rooms, mechanical rooms and shafts, janitor closets and other similar facilities used by tenants 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 benefit of conducting business, tenants on
1.3 Landlord reserves the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject right to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including change the Building, the Land number of floors, the arrangement and other buildings, location of the Interior Common Areas and land. Landlord reserves the right, Facilities 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 and the amount of Land and/or improvements of which the Buildingshape, the Common Areaslocation, or Project consists; to alterlevels, relocate, reconfigure and/or reduce the Common Areas; arrangement and to temporarily suspend access to portions dimensions of the Common Areas, as long as including any space reservations in the Automobile Parking Area. Notwithstanding the above, Landlord shall not modify or relocated the Premises remain reasonably accessible in any respect without the prior written approval of Tenant.
2.1 The term of this lease ("Lease Term") shall be for a period of ten (10 ) years, plus the 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 Tenant’s use '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 occupancy has been issued, with or without actual entry by Tenant ("Commencement Date").
2.3 Upon Tenant's taking possession of the Premises is not materially diminishedPremises, both parties agree to execute a written memorandum setting forth the Commencement Date, the date on which this Lease expires ("Expiration Date") and the stipulated Rentable Area as adjusted under Section 1.2.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord leases to Tenant, Tenant and Tenant leases from ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, which the parties stipulate and agree is 7,268 rentable square feet as 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, made a part hereof and marked as designated on Exhibit A, consisting “B”. Landlord shall only be responsible for payment of a maximum cost of $15.00 per rentable square foot (an amount equal to $109,020.00) for the Landlord’s Work (the “Landlord Allowance”). All costs of the 6,255 RSFLandlord’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 be requested and paid prior to the Commencement Date or forfeited. The Tenant Allowance shall be 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 for occupancy. Tenant agrees thatshall have the right to select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. In addition to the Landlord Allowance, except as expressly stated herein and 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 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 Letter attached to this Leaseobtain all permits, no representations or warranties relating approvals and certificates of occupancy for Tenant to the condition of the Project or operate in the Premises and no promises to alter, repair or improve the Premises have been made by Landlordfor its Permitted Use. Except as set forth herein or otherwise expressly provided in this Lease or the Work Letter on Exhibit B attached hereto, Tenant acknowledges and agrees that Landlord has no obligation under the Lease to accept 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, 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Projectcondition. Tenant acknowledges that the Project Leasehold Improvements (as defined in Exhibit B) will be completed while Tenant is occupying the Premises, and may interfere with or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landdisrupt Tenant’s business or otherwise inconvenience Tenant. 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 Landlord’s completion of the Common Areas, as long as the Premises remain reasonably accessible and Leasehold Improvements during Tenant’s use occupancy of the Premises is will not materially diminishedbe 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 in connection with such construction, and subject to all of the insurance provisions herein.
Appears in 1 contract
Sources: Lease (Actua Corp)
Premises. Subject to and in accordance with the provisions hereof, Landlord Lessor hereby leases to TenantLessee, and Tenant Lessee leases from LandlordLessor, for the Premises term, at the rental and upon all the conditions set forth herein, that certain real property situated in the County of Maricopa, State of Arizona, commonly known as designated 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 expense, (see Exhibits "A" through "E" attached hereto). Office improvements are to be constructed by Lessor at its sole cost and expense, as shown on Exhibit A"B" attached hereto. The building tenant improvements and the 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, consisting 1990. The building 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 reflected on Exhibit "D". The square footage of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to building space being leased under the terms hereof, is approximately 81,514 square feet. Any improvements to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the rightPremises, in its sole discretionaddition to the Tenant Improvements described above, at any time and which may be desired by Lessee from time to time, to include time during the Building within a project and/or to expand and/or reduce the amount Term 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 Areasthis Lease, as long may be extended, shall be constructed or installed by Lessor if requested by Lessee, and provided that Lessor agrees to 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 such amounts as may be reasonably agreed to by Lessor and Lessee. Such real property, including land and improvements, and the Premises remain reasonably accessible and Tenant’s use of parking facilities, as above described, are hereafter called "the Premises is not materially diminishedPremises".
Appears in 1 contract
Sources: Lease (Schein Pharmaceutical Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Way, San Jose, California (the “Building” or the “110 Building”). The Building is a part of the multi-building office project shown on attached Exhibit A (the “Project”) which Project consists of five (5) buildings, surface parking areas (“Parking Areas”), plaza areas, landscaping and other improvements. The land on which the Project is located and the improvements thereon are referred to herein as the “Real Property.” Tenant’s lease of the Premises as designated on Exhibit Ashall include the right to use, consisting in common with others and subject to the other provisions of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Real Property that are pertinent to Tenant’s occupancy and use of the Premises (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions and restrictions, easements and reciprocal easement agreements (“CC&Rs”), currently or warranties relating hereinafter affecting the Real Property and agrees that this Lease shall be automatically be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and this Lease will not be subordinate to, any CC&Rs created after the date hereof which have a materially adverse effect on Tenant’s use of or access to the condition Premises or Parking Areas, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, except to the extent the same are mandated by law. All of the Project or windows and outside walls of the Premises and no promises to alter, repair or improve any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall 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 rights of access through the Premises for the purposes purpose of conducting businessoperating, maintaining and repairing the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedsame.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Premises. Subject Landlord hereby leases to Tenant and in accordance Tenant hereby leases from Landlord the Premises. The Premises are to be improved with the provisions hereof, Landlord leases to “Landlord’s Work” and “Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and ’s Work” described in the Work Letter Agreement, a copy of which is attached to hereto as Exhibit “B” (the “Work Letter Agreement”). Provided that Landlord achieves Substantial Completion of Landlord’s Work in accordance with this Lease, no representations or warranties relating to Landlord and Tenant hereby stipulate and agree that the condition rentable square footage of the Project 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 down) to reflect the actual number of rentable square feet in the Premises. Tenant shall have access to the Premises and no promises to alterall Common Areas 24 hours a day, 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 also have the nonexclusive rightseven days a week, subject to closures due to emergency, casualty, or maintenance. In addition to Landlord’s Work, Landlord shall make the terms hereof, following improvements to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 (and the cost of making such improvements shall not be charged against the Tenant Improvement Allowance or otherwise charged to Tenant):
(1) Qwest telecommunication service at a project and/or standard to expand and/or reduce the amount of Land and/or improvements of be agreed among Landlord, Tenant, and Qwest communications, which the Building, the Common Areas, or Project consists; service standard shall be determined by Tenant 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 be suitable for Tenant’s use of the Premises is not materially diminishedPremises;
(2) common area improvements as mutually agreed to the Building lobby, hallways, and bathrooms;
(3) audible fire alarm systems necessary to meet applicable fire code;
(4) if, but only if, required by City of Auburn, new light fixtures required to meet applicable energy code;
(5) parking lot striping and surface repairs to failed asphalt;
(6) updated landscaping, including new bark;
(7) all mechanical systems, including HVAC, and all electrical systems to be in good working order.
Appears in 1 contract
Sources: Office Lease (Zones Inc)
Premises. Subject 2.1. In consideration of the Rent hereby agreed to be paid to Lessor by Lessee and in accordance with the provisions hereofagreements and covenants herein made by Lessee, Landlord during the Lease Term, Lessor hereby leases to TenantLessee the Leased Premises, and Tenant leases from Landlord, grants the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, right to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project Leased Buildings, including the Special Common Areas for Lessee’s use and the right to use the Common Areas of the Lessor Complex, and the right to use the Joint Use Areas of the Leased Buildings upon the terms and conditions contained herein.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Lessor Complex for the purpose of using the Leased Premises in accordance with this Agreement, (ii) to use the Common Areas of the Leased Building and (iii) to pass and ▇▇▇▇▇▇ to and from and through the Leased Buildings or any part thereof over and along roads, accessways, paths, hallways, corridors, highways and usable areas in, over, under and between the Leased Buildings, skybridges, including those connecting C2 Building and R Building and C2 Building and Assembly Building, the Land walkways, arcades and all landscaped areas (including pools and fountains) and other buildingsthoroughfares within the Lessor Complex owned by Lessor (together, the “Common Areas of the Lessor Complex”), provided that Lessee shall fully comply with all Applicable Laws and landapplicable Rules and Regulations. 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 Lessor represents that all 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 such portions of the Common AreasLessor Complex are available for use by Lessee for the purpose of using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, as long as in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws (a) to stop any such reduction by injunction, whether such reduction arises from the Premises remain reasonably accessible acts of Lessor, or any other party claiming an interest in the Lessor Complex against Lessor and Tenant’s use (b) to reduce the rights granted by Lessee to Lessor under Section 2.2 of the Lessee Complex Lease Agreement. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee.
2.3. In addition, Lessor hereby grants to Lessee a right to register the lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises is not materially diminished.(the “Lease Right”) with the relevant real property registry offices for a term of the Lease Term. The Parties each upon the request of the other agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the priority of the Lease Right (the “Second Priority”), subordinate only to the registered rights of Lessor’s mortgagees, and any re-financing or replacement of their mortgage loans (each, a “Financing”) secured against the Leased
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. Subject The real property and the leases described on SCHEDULE 4.11 represent all the real property owned (the "CSL OWNED PREMISES") or leased or subleased (the "CSL LEASED PREMISES") and the real property leases and subleases (the "CSL LEASES") entered into or assumed by CSL or any CSL Subsidiary, and, with respect to the Leased Properties, SCHEDULE 4.11 sets forth the date of the lease and each amendment thereto and the aggregate annual rental payments and other fees payable under such lease. Except as set forth on SCHEDULE 4.11, each of the CSL Leases is in full force and effect, and there is not under any of the CSL Leases any existing default or event of default, except for any such defaults or notices that singly or in the aggregate could not reasonably by expected to result in a CSL Material Adverse Change. CSL and each CSL Subsidiary has good and marketable title to each of the CSL Owned Premises and except as set forth on SCHEDULE 4.11, each CSL Lease conveys good and marketable leasehold title to the CSL Leased Premises purported to be conveyed thereunder, is enforceable by CSL or any CSL Subsidiary which is the lessee thereunder, provides exclusive possession of the CSL Leased Premises leased thereunder, and, subject to the receipt of non-disturbance agreements with respect to such CSL Leases, following the Transactions will continue to be enforceable in accordance with its terms. Except as set forth on SCHEDULE 4.11, CSL or each CSL Subsidiary has the right to use its respective CSL Leased Premises in accordance with the provisions hereof, Landlord leases to Tenant, terms of each respective CSL Lease free and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting clear of all Claims. Each of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and CSL Leased Premises currently used in the Work Letter attached CSL Business ("CSL OCCUPIED LEASED PREMISES") is adequately maintained, fully equipped with all necessary utilities and is in reasonably satisfactory condition and repair, consistent with the uses to this Leasewhich it is presently being put or intended to be put. To CSL's Knowledge, there is no representations violation of any material covenant, restriction or warranties other agreement or understanding, oral or written, affecting or relating to the condition title or use of any CSL Leased Premises. Neither CSL nor any CSL Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the Project or the 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 CSL Leased Premises, including nor to CSL's Knowledge is any such condemnation or assessment contemplated by any Governmental Authority. CSL has delivered to CNS true and correct copies of all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 AreasCSL Leases, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedamended to date.
Appears in 1 contract
Sources: Merger Agreement (Innovative Clinical Solutions LTD)
Premises. Subject Landlord hereby leases the Premises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to excluding exterior faces of exterior walls, the condition of common lobbies, hallways, stairways, stairwells, elevator shafts and other common areas, and the Project or escalators, elevators, pipes, ducts, conduits, wires and appurtenant fixtures and other common facilities serving the common areas, the Premises and no promises the premises of other tenants in the Building. Tenant shall have, as appurtenant 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 Improvementsrights to use, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightin common with others, subject to the terms hereof, reasonable rules of general applicability to use the Common Areas tenants of the Project. Building from time to time made by Landlord of which Tenant acknowledges that is given written notice: (a) the Project is or may become an integrated commercial real estate project including common lobbies, hallways and stairways of the Building, (b) the common elevators, pipes, ducts, conduits, wires and appurtenant fixtures and other common facilities serving the Premises, (c) common walkways and driveways (if any) necessary for access to the Building, and (d) if the Premises include less than all of the rentable area of any floor of the Building, the Land common toilets and other buildingscommon facilities located on such floor. If Landlord so requests by at least one hundred twenty (120) days prior written notice to Tenant, Common Areas Tenant shall vacate the Premises and land. relinquish its rights with respect to the same provided that Landlord reserves the right, shall provide to Tenant substitute space 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, such space to be reasonably comparable in size, layout and finish to the Common AreasPremises, and further provided that Landlord shall, at its sole cost and expense, move Tenant and its equipment, furniture and other removable personal property from the Premises to such new space in such manner as will minimize, to the greatest extent practicable, undue interference with the business or Project consists; operations of Tenant and shall reimburse Tenant for all reasonable out of pocket costs and expenses related to alterrelocating of telephone and computer lines, relocateany utility charges and any replacement of existing stock of any obsolete stationary where necessary. Any such substitute space shall, reconfigure and/or reduce from and after the Common Areas; and to temporarily suspend access to portions of the Common Areasdate such space is so provided, as long be treated as the Premises remain reasonably accessible demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease; there shall be no increase in Annual Fixed Rent or Tenant’s Percentage regardless of any possible increase in square footage; and in the event the rentable square footage is less, then Annual Fixed Rent, and Tenant’s use of the Premises is not materially diminishedPercentage shall be correspondingly reduced.
Appears in 1 contract
Premises. Subject to Landlord does hereby demise, let, rent and in accordance with the provisions hereof, Landlord leases to lease unto Tenant, and Tenant hereby leases and rents from LandlordLandlord a portion of a certain condominium unit currently under construction owned by Landlord consisting of 3,074 square feet of warehouse space and 9,000 square feet of office space located in a building commonly known as Pilgrim V on land in Waterbury, Vermont (the "Premises") which is a portion of the land identified as Site A and Site G shown on the Plan of Pilgrim Commercial Park Condominiums, dated March, 2005, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Consulting Engineer, P.C. and attached as Exhibit D to the Declaration of Pilgrim Commercial Park Condominiums dated March 24, 2005, recorded at Volume 233 at Page 163 of the Town of Waterbury Land Records, as the same has been or may be amended from time to time (said Declaration being hereinafter referred to as the "Declaration" and said plan being hereinafter referred to as the "Plan""). The Premises as designated are depicted on Exhibit A, consisting of the 6,255 RSFA attached hereto and incorporated herein by reference. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating In addition to the condition of the Project or the Premises and no promises to alterforegoing, 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 also have a non-exclusive right to use the nonexclusive rightroads, open spaces and other common areas included within Pilgrim Commercial Park Condominiums for access to the Premises, subject to the terms hereof, to limitations on the use thereof (if any) included in the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land applicable condominium declaration and other buildings, Common Areas and landgoverning documents. 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 The entire building upon which the Building, the Common Areas, or Project consists; Premises are located shall hereinafter be referred 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 use of the Premises is not materially diminished"Building".
Appears in 1 contract
Sources: Lease Agreement (Green Mountain Coffee Roasters Inc)
Premises. Subject Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit “B” attached hereto, together with certain easement for access rights. (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 in accordance development space, together with related parking facilities and other improvements necessary to enable to the provisions hereofBuilding to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the “Improvements). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(1) (hereinafter referred to as the “Premises” or “Leased Premises”), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01(1) has been added to the area as measured above to adjust for Tenant’s proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and 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 are hereby reserved to Landlord, . Landlord reserves (a) such access rights through the Premises as designated on Exhibit A, consisting may be reasonably necessary to enable access by Landlord to the balance of the 6,255 RSFbuilding 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. Tenant agrees thatIn exercising such rights, except Landlord will use reasonable efforts so as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or not commit waste upon the Premises and no promises as far as practicable to alterminimize annoyance, repair interference or improve damage to Tenant when making modifications, additions or repairs. Subject to the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached heretoprovisions of Article VIII and Section 27.11, Tenant agrees to accept the Premises in their current “AS ISand its customers, WHERE IS” condition agents 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 also invitees have the nonexclusive right, subject right to the terms hereofnon-exclusive use, to in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including within the Building, the Land and other buildingsexcept that with respect to non-exclusive areas, Common Areas and landTenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord reserves shall have the rightright to designate, in its sole discretionbusiness judgment, at any time certain spaces as “customer” parking spaces and from time Tenant shall use its best efforts to time, cause its employees not 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 use of the Premises is not materially diminishedpark in said customer parking.
Appears in 1 contract
Sources: Lease Agreement (Amedica Corp)
Premises. Subject to 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 contains the square footage specified in accordance with the provisions Basic Lease Information; provided, however, that any statement of square footage set forth in this Lease, or that may have been used in calculating any of the economic terms hereof, is an approximation which Landlord leases to Tenant, and Tenant leases from Landlordagree is reasonable and, except as expressly set forth in Paragraphs 4(d)(iii) and 4(d)(v) below, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. The location and dimensions of the Premises as designated are depicted on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated which is attached hereto and incorporated herein and in the Work Letter attached to by this Lease, no representations or warranties relating to the condition of the Project or the 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 Tenantreference. Tenant shall also have the nonexclusive rightnon-exclusive right (in common with other tenants, subject to the terms hereof, 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 non exclusive parking spaces set forth in the Basic Lease Information in the Project’s parking areas (the “Parking Areas”). No easement for light or air is incorporated in the Premises. For purposes of this Lease, “Common Areas” means all areas and facilities outside the Premises and within the exterior boundary line of the Project. Project that are provided and designated by Landlord for the non-exclusive use of Landlord, Tenant acknowledges that and other tenants of the Project is or may become an integrated commercial real estate project including the Buildingand their respective employees, the Land and other buildings, Common Areas and landVisitors (as defined below). Landlord reserves has the right, in its sole discretion, at any time and from time to time, to: (a) make changes 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 consistsincluding, without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, ingress, egress, direction of driveways, entrances, corridors and walkways; to alter, relocate, reconfigure and/or reduce the Common Areas; and to (b) close temporarily suspend access to portions any of the Common Areas, as Areas so long as reasonable access to the Premises remain reasonably accessible remains available; (c) add additional buildings and improvements to the Common Areas or remove existing buildings or improvements therefrom; (d) use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof; and (e) do and perform any other acts or make any other changes in, to or with respect to the Common Areas and the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however that Landlord’s rights in subheadings (a) through (e) of this sentence shall be subject to the condition that the exercise of such rights (i) do not materially and permanently reduce the number of parking spaces provided to Tenant in the Basic Lease Information, or (ii) materially and adversely impact Tenant’s use of or access to the parking or the Building. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, meters, and equipment for service to the Premises or to other parts of the Building which are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building which are located within the Premises or located elsewhere in the Building. Landlord shall use commercially reasonable efforts while conducting such activities to minimize any interference with Tenant’s use of the Premises. No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. If at any time any windows of the Premises are temporarily darkened or the light or view therefrom is not materially diminishedobstructed, the same shall be without liability to Landlord and without any reduction or diminution of Tenant’s obligations under this Lease. Landlord shall have the absolute right at all times, including an emergency situation, to limit, restrict, or prevent access to the Premises, the Building, and/or the Project in response to an actual, suspected, perceived, or publicly or privately announced health or security threat.
Appears in 1 contract
Premises. Subject Landlord hereby leases the Premises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases the Premises from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to and of any agreements, cross easements and restrictions, as the condition of the Project or the 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 same may be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and amended from time to time, applicable to include the Park, all of which Tenant and Landlord shall observe and perform insofar as the same are applicable to the Property. Excluded from the Premises are the roof, exterior surfaces of exterior walls, and the pipes, ducts, conduits, wires and appurtenant fixtures of the Building within a project and/or (and any areas such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures). However, Tenant shall have the right, in common with Landlord, to expand and/or reduce use the amount pipes, ducts, conduits, wires and appurtenant fixtures of Land and/or improvements the Building as reasonably necessary for Tenant’s telecommunications cabling and wiring. Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Park, from time to time made by Landlord of which Tenant is given notice: (a) the common walkways, roadways, and driveways necessary for access to the Building and the Property, (b) the common parking areas serving 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 (c) all so-called common areas and amenities of the Common AreasPark serving the Property for the benefit of tenants for access, as long as egress and the Premises remain reasonably accessible like, including the common on-site cafeteria, and including exclusive use of two (2) one (1) inch innnerducts of conduit currently available in the existing campus wide underground communications conduit network owned and controlled by Landlord to run Tenant’s fiber cable at Tenant’s sole cost and expense; it being understood that in order to utilize the empty four (4) inch conduit between TMH-11 and the RCN vault tenant will be required to install innerduct in said conduit. Landlord makes no representations regarding future availability of conduit space for Tenant’s use but agrees to cooperate with Tenant for Tenant’s future needs. The areas and facilities described in clauses (a) through (d) above are referred to as “Building Common Areas.” The areas, facilities and amenities of the Park described to in clause (e) are referred to as “Campus Common Areas.” Tenant shall have the exclusive right to use the two loading docks serving the Building. Tenant shall be permitted, on an unreserved first-come first-served basis, to use up to 3.6 spaces per 1000 rentable square feet of the Premises in the parking area serving the Building, or in a parking area reasonably proximate to the Building. So long as Avid Technology, Inc. is the Tenant under both this Lease and the Building 65 Lease, Landlord will not materially diminishedgrant any new tenant of the Building 65 Premises a greater parking ratio than granted to Tenant, or reserved or exclusive parking rights. If Landlord does grant any other new tenant greater rights than those afforded Tenant under this paragraph, then Landlord shall also grant Tenant similar rights, on a pro rata basis. Landlord reserves the right from time to time, without unreasonable interference with use of the Premises: (a) to install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Building, (b) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (c) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. In exercising such rights, Landlord shall use commercially reasonable efforts to avoid or minimize inconvenience to Tenant’s operations in the Premises.
Appears in 1 contract
Sources: Office Lease (Avid Technology, Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated described in Section 1.3 together with the tenant improvements described on Exhibit C ("Tenant Improvements") and together with rights of ingress and egress over public and common areas in the Building and on the land legally described on Exhibit A, consisting including all easements pertinent to the land ("Land"). Tenant's lease of the 6,255 RSFPremises shall be subject to all of the terms and conditions of this Lease. Tenant agrees that, except as expressly stated herein and Landlord shall complete Landlord's Work in accordance with Exhibit C. Notwithstanding anything to the Work Letter attached to contrary in this Lease, no representations or warranties relating Tenant shall provide Landlord and Landlord's contractor with such access to the condition of the Project or the Premises as may be required by Landlord and Landlord's contractor to efficiently perform Landlord's Work. Tenant acknowledges and agrees that Landlord shall have no promises obligation to alter, repair or improve the Premises have been made by Landlord. Except except as otherwise may be expressly provided in this Lease or set forth on Exhibit C. Landlord may recalculate 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 "net rentable square feet" of the Premises during the Term. The recalculated net rentable square feet shall be certified by Tenant's architect prior to any change. Net rentable square feet shall be calculated in accordance with BOMA standards, utilizing a load factor of eleven and ninety-one one hundredths percent (11.91%) for the purposes Building which may be changed upon the alteration of conducting businesstenant spaces or Building common areas. In the event the net rentable area of the Building or Property is altered during the Term of this Lease, Tenant's Share of the Premises, including all Initial Improvements, Property shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject adjusted to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedreflect such change.
Appears in 1 contract
Premises. (a) Subject to and in accordance with the provisions hereofof this Lease, Landlord Port hereby leases to Tenant, and Tenant hereby leases from LandlordPort, the Premises as designated in the Facility identified in the Basic Lease Information. The Premises has the address and contains the square footage specified in the Basic Lease Information. The location and dimensions of the Premises are depicted on Exhibit A, consisting A attached hereto and incorporated herein by reference. Port and Tenant agree and acknowledge that any statement of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations rentable or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided usable (if applicable) square footage set forth in this Lease or is an approximation which Port and Tenant agree is reasonable and that 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 usable square footage of the Premises for may be less than the purposes rentable square footage of conducting businessthe 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 not the actual rentable or usable square footage is more or less.
(b) Tenant shall have the non-exclusive right to use, together with other tenants, the Premises, including Common Areas. All of the Common Areas shall at all Initial Improvements, shall times be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereofexclusive control, regulation, and management of Port. Port shall have the right to construct, maintain, and operate lighting facilities on all Common Areas; to patrol all Common Areas; to temporarily close any Common Areas for maintenance, repairs or alterations; from time to time to change the area, level, location and arrangement of Common Area facilities; to use the Common Areas and restrict access and use of the Project. Tenant acknowledges that same during the Project is maintenance, repair, construction or may become an integrated commercial real estate project including the Building, the Land and other reconstruction of buildings, additions or improvements; to erect buildings, additions and improvements on the 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 land. Landlord reserves the right, in its sole discretion, perform such other acts and make such other changes at any time and from time to timetime in the size, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Buildingshape, the Common Areaslocation, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; number and to temporarily suspend access to portions extent of the Common AreasAreas or any of them as Port in its sole discretion shall determine; provided, as long as however, that no exercise by Port of its rights hereunder shall unreasonably restrict access to the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedPremises.
Appears in 1 contract
Sources: Lease Agreement
Premises. Subject to and in accordance with the benefit of the provisions hereofof this Lease, Landlord hereby leases to Tenant, Tenant and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and Tenant’s Space in the Work Letter attached to this LeaseBuilding, no representations or warranties relating to excluding without limitation the condition floor slab, demising walls and perimeter walls and exterior windows (except the inner surfaces of each thereof), the Project or common facilities area, common stairwells, shafts, ducts and conduits passing through the Premises and no promises to alter, repair building systems and building service fixtures and equipment serving exclusively or improve in common other parts of the Premises have been made by LandlordBuilding. 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 Space with such exclusions, but with such appurtenances as hereinafter provided, is hereinafter collectively referred to as the Premises for the purposes of conducting business“Premises”. Tenant shall have, as appurtenant to the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightright to use in common with others entitled thereto, subject to the terms hereof, reasonable rules of general applicability to use the Common Areas tenants of the Project. Building from time to time made by Landlord of which Tenant acknowledges that is given notice: (a) the Project common areas and facilities included in the Building or on the parcel of land on which the Building is or may become an integrated commercial real estate project including located (“the Lot”), including, without limitation, a fitness center, locker rooms and a cafe located within the Building, and the Land common areas and facilities included within Burlington Office Park I (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 3.2 per 1,000 RSF non-reserved parking spaces and five (5) “reserved” spaces located in the covered garage located on the Lot (in such location of the garage as agreed to by Landlord and Tenant), all without additional compensation from Tenant), all sidewalks, roads, driveways and 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 and the common mechanical or electrical closets and shafts, ducts and conduits serving the Premises. Landlord represents and warrants that the parking ratio available for the Building is 3.8 parking spaces per 1,000 RSF and that in the event that any excess spaces above that ratio provided to other buildingstenants of the Building as of the date of this Lease are no longer provided to such tenant, Common Areas and landTenant shall have the right to use such spaces, up to a total allocation of 3.8 spaces per 1,000 RSF. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant’s use (a) to include install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which or either, building service fixtures and equipment wherever located in the Building, 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 Common Areasforegoing rights shall not materially increase Tenant’s obligations or diminish Tenant’s rights hereunder, or Project consists; materially interfere with Tenant’s parking rights. Subject to alterthe provisions hereinafter provided, relocateTenant shall have the appurtenant right, reconfigure and/or reduce the Common Areas; at no additional charge, to place dedicated equipment, including without limitation, a dedicated emergency generator and any other associated equipment, wiring, shaft space, etc. required in connection therewith and to temporarily suspend access to portions all Codes (as hereinafter defined) on the roof of the Common AreasBuilding or adjacent to the loading dock as agreed to by the parties, at Tenant’s sole cost and expense. The cost of all of such equipment, including any generator and concrete pad associated equipment (as applicable), and installation thereof, shall be borne by Tenant. The size, the type of equipment and the precise location of the installation shall be pre-approved by Landlord, which such approval shall not be unreasonably withheld, conditioned or delayed by Landlord. All installations shall be in accordance with sound construction practices, and in accordance with all applicable Codes, and in a good and workmanlike manner, and shall not materially interfere with other tenants of the Building or Park or decrease the number of parking spaces on the Lot. The cost of any environmental review of the proposed equipment, if reasonably required, shall be at Tenant’s expense. Tenant shall be required to maintain the same at its sole cost in accordance with best industry standards, and Landlord’s agent shall, if reasonably practicable, accompany Tenant and/or any agent of Tenant when making necessary repairs to such equipment. Tenant agrees to maintain insurance on such equipment so installed by Tenant hereunder, including the generator (as applicable), and to name Landlord as an additional insured thereon. Evidence of such insurance shall be provided to Landlord on or prior to the Commencement Date (or installation thereof, if later). Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability or loss arising (except as a result of the negligence or willful misconduct of Landlord, its agents, employees or contractors) from or out of the use or removal of such equipment so installed by Tenant hereunder, including the generator (as applicable) and any other associated equipment. Upon expiration of the Term, Tenant shall be responsible for the removal of the same and for repairing any damage caused therefrom. These provisions shall survive the expiration or earlier termination of this Lease. Landlord shall at all times during the Term maintain a full-service cafeteria and fitness center (including showers) within the Building in a first class condition comparable to the existing cafeteria and fitness center (including showers) existing as of the Term Commencement Date, so long as Tenant is occupying the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedPremises.
Appears in 1 contract
Sources: Sublease Agreement (Demandware Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to the condition of the Project or the 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 Improvementsexcluding the roof, shall be deemed accepted by exterior faces of exterior walls, the common stairways, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building (and any areas, such as the space above the ceiling or in the walls, that may contain such pipes, ducts, conduits, wires or appurtenant fixtures), and if Tenant’s space includes less than entire rentable area of any floor, excluding the central core area of such floor. Tenant shall also have have, as appurtenant to the nonexclusive rightPremises, rights to use, in common for lease years 1-3 and exclusively for lease years 4-5, subject to reasonable rules of general applicability to tenants of the terms hereofBuilding from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallways and stairways of the Building, (b) common walkways and driveways necessary for access to the Building, (c) the common parking areas serving the Building, (d) the loading dock serving the Building, and (e) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor. Tenant shall further have the right to use the Common Areas space above the suspended ceiling in order for Tenant to install its conduits, cables and pipes, provided said installation is done in compliance with all applicable codes, regulations, ordinances and/or laws and pursuant to the terms and conditions of subsection 6.2.5 of this Lease (it being further agreed by Tenant that said installations shall not constitute “nonstructural, interior installations or alterations” as set forth in subsection 6.2.5 (b)). There are approximately 76 parking spaces serving the Building. Tenant shall be permitted to use its proportionate share of said available parking. Subject to the actions of and/or directives or orders from governmental and other authorities, and/or the actions of utility companies, Landlord shall not decrease the size of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including existing parking area serving the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and right from time to time, upon reasonable prior notice to include Tenant, except in the Building within a project and/or case of emergencies, and without unreasonable interference with use of the Premises: (a) to expand and/or reduce install, use, maintain, repair, replace and relocate for service to the amount Premises and other parts of Land and/or improvements of which the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Common AreasPremises or Building, (b) to alter or Project consists; relocate any other common facility, (c) to altermake any repairs and replacements to the Premises which Landlord may deem necessary, relocateand (d) in connection with any excavation made upon adjacent land of Landlord or others, reconfigure and/or reduce the Common Areas; to enter, and to temporarily suspend access license others to portions enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Common Areas, as long as Building from injury or damage and to support the Premises remain reasonably accessible and Tenant’s same. Landlord shall use of reasonable efforts to perform the Premises is not materially diminishedactivities permitted under this paragraph during normal business hours.
Appears in 1 contract
Sources: Lease (Lemaitre Vascular Inc)
Premises. Subject to and in accordance with the provisions hereof, (a) The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises. Landlord hereby represents that it has provided Tenant all of Landlord’s measurement calculations and methodology prior to the Effective Date. All measurements with respect to the Premises and the Building are mutually confirmed and agreed upon for all purposes of this Lease by Landlord and Tenant. The Premises shall exclude the entry and main lobby of the Building, first floor elevator lobby, first floor mail room, 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, 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 as designated shall also exclude the common corridors, vestibules, elevator lobby and toilets located on Exhibit A, consisting of the 6,255 RSFsuch floor. Tenant agrees acknowledges that, except as expressly stated herein and set forth in the Work Letter attached to this Lease, there have been no representations or warranties relating made by or on behalf of the Landlord with respect to the condition Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Project or Tenant’s business.
(b) Tenant acknowledges that, except as expressly set forth in this Lease, it is accepting the Premises and in its present “as-is” condition with no promises expectation that Landlord will or should perform or contribute toward the cost of any leasehold improvements required to alter, repair or improve prepare the Premises have been made by Landlord. Except for Tenant’s occupancy except as otherwise expressly provided in this Lease or Lease. Provided, however, within thirty (30) days after the Work Letter attached heretoEffective Date, Tenant agrees Landlord shall be responsible, at its sole cost and expense, to accept (i) deliver the base building mechanical systems (HVAC, electrical, life safety, plumbing) and the Shared Laboratory Systems (as defined in Section 2.3(c)) that service the Premises in their current “AS IS, WHERE IS” good operating condition and acknowledges that LANDLORD MAKES NO WARRANTIESrepair, EXPRESSED OR IMPLIEDand maintain the same in accordance with Section 5.1; and (ii) demolish and remove the equipment located in (a) the large mechanical room on the third floor, INCLUDINGand (b) the two mechanical rooms on the fourth floor (collectively, BUT NOT LIMITED TOthe “Fourth Floor Mechanical Rooms”) as shown on Exhibit B-2, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon and deliver the Fourth Floor Mechanical Rooms to Tenant in shell condition for Tenant’s taking possession exclusive use.
(c) Additionally, concurrent with the construction of the Leasehold Improvements by Tenant, Landlord, at its expense, shall perform the following work with completion prior to the Rent Commencement Date: (i) reconfigure and renovate the main building entrance and lobby in accordance with the schematic drawings attached as part of Exhibit H; (ii) create the common areas and the common area corridors on the first floor required for a multi-tenant building; (iii) demise and modify the Building’s PH neutralization system so that it serves only the Premises for the purposes of conducting business, as set forth in Section 2.3(d) below; and (iv) provide to the Premises, including all Initial Improvements, the Shared Laboratory Systems as set forth in Section 2.3(c) below. All of Landlord’s obligations in this Section 2.1 shall be deemed accepted by Tenantreferred to collectively as the “Landlord’s Work”. All of Landlord’s Work (including, but not limited to, the new and shared facilities) shall be performed in accordance with the matrix, and schematic drawings attached hereto as Exhibit H. Landlord and Tenant shall also have agree to work cooperatively as some of the nonexclusive right, subject Landlord’s Work and Tenant Work (as defined in Exhibit E) may occur in a parallel timeframe. Notwithstanding anything to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Buildingcontrary contained in this Lease, the Land and other buildings, Common Areas and land. Landlord reserves Rent Commencement Date shall not occur until 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 TenantLandlord’s use of the Premises is not materially diminishedWork has been substantially completed.
Appears in 1 contract
Premises. Subject Landlord does hereby rent and lease to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant leases does hereby rent and lease from Landlord, Landlord the Premises identified in the Basic Lease Provisions located in the building(s) situated on the real property identified in the Basic Lease Provisions (the “Property”) as designated more particularly set forth on the site plan attached hereto as Exhibit A, consisting of such Premises as further shown by diagonal lines on the 6,255 RSFdrawing attached hereto as Exhibit “A-1” and made a part hereof by reference. The “Property” includes the land and the building(s) in which the Premises is located. Tenant has inspected the Premises and agrees thatto accept the same “AS IS,” without representation or warranty on the part of Landlord or any agreement of Landlord to perform any improvements therein, except as expressly stated herein set forth in this Section 1, Section 11 below, and in Exhibit “B” attached hereto and made a part hereof. Landlord covenants that, during the Work Letter attached to term of this Lease, as such term may be extended, no representations other tenant or warranties relating occupant of the Property besides Tenant may use the address “120 Baytech Drive”. Landlord represents to Tenant that to Landlord’s actual knowledge (without duty of inquiry), the Property is currently in compliance with all applicable Premises Laws (as defined in Paragraph 12 of this Lease). In addition, Landlord agrees to perform, at Landlord’s sole cost and expense, any improvements or alterations to the condition exterior of the Project or Premises and/or to the common areas of the building in which the Premises and are located necessary to cause such area(s) to comply with any Premises Laws applicable to such area(s) as of the date of this Lease, unless the requirement to perform such work was triggered by any improvement work performed by Tenant or on Tenant’s behalf (other than the Landlord’s Work), by any requirements of the Food & Drug Administration (or any related or successor entity or similar state or local entity), or by Tenant’s particular use of the Premises. Notwithstanding the foregoing, in no promises event shall Landlord be required to altercause any portion of the Property, repair or improve including, without limitation, the building in which the Premises have been made are located, to comply with any version of the California Uniform Building Code (the “UBC”) other than the 1997 version of the UBC, which, the parties hereto acknowledge, was the version in effect when the building in which the Premises are located was constructed; provided, however, that Landlord shall construct, at Landlord’s sole cost and expense, the exterior egress ramp as depicted on the space plan provided by LandlordTenant, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇, Architect, dated November 10, 2003, bearing Job. Except as otherwise expressly provided No. 03084 and Sheet Title: Bay Tech SK-1, and shall comply with all current Premises Laws in connection with such ramp. Notwithstanding anything contained in this Lease or to the Work Letter attached heretocontrary, Landlord hereby warrants to Tenant that as of the Commencement Date, the HVAC, electrical, plumbing, life safety, roof and lighting systems serving the Premises (collectively, the “Premises Systems”) will be in good condition and working order. The warranty of Landlord with respect to the Premises Systems contained in the preceding sentence shall terminate ninety (90) days after the Commencement Date. Accordingly, 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 shall deliver a list of the Premises Systems that are not in good condition and working order, if any (except to the extent caused by Tenant’s negligence or willful misconduct), within ninety (90) days after the Commencement Date and Landlord agrees to proceed with due diligence to perform its obligations regarding such items. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for the purposes of conducting businesslight, air or view is granted hereunder or included within or appurtenant to the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive non-exclusive right, subject to in common with the terms hereofother parties occupying the Property, to use the Common Areas grounds, landscaped areas, benches, sidewalks, parking areas, trash collection areas, driveways and alleys of the Project. Tenant acknowledges that Property (the Project is or “common areas”), subject to such reasonable, non-discriminatory rules and regulations as Landlord may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to timetime prescribe; provided, however, that Landlord shall give Tenant advance written notice of any changes in the rules and regulations. Tenant may park only up to include the Building within maximum number of automobiles and trucks shown in Item 9 of the Basic Lease Provisions in the parking area serving the Premises on a project and/or non-exclusive basis. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to expand and/or reduce any of Landlord’s easement rights over and relating to the amount Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of Land and/or control over the use, maintenance, configuration, repair and improvement of the common areas, which Landlord shall keep neat and clean and in good condition and repair. Landlord may make such changes to the use or configuration of, or improvements of which the Buildingcomprising, the Common Areascommon areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant’s vehicular parking rights shown in Item 9 of the Basic Lease Provisions or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend Tenant’s access to portions of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedPremises.
Appears in 1 contract
Premises. 1.1 Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting all of the 6,255 RSF. Tenant agrees that, except as expressly stated herein terms and conditions set forth in the Work Letter attached to this Lease, no representations or warranties relating Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those certain premises (the "LEASED PREMISES"), as described in attached Exhibit A --------- The Leased Premises are part of the office building known as ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the "BUILDING"), located in San Francisco California. As used herein the term "BUILDING" includes the Building, the underlying land and all improvements thereon and appurtenances thereto. The Premises and the Building contain the rentable square footage set forth in the Basic Lease Information (calculated pursuant to the condition American National Standard method adopted by the Building Owners and Managers Association International). The Building, the land and improvements under and surrounding the Building and designated from time to time by Landlord as laud or common areas appurtenant to the Building, together with utilities, facilities; drives, walkways and other amenities appurtenant to or servicing the Building are herein sometimes collectively called the "REAL PROPERTY." Tenant is hereby granted the right to the non-exclusive use of the Project common corridors and hallways, stairwells, elevators, electrical and telephone closets, restrooms and other public or common areas; provided, however, that the Premises maximum in which the public 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 common areas are maintained 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, operated shall be deemed accepted by Tenantat the sole discretion of Landlord and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from time to time. Tenant shall also have the nonexclusive rightright to the non-exclusive use of the loading dock of the Building without charge, which use shall also be subject to such rules, regulations and restrictions as Landlord may establish or alter at any time or from time to time during the terms term hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time right to make alterations or additions to or to change the location of elements of the Real Property and the common areas thereof.
1.2 The term "RENTABLE AREA" shall be computed by measuring from time to timethe inside surface of the exterior glass of the outer building walls, to include the center of corridor walls, and to the center of all partitions which separate the Leased Premises from adjoining areas, plus Tenant's pro rata portion of areas common to all tenants of the Building including, without limitation, corridors, lobbies, rest rooms, public areas, mechanical, electrical, telephone, janitorial or equipment room, closet or space, and spaces within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the entire 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 use of the Premises is not materially diminished. Elevator shafts shall be excluded in computing Rentable Area.
Appears in 1 contract
Sources: Office Lease (Digital Island Inc)
Premises. Subject to and in accordance with the provisions hereof, SECTION 1. Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from LandlordLandlord for the term, at the rental and upon the covenants and conditions set forth herein, the Premises as designated outlined in red on Exhibit AB. The Premises, consisting of having the 6,255 RSF. gross leasable area as set forth in Article I, which Landlord and Tenant agrees that, except as expressly stated herein and in hereby conclusively agree represents the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 gross leasable area of the Premises for the all purposes of conducting businessthis Lease, constitute a part of a shopping center, commonly known as Calh▇▇▇ ▇▇▇are Shopping Center, at the Southeast corner of Hennepin Avenue and Lake Street, in the City of Minneapolis, County of Hennepin, State of Minnesota. The term "shopping center," as used herein, shall mean all land, buildings or other improvements owned or leased by Landlord within the boundaries of the tract indicated on Exhibit A. Landlord reserves the right to use the exterior walls and the roof of, and the right to install, maintain, use and repair pipes, ducts, conduits, vents and wires through, the Premises, including all Initial Improvements, . Landlord shall be deemed accepted by entitled to permit other tenants, utility companies and others to exercise such rights. Landlord and anyone else exercising such rights shall use reasonable efforts to avoid unreasonable interference or disturbance of Tenant. Tenant shall also have 's decoration or operations within the nonexclusive right, subject to the terms hereof, to use the Common Areas selling area of the ProjectPremises in connection with such installation. Tenant acknowledges that Notwithstanding the Project is description of the Premises herein or the depiction of the shopping center on Exhibit B, Landlord may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the rightat any time, in its sole discretion, at and with or without monetary gain to it or others, increase, reduce, rearrange or change the number, dimensions, or locations of the shopping center buildings, common areas, and parking areas as Landlord shall determine, or devote the same to other purposes either temporarily or permanently; add permanent or portable kiosks, carts or other sales facilities; build additional stories on any time building or build adjoining the same; and change store sizes and the identity and type of other stores or tenancies. No such changes, or any of them, shall invalidate or affect this Lease nor result in any liability of Landlord to Tenant. Landlord and Tenant shall, on request by either, modify Exhibit B to reflect any such change(s). 8
SECTION 2. The exhibits hereto set forth the general layout of the shopping center and may indicate certain existing or proposed store divisions and the identities and locations of certain tenants, but neither said exhibits nor anything else shall be deemed to be or contain any warranty, representation or agreement on the part of the Landlord that any of said matters shall be exactly as indicated on said exhibits or that any particular merchant shall open or remain open for business, or as to the identity, type, number or size of other stores or tenancies in the shopping center.
SECTION 3. If, by reason of casualty, condemnation or a shift in the location of the Premises, the Premises shall be increased or reduced in size, then the gross leasable area of the premises shall be measured from the outside of exterior walls or of those walls facing corridors or stairways or other common areas and from the mid-point of walls common to adjacent tenant premises. No deduction shall be made for columns or other structural or mechanical elements within the Premises. If the Premises includes any mezzanine, terrace, deck, plaza or outdoor area, all of such area shall be included in calculating the gross leasable area of the Premises. If any storage areas are separately leased to Tenant, such areas shall be excluded in calculating the gross leasable area of the Premises.
SECTION 4. The term "gross leasable area in the shopping center," as hereinafter used, shall be deemed to mean the total gross leasable area in all buildings in the shopping center (as initially constructed or as hereinafter enlarged or reduced) which is 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 time designated by Landlord for occupancy by tenants of the Common Areasshopping center, excluding the square footage of building roofs, common areas (as long as defined in Article X hereof), outdoor sales areas, and any storage areas separately used by tenants. All measurements shall be made in the Premises remain reasonably accessible and Tenant’s use manner set forth in Section 3 of the Premises is not materially diminishedthis Article.
Appears in 1 contract
Premises. Subject In consideration of the obligation of Tenant to pay Rent (defined below) as herein provided and in accordance with consideration of the provisions other terms, covenants and conditions hereof, Landlord leases to hereby does lease, let and demise unto Tenant, and Tenant leases hereby does lease and rent from Landlord, upon and subject to the provisions of this Lease, the 179,754 square feet of Rentable Area (subject to the provisions of Sections 2.04 and 2.05 below) which is hereby stipulated and for all purposes hereof agreed to be as stated in 1.01(c) above and as reflected on the floor plan(s) attached hereto as Exhibit "A" and incorporated herein for all purposes (such space so leased to Tenant is herein called the "Premises") located in the building known as One Colinas Crossing (subject to the provisions of Section 7.06(a) below) ("Building") as set forth in Article 1.01(b) and situated on the tract of land ("Land") described in Exhibit "B-1" attached hereto and incorporated herein for all purposes (the Building, the Land, and the parking garage ["Parking Garage"] and parking area [collectively, "Parking Facilities"] located on the Land and shown on the site plan attached hereto as Exhibit "B-2" ["Site Plan"] hereinafter collectively referred to as the "Project"), TO HAVE AND TO HOLD said Premises as designated for the Term, subject to the provisions of this Lease. Landlord and Tenant acknowledge and agree that the Project specifically does not include the land shown on the Site Plan which is described on Exhibit A"B-3" ("▇▇▇▇▇▇▇▇ ▇▇▇▇") ▇▇▇ the improvements thereon, consisting a portion of the 6,255 RSF. which Adjacent Land is owned by Landlord and a portion of which is subject to certain agreements between Landlord and Tenant agrees that, except as expressly stated herein set forth in this Lease and in the Work Letter attached Development Agreement (defined below). The Land and the Adjacent Land, and the improvements thereon, comprise the complex commonly referred to as Colinas Crossing ("Complex"). Subject to the terms of this Lease, Tenant shall be entitled to the following as appurtenances to the Premises: the right to use (i) the Parking Facilities and other areas of the Project in accordance with Section 17.11 and Exhibit "F" to this Lease, no representations or warranties relating to (ii) the condition roof of the Project or Building and/or the Premises Parking Facilities in accordance with Sections 7.09 and no promises to alter7.10 hereof, repair or improve (iii) riser space in 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 core of the Premises Building pursuant to Section 7.07 hereof, (iv) for the purposes of conducting businessTenant's exclusive use, the Premisesrestrooms on floors leased entirely by Tenant and, including all Initial Improvementsfor Tenant's nonexclusive use, shall be deemed accepted the restrooms on floors partly, but not entirely, leased by Tenant. Tenant shall also have the , (v) for Tenant's nonexclusive right, use (subject to the terms hereof, to use the Common Areas other provisions of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Buildingthis Lease), the Land telephone 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 use of the Premises is not materially diminished.electric closets on floors leased
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting that part of the 6,255 RSFBioPharmaceutical Technology Center (the "BTC") located at 5445 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, now or hereafter to be constructed which consists of an office outlined in red on the site plan attached as Exhibit A (the "Premises"), containing approximately ten thousand (10,000) square feet. The Premises leased to Tenant agrees that, except as expressly stated herein and in do not include the Work Letter attached to this Lease, no representations land under the BTC or warranties relating to the condition roof or outer walls of the Project building or buildings comprising the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landBTC. Landlord reserves the rightright to place, in its sole discretionmaintain, at any time repair and from time to timereplace utility lines, to include pipes, tunneling and the Building within a project and/or to expand and/or reduce like in, under, over, upon or through the amount Premises as may be reasonably necessary or advisable for the servicing of Land and/or improvements of which the Building, the Common Areas, Premises or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to other existing or future portions of the Common AreasBTC provided that, in the exercise of such rights, Landlord shall use its diligent efforts to minimize any disruption to Tenant's use and enjoyment of the Premises. Included as long as part of the Premises remain reasonably accessible and Tenant’s are the use of the Premises following facilities:
(a) Steelcase office furniture itemized on Exhibit B attached hereto and made a part hereof; and
(b) Cold rooms 1114, 1122 and 1123 located within the BTC (the "Cold Rooms"). Landlord is not materially diminishedacquiring the Steelcase office furniture and the Cold Rooms pursuant to installment sale contracts. At any time during the term of this Lease, Tenant can acquire title to the Steelcase office furniture by prepaying the unpaid balance of the purchase prices for such items. Upon such prepayment, title shall pass to Tenant and such item shall be subject to Section 4.04 and rent attributable to such item under Section 3.02(b) shall cease. Furthermore, if Tenant extends the term of this Lease under Section 1.02(b), then, upon the last payment of Minimum Rent for the Option Term, title to the Steelcase office furniture shall pass to Tenant and such items shall be subject to Section 4.04. Furthermore, Landlord grants to Tenant, during the term of this Lease, the right to use, and to have access to, an autoclave located in the manufacturing area of the BTC.
Appears in 1 contract
Sources: Lease (Ophidian Pharmaceuticals Inc)
Premises. Subject 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the Lease Term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and public areas of the Building for ingress and egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use 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 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 subject to the terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the provisions hereofterms 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 leases shall use reasonable efforts to Tenantlocate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, and Tenant leases from Landlord, 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 Premises as designated on Exhibit A, consisting roof of the 6,255 RSFBuilding as of the date Tenant commences construction of the rooftop terrace in accordance with the terms of this Lease. Tenant agrees that, except Except as may otherwise be expressly stated herein and provided in the Work Letter attached to this Lease, no representations or warranties relating to the condition lease of the Project or Premises does not include the Premises and no promises right to alter, repair or improve use the Premises have been made by Landlord. Except roof (except as otherwise expressly provided in this Lease 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 Letter Agreement, attached hereto, as Exhibit B. Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIESneither Landlord nor Landlord’s agent(s) have made any representations, EXPRESSED OR IMPLIEDexpressed 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 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 purposes necessary business licenses and occupancy permit for its Premises. Landlord and Tenant agree that as of conducting businessthe 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, including all Initial Improvements, 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 deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to all of the terms hereofof this Lease, to use but no such permitted entry shall change the Common Areas Lease Commencement Date or the expiration date of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedLease Term.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, upon the Premises terms and conditions herein set forth, that certain building ("Premises") referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as designated Exhibit A. In addition, Tenant shall have the following rights with respect to the real property more particularly described in the legal description attached as Exhibit B hereto (if applicable) and outlined in red on Exhibit A ("Common Area"): (i) the non exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, as shown on Exhibit A, consisting the location of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached which may be redesignated from time to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made time by Landlord. Except ; (ii) the nonexclusive right to use any other parking spaces within the Common Area not allocated for the exclusive use of another tenant of Landlord; and (iii) such other rights as otherwise expressly provided in this Lease or the Work Letter attached hereto, Tenant agrees are necessary and convenient 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 's possession of the Premises or performance of Tenant's obligations under this Lease. (Notwithstanding the number of parking spaces designated for Tenant's exclusive use, in the purposes event by reason of conducting businessany rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, "Laws") relating to or affecting parking on the Common Area, or any other cause beyond Landlord's reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant's exclusive use.) In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other user authorized by Landlord, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, non-exclusive right to use the Common Areas of Area for pedestrian and vehicular ingress and egress and vehicular parking and the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time exclusive right 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, use parking spaces on the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions Area (excluding only that portion of the Common Areas, as long as the Premises remain reasonably accessible and Area designated herein for Tenant’s 's exclusive use of the Premises is not materially diminishedfor vehicular parking).
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
Premises. Subject Landlord hereby rents, leases, lets and demises to and in accordance with Tenant the provisions hereoffollowing described property as illustrated on the site plan attached hereto as EXHIBIT A: approximately 53,006 SQUARE FEET OF OFFICE, Landlord leases to TenantASSEMBLY/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, ("PREMISES") IN BUILDING B OF THE EDENVALE CROSSING BUSINESS CENTER located at ANAGRAM DRIVE AND VALLEY VIEW ROAD IN EDEN PRAIRIE, MINNESOTA, and Tenant leases from Landlordconsisting of approximately 84,922 square feet ("Building"). A floor plan of the Premises and a description of improvements, if any, to be constructed are attached hereto as EXHIBITS B AND C. On or before the Commencement Date, the number of square feet of rentable area in the leased Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached Building shall be determined and certified to Tenant by 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 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 reflect the rentable areas of the Premises and Building determined and established by such certification, and the parties shall execute an addendum to this Lease, no representations or warranties relating to in the condition form of attached EXHIBIT D, which will establish and confirm the Project or rentable areas of the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 Base Rent and Tenant’s use of the Premises is not materially diminished's Pro Rata Share.
Appears in 1 contract
Sources: Lease Agreement (Fieldworks Inc)
Premises. Subject In consideration of the obligation of Tenant to pay rent as herein provided, and in accordance with consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, Landlord the Premises as designated for the 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, consisting 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 identified “punchlist” items, which Landlord shall repair within a reasonable amount of time), Tenant shall lease the 6,255 RSF. Tenant agrees that, except Premises “as expressly stated herein and in the Work Letter attached to this Lease, is” with no representations or warranties relating made by Landlord as to the condition of the Project or Premises To the best of its knowledge, Landlord represents and warrants that as of this date, the Premises are in material compliance with all Applicable Laws, and no promises are in good condition and repair subject to alterreasonable wear and tear. In addition, repair or improve Landlord shall use all reasonable efforts to insure that as of the Commencement Date (modified as provided herein), the Premises have been made by will be in material compliance with all Applicable Laws and are in good condition and repair. To the best of Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached hereto’s knowledge, Tenant agrees to accept Applicable Laws and any recorded restrictive covenants permit the Premises in their current “AS IS, WHERE IS” condition to be used for the Permitted Use. The Building is part of the Project and acknowledges 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 LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR 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 PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession floor plan of the Premises for the purposes of conducting business, is attached hereto and made a part hereof as Exhibit B. As an appurtenance to the Premises, including all Initial ImprovementsTenant, shall be deemed accepted by Tenant. Tenant shall also its employees and invitees will have the nonexclusive right, subject to the terms hereof, 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 acknowledges that is granted a non-exclusive right to use, in common with the Project is or may become an integrated commercial real estate project including other tenants and users of the BuildingProject, all of the Land and other buildings, Common Areas and landAreas. Landlord reserves shall have exclusive control and management responsibility of the rightCommon Areas. Landlord may, 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, alter the Common Areas, install kiosks, planters, fountains, sculptures, signs, and other structures within the Common Areas provided however that any such alterations shall not materially and adversely interfere with Tenant’s use or Project consists; enjoyment of the Premises or decrease Tenant’s parking spaces. Landlord shall have the right to alterestablish, relocatemodify, reconfigure and/or reduce and enforce reasonable rules and regulations with respect to the Common Areas and to grant to individual tenants the right to conduct retail sales within the Common Areas; and to temporarily suspend access to portions . Landlord makes no representation or warranty concerning the size of the Common AreasAreas and may, as long as in the Premises remain reasonably accessible future, reduce the size of the Common Areas in its reasonable discretion, provided however that such reduction shall not materially and adversely interfere with Tenant’s use or enjoyment of the Premises, and shall result in a commensurate reduction in Tenant’s Proportionate 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 free to enter into a lease with the Third Party. Should all or any portion of the 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 is not materially diminishedor otherwise, except for any Permitted Transferee (as hereinafter defined).
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to the condition of the Project or the 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 excluding the roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common with the Premises, other parts of the Building, and if Tenant's space includes less than entire rentable area of any floor, excluding the central core area of such floor. Tenant shall have, as appurtenant to the Premises, rights to use, in common with Landlord and other tenants of the Building, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord in accordance with Section 6.1.10 of this Lease: (a) the lobbies, hallways, stairways and elevators necessary for access to the Premises, (b) if the Premises includes less than the entire rentable area of any floor, the restrooms on such floor, (c) any common cafeteria and/or fitness center that may be now or hereafter constructed on the Property, (d) the common walkways and driveways necessary for access to the Building and the parking areas on the Property, (e) the parking areas on the Property and any other parking areas serving the Building,, and (f) all Initial Improvementswires, shall be deemed accepted by Tenantcables, pipes, poles, mains, conduits, ducts, trenches and other fixtures, facilities and equipment necessary or convenient to provide electricity, telephone, cable, gas, water, sewer and other utility and telecommunications services to the Premises (collectively, the "Common Facilities"). Tenant shall also have the nonexclusive right, subject to the terms hereof, right to use up to 3.7 parking spaces located at the Common Areas Property for each 1,000 rentable square feet of the ProjectRentable Floor Area of the Premises at no additional cost to Tenant. Tenant acknowledges that Landlord shall not grant to all tenants in the Project is or may become an integrated commercial real estate project including aggregate the Building, right to use more parking spaces than available at the Land and other buildings, Common Areas and landProperty. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with ▇▇▇▇▇▇'s use of the Premises: (a) to include install, use, maintain, repair, replace and relocate for service to the Building within a project and/or to expand and/or reduce the amount Premises and other parts of Land and/or improvements of which the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, above dropped ceilings in the Common AreasPremises or in core areas of the Building, (b) to alter or Project consists; relocate any other common facility, (c) to altermake any repairs and replacements to the Premises which Landlord may deem necessary, relocateand (d) in connection with any excavation made upon adjacent land of Landlord or others, reconfigure and/or reduce at reasonable times and upon reasonable prior notice (except in an emergency), to enter upon the Common Areas; Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to temporarily suspend access to portions of support the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedsame.
Appears in 1 contract
Sources: Lease (Oak Technology Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant leases from LandlordLandlord those certain premises situated in the City of Fremont, County of Alameda, State of California, being all of the rentable square footage contained in that certain building commonly known and designated as 6▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Premises”), the Premises as designated general location of which is shown on Exhibit “A, consisting ” attached hereto. For purposes of this Lease the square footage of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and building in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or which the Premises and no promises is located (“Building”) is deemed 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 Tenantone hundred thousand one hundred three (100,103) rentable square feet. Tenant shall also have the nonexclusive right, subject to the terms hereof, right to use not more than three hundred twenty-five (325) parking spaces located in the parking area designated on Exhibit “A” attached hereto and all other areas designated by Landlord as common area from time to time (“Common Areas of the Area”) including but not limited to parking areas and structures, and landscaping, sidewalks, service areas and other common facilities. The Building and Common Area are situated within a project site shared with two (2) additional buildings owned by Landlord as outlined in Exhibit “A” attached hereto (“Project”). Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the BuildingUnless expressly provided otherwise, the Land and other buildings, Common Areas and landterm Premises as used herein shall include the Tenant Improvements (defined in Section 6.B below). Landlord reserves shall have the right, in its sole and absolute discretion, at any time and from time to time, to include do the Building within a project and/or following, provided that reasonable access to expand and/or reduce the amount of Land and/or improvements of which the Building, Premises remains available and such actions do not materially interfere with Tenant’s business operation: (a) make changes to the Common AreasArea and/or the Project, or Project consistsincluding, without limitation, driveways, entrances, circulation drives, parking spaces, parking areas, direction of driveways, landscaped areas and walkways, provided such changes do not materially interfere with Tenant’s business operation and shall not diminish the number of parking spaces to which Tenant is entitled; to alter, relocate, reconfigure and/or reduce the Common Areas; and to (b) close temporarily suspend access to portions any of the Common AreasArea for maintenance and repair purposes or to prevent a public dedication thereof; (c) add additional buildings to the Project and improvements to the Common Area or remove or alter existing buildings (other than the Building) or improvements in the Project; (d) use the Common Area while engaged in making additional improvements, repairs or alterations to the Project; and (e) do and perform any other acts, alter or expand or make any other changes in, to or with respect to the Common Area and/or the Project as long Landlord may, in its reasonable discretion, deem to be appropriate. Landlord reserves the absolute right to effectuate such other tenancies in the other Project buildings (if any) as Landlord in the exercise of its sole business judgment shall determine to best promote the interests of Landlord. Tenant has not relied on the fact, nor has Landlord represented, that any specific tenant or type or number of tenants shall occupy any space in the other Project buildings (if any), or that any specific tenant or type of tenant shall be excluded from occupying any space in the other Project buildings (if any). Landlord and Tenant have agreed to use the square footage numbers set forth in this Lease as the Premises remain reasonably accessible basis of calculating the rent due under this Lease and Tenant’s use Allocable Share (defined in Section 9.E below). The rent due under this Lease and Tenant’s Allocable Share shall not be subject to revision if the actual square footages are more or less than as stated in this Lease, except as expressly provided elsewhere in this Lease (for example, in the event of a partial taking of the Premises Project as described in Section 17 below). No representation or warranty of any kind, express or implied, is not materially diminishedgiven to Tenant with respect to the square footage or acreage of the Premises, Building or any other portion of the Project. Landlord shall have no liability to Tenant if the square footages or acreage described in this Lease differ from the actual square footages or acreage.
Appears in 1 contract
Sources: Lease Agreement (Cutera Inc)
Premises. Subject In consideration for the rent to be paid and in accordance with the provisions hereofcovenants 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 an office building development referred to in Section 1.01(H) (hereinafter referred to as the “Building”). The legal description for the property on which the Building is located is attached hereto as Exhibit “B”. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the percentage set forth in Section 1.01(I) is the portion of the gross rentable area attributable to Tenant’s proportionate share of common hallways, restrooms, etc. in the building. The exterior walls and roof of the 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 are hereby reserved to Landlord, . Landlord reserves (a) such access rights through the Premises as designated on Exhibit A, consisting may be reasonably necessary to enable access by Landlord to the balance of the 6,255 RSFbuilding 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. Tenant agrees thatIn exercising such rights, except Landlord will use reasonable efforts so as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or not commit waste upon the Premises and no promises as far as practicable to alterminimize annoyance, repair interference or improve damage to Tenant when making modifications, additions or repairs. Subject to the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached heretoprovisions of Article VIII and Section 27.11, Tenant agrees and its customers, agents and invitees have the right to accept the Premises non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to non-exclusive areas, Tenant shall cause its employees to park their current cars only in areas specifically designated from time to time by Landlord for that purpose and shall actively police employees to keep them from parking in “AS IS, WHERE ISvisitor” 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 Tenantor other restricted parking areas. Tenant shall also have the nonexclusive right, subject be entitled to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of covered parking spaces in accordance with the Premises is not materially diminishedprovisions of Section 1.01(S).
Appears in 1 contract
Sources: Lease Agreement (Lifevantage Corp)
Premises. Subject to and in accordance with the provisions hereof, 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the Premises as designated on Exhibit Aterms, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein covenants and conditions set forth in the Work Letter attached to this Lease, no representations the space (the "Premises") substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. As used in this Lease, the term "Building" shall include the parcel or warranties relating to parcels of land on which the condition Building is located and all appurtenances thereto. During the Lease Term, Tenant shall have the nonexclusive right, in common with other tenants of the Project Building, to use only for their intended purposes of lobbies, entrances, stairs, elevators and other public portions of the Building, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Building. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas; provided, however, Landlord shall use commercially reasonable efforts to not materially adversely affect Tenant's access to and use of the Premises and no promises parking areas. Tenant shall not interfere with the rights of Landlord and other tenants of the Building to alter, repair use such common areas. All of the windows and outside decks or improve terraces and walls of the Premises have been made by Landlord. Except as otherwise expressly provided and any space in this Lease or the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS ISused for shafts, WHERE IS” condition stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, 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 use thereof and access thereto through the Premises for the purposes of conducting businessoperation, maintenance and repairs, are reserved to Landlord; provided, however, at no additional cost to Tenant, Landlord shall permit Tenant the nonexclusive right, in common with Landlord and other tenants of the Building, to utilize the existing Building risers, raceways, shafts and conduit for the installation and operation of Tenant's telecommunications systems, including voice, video, data, internet, and any other services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, and Landlord shall provide Tenant with reasonable access, at reasonable times determined by Landlord, to other areas within the Building (other than the premises of other tenants), including the Building’s MPOE (main point of entry), as reasonably necessary for the installation of required infrastructure for Tenant’s telecommunications systems.
1.2 Tenant acknowledges that Tenant has inspected the Premises and the Building or has had the Premises and the Building inspected by professional consultants retained by Tenant, Tenant is familiar with the condition of the Premises and the Building, the PremisesPremises and the Building are suitable for Tenant's purposes, including all Initial Improvementsand, except for the Landlord's Work (as defined in Exhibit B) to be constructed or installed by Landlord pursuant to Exhibit B, the condition of the Premises and the Building is acceptable to Tenant. Except for the Landlord's Work to be constructed or installed by Landlord pursuant to Exhibit B, and as otherwise expressly set forth in this Lease, Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises "as is" on the Commencement Date subject to Landlord's Work being substantially complete and the Landlord's Warranty (as defined below). Landlord and Tenant expressly agree that there are and shall be deemed accepted no implied warranties of merchantability, habitability, fitness for a particular purpose, or any other kind arising out of this Lease and there are and shall be no warranties that extend beyond the warranties, if any, expressly set forth in this Lease. Notwithstanding the foregoing, subject to Landlord's substantial completion of the Landlord's Work, Landlord shall be responsible for causing as of the Delivery Date, at no cost to Tenant, the structural portions of the roof, and the Base Building systems (as defined below) to be in good condition and repair, and the Building and Premises to be in compliance with all applicable codes, laws, ordinances, rules and regulations (including, but not limited to in compliance with the American with Disabilities Act ("ADA")) that were in effect as of the date such 1131701.06/SF372493-00050/1-31-20/pwn/pwn -1- improvements were constructed (the "Landlord's Warranty"). If a non-compliance with the Landlord Warranty exists as of the Delivery Date or any non-compliance is discovered by Tenant within one hundred twenty (120) days following the Delivery Date, then Tenant shall provide written notice of same to Landlord, and Landlord shall rectify such lack of compliance at Landlord's sole cost and expense; provided, however, that the foregoing shall not diminish Tenant's responsibility to perform any repairs, modifications or improvements if necessitated after the Delivery Date due to ▇▇▇▇▇▇'s use of the same, ▇▇▇▇▇▇'s Alterations, ordinary wear and tear. For purposes of this Lease "Base Building systems" means all Base Building systems (including, elevator, plumbing, air conditioning, heating, ventilation, electrical, security, life safety and power, and other mechanical and emergency systems for the Building), except (A) those special systems installed for specific tenants (including Tenant), (B) any systems installed by Tenant as part of the Alterations performed by Tenant to the Premises and (C) the portion of any Building system within any specific tenant space (including the Premises) or which exclusively serves such tenant or is otherwise the responsibility of such tenant pursuant to its lease.
1.3 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord.
1.4 Notwithstanding section 1.1 of this Lease relating to use of the common areas of the Building for parking, Tenant shall have the right to use only the number of parking spaces specified in the Basic Lease Information at no additional cost or expense throughout the Lease Term. No parking spaces shall be reserved for the exclusive use of Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas such parking spaces solely for parking automobiles of the ProjectTenant's officers and employees. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretionshall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all Rules and Regulations and all laws now or hereafter in effect relating to the use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant's parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord.
1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, Landlord also states that: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and from time manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to timecorrect violations of construction-related accessibility standards within the premises." As permitted by the quoted language above, to include it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the Building within a project and/or to expand and/or reduce date on which this Lease has been executed by Landlord and Tenant, (b) the amount of Land and/or improvements of contract under which the Buildinginspection is to be performed shall not limit the CASp's liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of this Lease applicable to Tenant contracts for construction; (c) the CASp inspection shall be conducted (i) at Tenant's sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions provisions of the Common Areas, as long as the Premises remain reasonably accessible and Article 14 below shall govern 1131701.06/SF372493-00050/1-31-20/pwn/pwn -2- Tenant’s use responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant's expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord's request. When the Premises work is not materially diminishedsubstantially completed, the estimated and actual costs and charges for such work shall be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay any underpayment to Landlord with the next installment of Rent due hereunder.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and subject to the agreements, conditions and provisions contained in the Basic Lease Information and hereinafter set forth, those certain premises shown cross hatched on Exhibit A attached hereto (the “Premises”), which Premises are located in the building specified in the Basic Lease Information (the “Building”). Except only for any improvements which Landlord has expressly agreed herein to construct and install in the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in pursuant to the Work Letter attached as Exhibit B (“Landlord’s Work”) and as otherwise set forth herein, the Premises are leased “AS IS” and in the condition existing at the time of execution of this Lease. Landlord has made no representation or warranty regarding the Premises (and no broker, property manager or other agent of Landlord has made any such representation or warranty, nor has authority to do so). Notwithstanding the foregoing or anything else to the contrary contained in this Lease, no representations or warranties relating to Landlord represents that on the condition of date the Project or the 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 is delivered to Tenant: (i) Landlord has no notice that the purposes of conducting businessPremises is in not in compliance with any applicable laws, including, the PremisesAmericans With Disabilities Act, including and (ii) that all Initial Improvementsload bearing walls, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightfoundations, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land roof 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 use structural elements of the Premises and the plumbing, electrical systems, fire sprinkler systems, lighting, air conditioning and heating systems and all other Building systems serving the Premises will be in good condition and repair; provided, that if any such Building system requires repair within the first thirty (30) days following the Term Commencement Date (the “Landlord Repair Period”) and the reason for which such repair is necessary is not materially diminisheddue to an act or omission of Tenant or Tenant’s agents, employees, contractors or invitees, Landlord shall pay for the cost of such repairs at Landlord’s sole cost and expense so long as Tenant notifies Landlord of the need for such repairs prior to the expiration of the Landlord Repair Period. The Rentable Area of the Premises and of the Building specified in the Basic Lease Information are approximations that Landlord and Tenant have stipulated as the Rentable Area of the Premises and Building, respectively, and shall not be subject to adjustment by either Landlord or Tenant during the Term (as may be extended). Tenant is satisfied with such approximations and with the size of the Premises; no claim may be made based upon inaccuracy of such figures.
Appears in 1 contract
Sources: Building Lease (Zulily, Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, upon the Premises terms and conditions herein set forth, those certain buildings (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as designated Exhibit A (a) and Exhibit A (b). In addition, Tenant shall have the following rights with respect to the real property more particularly described in the legal descriptions attached as Exhibits B (a) and B (b) attached hereto (if applicable) and outlined in red on Exhibit AA (a) and Exhibit A (b) (“Common Area”): (i) the non exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, consisting as shown on Exhibit A (a) and Exhibit A (b), for the respective Buildings the location of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached which may be redesignated from time to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made time by Landlord. Except ; (ii) the nonexclusive right to use any other parking spaces within the Common Area not allocated for the exclusive use of another tenant of Landlord; and (iii) such other rights as otherwise expressly provided in this Lease or the Work Letter attached hereto, Tenant agrees are necessary and convenient 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 or performance of Tenant’s obligations under this Lease. (Notwithstanding the number of parking spaces designated for Tenant’s exclusive use, in the purposes event by reason of conducting businessany rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, “Laws”) relating to or affecting parking on the Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s exclusive use.) In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other user authorized by Landlord, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, non-exclusive right to use the Common Areas of Area for pedestrian and vehicular ingress and egress and vehicular parking and the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time exclusive right 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, use parking spaces on the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions Area (excluding only that portion of the Common Areas, as long as the Premises remain reasonably accessible and Area designated herein for Tenant’s exclusive use of the Premises is not materially diminishedfor vehicular parking).
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
Premises. Subject Landlord hereby leases and demises to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating the Premises. Tenant shall have, as appurtenant to the condition of the Project or the 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 Improvementsthe right to use in common with others entitled thereto the common facilities (including, shall be deemed accepted by Tenant. Tenant shall also have without limitation, the nonexclusive rightpublic or common plazas, lobbies, corridors, elevators and stairways of the Building, and subject to the terms hereofPark Covenants, the parking areas, trash enclosures loading areas, pedestrian sidewalks and walkways, landscaped areas, driveways, and other areas or facilities, if any, which are located in the Park, and the right and easement to (a) the exclusive use the Common Areas of the Projectone hundred fourteen (114) parking spaces in the areas labeled “Dedicated to LTX” (the “Dedicated Parking Area”) shown on Exhibit C (the “Site Plan”), (b) the right of its employees, invitees and visitors to continuously use one hundred twelve (112) parking spaces in the Building’s “Rear Parking Area” as shown on the Site Plan, on a non-exclusive and non-dedicated basis (the rights of Tenant under clauses (a) and (b) in this sentence being referred to as “Tenant’s Parking Rights.”), and (c) subject to Section 5.2.3, the exclusive right to construct and use a patio area on the Lot immediately adjacent to the cafeteria/dining area within the Premises. Tenant acknowledges Landlord covenants that prior to the Term Commencement Date, at Landlord’s sole cost and expense, Landlord shall cause to be constructed the entirety of the Rear Parking Area shown on Exhibit C. If any portion of such Rear Parking Area encroaches onto “Lot 2” as shown on the Subdivision Plan (defined below), Landlord, prior to the Term Commencement Date, shall either (i) amend the Subdivision Plan to move the lot line so that the Project entirety of the Rear Parking Area is on the Lot (defined below) or may become (ii) cause an integrated commercial real estate project including easement to be granted for the Buildingbenefit of Lot 1 pursuant to Section 8(c) of the Park Covenants for the use of such encroaching portion of the Rear Parking Area. The Site Plan is subject to site plan approval by The Norwood Planning Board. Landlord’s obligations in this paragraph are subject to any changes to the parking areas that are required due to site plan approval, provided that (a) in all events Landlord shall provide to Tenant one hundred fourteen (114) Dedicated Parking Spaces and one hundred twelve (112) other parking spaces, and (b) if any Dedicated Parking Spaces are required to be removed from the Land and other buildingslocation shown on the Site Plan, Common Areas and landthey shall be relocated to the Rear Parking Area. Landlord reserves the right, in its sole discretion, at any time and right from time to timetime to implement reasonable measures, such as the use of parking stickers, applicable on a uniform basis to include all tenants in the Building within a project and/or in order to expand and/or reduce monitor the amount use of Land and/or improvements of which the Building’s parking spaces by Tenant and other tenants in the Building, and Tenant shall reasonably cooperate therewith (the Common Areas“Parking Monitoring Procedure”). In addition, or Project consists; Tenant shall have, as appurtenant to alterthe Premises, relocate, reconfigure and/or reduce the Common Areas; and exclusive right to temporarily suspend access use the loading docks shown as the “Dedicated Loading Docks” to portions be renovated as part of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedBase Building Work.
Appears in 1 contract
Sources: Net Lease (LTX Corp)
Premises. Subject to and in accordance with the provisions hereof, a. Landlord hereby leases to Tenant, Tenant and Tenant leases from Landlord, Landlord a portion of the Premises as designated on Exhibit AProject Property, consisting of that certain real property depicted on the 6,255 RSF. Plot Plan attached hereto as Exhibit A-1, and all structures, buildings and all appurtenances, hereditaments, and easements thereon, including the greenhouse and packing facility to be constructed thereon (collectively, the "Premises").
b. In addition, Landlord hereby grants Tenant agrees thata nonexclusive easement for the Term of this Lease for the use of the auxiliary equipment building located on the Project Property and depicted on the Plot Plan attached hereto as Exhibit A-1 (the "Auxiliary Building") for the purpose of access to and repair, except as expressly stated herein maintenance and in replacement of the Work Letter attached to this Leaseemergency boilers, no representations or warranties the fertilizer/irrigation system and any other equipment under the control of Tenant relating to the condition operation of the Premises and located in the Auxiliary Building, provided that such use does not interfere with Landlord's use of the Project or Property.
c. The Premises shall consist of an approximately 18-acre greenhouse facility and an approximately 12,000 square feet packing facility (which facility will include packing, storage and office facilities). It is the parties' intention that the Premises consist of the greenhouse and the packing facility to be constructed on the Project Property approximately in the location depicted on Exhibit A-1 attached hereto and that this Lease and the definition of "Premises" herein shall cover all such facilities, even if not constructed in the exact location depicted on Exhibit A-1 attached hereto. It is also the parties' intention that the easement to use the Auxiliary Building granted pursuant to paragraph 1b. above cover such building even if not constructed in the exact location depicted on Exhibit A-1 attached hereto. At such time as the greenhouse facility, packing facility and Auxiliary Building have been constructed, Landlord and Tenant shall enter into an amendment to this Lease incorporating the description of the greenhouse facility and packing facility set forth on such survey as the description of the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except description of the auxiliary building set forth on such survey as otherwise expressly provided the description of the Auxiliary Building.
d. Landlord warrants that so long as Tenant is not in this Lease or the Work Letter attached heretodefault hereunder, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition shall have peaceful 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 quiet use and possession of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, any mortgage and all matters of record or other agreements to use the Common Areas of the Project. Tenant acknowledges that the Project which this Lease is or hereafter may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedbe subordinated.
Appears in 1 contract
Sources: Cogeneration and Greenhouse Lease Agreement (Colorado Greenhouse Holdings Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to the condition of the Project or the 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 Improvementsexcluding exterior faces of exterior walls, shall be deemed accepted by Tenantthe common lobbies, hallways, stairways, stairwells, elevator shafts and other common areas, and the escalators, elevators, pipes, ducts, conduits, wires and appurtenant fixtures and other common facilities serving the common areas, the Premises and the premises of other tenants in the Building. Tenant shall also have have, as appurtenant to the nonexclusive rightPremises, rights to use, in common with others, subject to the terms hereof, reasonable rules of general applicability to use the Common Areas tenants of the Project. Building from time to time made by Landlord of which Tenant acknowledges that is given notice: (a) the Project is or may become an integrated commercial real estate project including common lobbies, hallways and stairways of the Building, (b) the common escalators, elevators, pipes, ducts, conduits, wires and appurtenant fixtures and other common facilities serving the Premises, (c) common walkways and driveways (if any) necessary for access to the Building, and (d) if the Premises include less than all of the rentable area of any floor of the Building, the Land common toilets and other buildings, Common Areas and landcommon facilities located on such floor. Landlord reserves shall have the rightright (the “Relocation Right”) to require, if Landlord so requests, Tenant to vacate the Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space 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, such space to be reasonably comparable in size, layout, finish and utility to the Common AreasPremises, and further provided that Landlord shall, at its sole cost and expense, move Tenant and its equipment, furniture and other removable personal property from the Premises to such new space in such manner as will minimize, to the greatest extent practicable, undue interference with the business or Project consists; to alteroperations of Tenant. Any such substitute space shall, relocatefrom and after the date such space is so provided, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long be treated as the Premises remain reasonably accessible demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease. Notwithstanding the foregoing, if any substitute space includes less than 7,246 rentable square feet, then, on and after the date that Tenant occupies such substitute space, the Annual Fixed Rent due hereunder shall be adjusted in proportion to the reduction in rentable square feet, and in no event shall the Annual Fixed Rent be increased as the result of Landlord’s exercise of the Relocation Right. Landlord shall only be permitted to exercise its Relocation Right once under this Lease, either during the Initial Term or the Extended Term (if applicable), provided, however, that in no event shall Landlord exercise its Relocation Right on or before January 31, 2015, and shall pay for all reasonable costs incurred by Tenant in connection with such move (including, but not limited to, costs incurred in connection with changing Tenant’s use stationery, changing utilities, and any other costs reasonably required to effectuate such move). In the event that Tenant has installed improvements to the Premises, Landlord shall, at its own cost, cause improvements of a quality that is equal to or better than those installed by Tenant in the Premises is not materially diminishedto be installed in the new space.
Appears in 1 contract
Sources: Lease (Liquid Holdings Group, Inc.)
Premises. Subject Landlord, in consideration of the rents to be paid and in accordance with the provisions hereofcovenants and agreements to be performed by Tenant as hereinafter set forth, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated on Exhibit A, consisting for the exclusive use of the 6,255 RSFTenant in the Building for the Lease Term and upon the conditions and agreements 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 agrees thatwill 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 Common Area and situated in certain areas designated by Landlord (the “Amenities Area”). Provisions regarding the remodeling or construction of Landlord’s Work within the Premises are set forth in the 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 “as is” condition, and, except as expressly stated herein and set forth in the Work Letter attached to this Lease, no Landlord shall not be deemed to have made any representations or warranties relating with respect to the condition suitability of the Project Premises for Tenant's use, or otherwise, and shall have no other obligation for the Premises and no promises to alter, repair or improve completion of the Premises have been made by LandlordPremises. 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 By taking possession of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, Tenant shall be deemed accepted to have agreed that the same is in good order, repair, and condition. 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 Tenant. all of the terms and conditions of this Lease, except that Tenant shall also have the nonexclusive right, subject no obligation to the terms hereof, to use the Common Areas of the Projectpay rent except as set forth in Paragraph 3. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminished2.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated premises referenced in Paragraph 1 and outlined in Exhibit A (the "Premises"), located in the building (the "Building") which is part of the project described on Exhibit A, consisting of B (the 6,255 RSF"Project"). Tenant agrees that, except as expressly stated herein and in Landlord reserves the Work Letter attached right to this Lease, no representations or warranties relating to the condition modify Tenant's percentage of the Project as set forth in Paragraph 1 if the Project size is increased through the development of additional property or decreased through the sale or other transfer of a portion of the Project. By entry on the Premises, Tenant acknowledges that it has examined the 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 accepts the Premises in their current “AS ISpresent condition, WHERE IS” subject to any additional work Landlord has agreed to perform pursuant to the provisions of this Lease. Notwithstanding the foregoing to the contrary, Landlord will deliver the Premises and the Project, including the parking lot, in good condition and acknowledges that LANDLORD MAKES NO WARRANTIESrepair and, 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 as of the Premises for Commencement Date of the purposes of conducting businessLease, the Premiseselectrical, including all Initial Improvementsmechanical, HVAC, plumbing, fire safety, and roof serving the Premises and Building will be in good condition and repair. Landlord shall be deemed accepted responsible for correcting any of the foregoing, provided such repair is not required, caused by or created by Tenant or Alterations by Tenant. Tenant shall also have As of the nonexclusive rightCommencement Date of the Lease, subject and to the terms hereofbest of Landlord's actual knowledge, to use and without duty of investigation, the Common Areas of the Project. Tenant acknowledges Premises are in compliance with building codes and regulations.
(b) The parties agree that the Project is or may become an integrated commercial real estate project including the Building, the Land letting 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 use hiring of the Premises is not materially diminishedupon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance.
(c) The term "Rentable Square Feet" as used in this Lease shall include a portion of the total square feet contained in any lobby or building common areas of the Building, such portion to approximate Tenant's Percentage (as shown in Subparagraph 1(h)) of said total square feet. Such portion shall be determined by Landlord by measuring the area within the bounds of the outside surface of the glass or outer wall of the Building and the midpoint of all partitions separating the Premises from the building core, adjoining tenant space and public corridors and other "Common Areas" as defined in this Lease. No deductions shall be made for space occupied by structural or functional columns or other projections. For purposes of establishing the initial Tenant's Percentage, Annual Expense Allowance and Annual Basic Rent as shown in Paragraph 1 of this Lease, the number of Rentable Square Feet of the Premises is deemed to be as set forth in Subparagraph 1(f) and the number of Rentable Square Feet of the Project is deemed to be set forth in Subparagraph 1(g).
Appears in 1 contract
Premises. Subject Landlord does hereby rent and lease to and in accordance with the provisions hereof, Landlord leases to Tenant, Tenant and Tenant leases does hereby rent and lease from Landlord, Landlord the Premises located in the Building identified in the Basic Lease Provisions, situated on the real property described in Exhibit “A” attached hereto (the “Property”), such Premises as designated all further shown by diagonal lines on the drawing attached hereto as Exhibit “A, consisting of the 6,255 RSF-l” and made a part hereof by reference. Tenant has inspected the Premises and agrees thatto accept the same “AS IS,” without representation or warranty on the part of Landlord to perform any improvements therein, except as expressly stated herein set forth in Exhibit “B” attached hereto and made a part of hereof. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Work Letter attached to this LeaseBasic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, no representations air or warranties relating view is granted hereunder or included within or appurtenant to the condition of the Project or the 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 also have the nonexclusive non-exclusive right, subject to in common with the terms hereofother parties occupying the Property, to use the Common Areas grounds, sidewalks, parking areas, driveways and alleys of the Project. Tenant acknowledges that the Project is or Property, subject to such reasonable rules and regulations as Landlord may become an integrated commercial real estate project including the Building, 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, time prescribe. Tenant shall be entitled to include the Building within a project and/or use up 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 Tenant’s Share of the Common Areas, as long as total number of unreserved surface parking spaces near the Premises remain reasonably accessible 24 hours per day, 7 days per week, 365 days per year, on a non-exclusive basis; provided that the minimum and Tenant’s maximum number of such spaces to which Tenant shall be entitled shall be two hundred fifty (250). Tenant shall further have the right to use thirty (30) reserved parking spaces located near the main north entrance of the Premises at no additional cost to Tenant as depicted on Exhibit “J” attached hereto; provided that such thirty (30) reserved spaces shall be counted toward the two hundred fifty (250) unreserved surface parking spaces to which Tenant is entitled and provided further that Tenant shall be responsible for the cost of pavement lettering for each reserved space. Notwithstanding the foregoing, Tenant shall not materially diminishedbe entitled to use more than one hundred thirty (130) of such spaces (i.e., unreserved and reserved spaces) during the period beginning on the Commencement Date and ending on the last day of the twelfth (12th) full calendar month thereafter. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, maintenance, configuration, repair and improvement of the common areas. Landlord may make such reasonable changes to the use or configuration of, or improvements comprising, the common areas 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.
Appears in 1 contract
Sources: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Premises. Subject to 2.1 Tenant leases the Premises from Landlord, and in accordance with the provisions hereof, Landlord leases the Premises to Tenant, and Tenant leases from Landlord, for the Premises as designated on Exhibit A, consisting of the 6,255 RSFTerm. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 heretoIn addition thereto, 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 also have the nonexclusive right, subject to the terms hereof, non-exclusive right to use the Common Areas of (as the Project. Tenant acknowledges that the Project is or same may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. be designated by Landlord reserves the right, in its sole discretion, at any time and from time to time) during the Term, subject to and upon the terms and conditions of this Lease including, without limitation, the rules and regulations from time to time promulgated by Landlord or any managing agent of the Building. Notwithstanding the foregoing, or any other provision of this Lease, Tenant’s non-exclusive right to use the Common Areas shall not include the Building within a project and/or right to expand and/or reduce use the amount of Land and/or improvements of which roof, exterior walls, land beneath the Building, the Common Areasmechanical rooms, electrical closets, janitorial closets, telephone rooms, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to any other portions of the Common AreasAreas not generally made available to all tenants of the Building, except to the extent specifically provided in this Lease. Landlord agrees to reasonably cooperate with Tenant in the removal of existing telecommunications wiring not being utilized by Landlord in connection with other portions of the Building, if required by Tenant, and permitting Tenant to utilize, on a non-exclusive basis, those shafts, columns and conduits within such Building as long as may be reasonably designated by Landlord and which are located within the Premises remain Common Areas of the Building for the purpose of permitting Tenant to install wiring for such telecommunications services reasonably accessible and required for Tenant’s use of its Premises (including roof telecommunications equipment as permitted herein). The installation of any such wiring any conduit therefor (including obtaining any necessary permits and approvals for such installation) shall be performed by Tenant at Tenant’s sole cost and expense. Tenant shall be responsible for the removal of any and all wiring in the ceiling, shafts, columns and conduits of the Premises which will not be utilized by Tenant during the term of the Lease. Landlord shall be responsible at Landlord’s expense for removal (if required by Legal Requirements or by Tenant for installation of Tenant’s wiring serving the Premises) and/or management of any and all wiring in the ceiling of the second floor of the Building which is not materially diminishedneeded by Tenant to service the Premises and which will be cut by Tenant with the cooperation of Landlord. Landlord and Tenant shall reasonably cooperate in the installation and removal of any and all existing wiring in the floor of the Premises and the ceiling of the second floor of the Building. Tenant shall have the right to install wiring in the ceiling of the second floor of the Building in cooperation with Landlord, provided that Tenant shall in no way disturb or interfere with any existing wiring currently in the ceiling of the second floor of the Building which serves any other portion of the Building, and Tenant shall perform any such installation during non-Building Hours.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions 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 ("Property") legally described in Exhibit A attached hereto and by this reference incorporated herein, which Property is a portion of the "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 designated on Exhibit A, consisting measured from the unfinished outside of the 6,255 RSFexterior 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 to require Landlord to build any improvements or to otherwise comply with the master plan. Tenant agrees acknowledges that, except as otherwise expressly stated herein and set forth in the Work Letter attached to this Lease, no representations neither Landlord nor any agent of Landlord has made any representation or warranties relating warranty with respect to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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, Areas or the Project consists; to alter, relocate, reconfigure and/or reduce or their suitability for the Common Areas; and to temporarily suspend access to portions conduct of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminished's business.
Appears in 1 contract
Sources: Lease (Eden Bioscience Corp)
Premises. Subject to and in accordance with the benefit of the provisions hereofof 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, Tenant and Tenant leases from Landlord, approximately 15,592 Rentable Square Feet located on the Premises fourth floor of the Building known as designated on Five Clock Tower Place, Maynard, MA, as shown in Exhibit A, consisting excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the 6,255 RSFBuilding. Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition shall have use of the Project or entire Premises, however will pay rent of 5,500 RSF for the 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 first twelve months of the Premises term, pay rent on 10,500 RSF for the purposes second twelve months of conducting businessthe 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, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightright to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the terms hereofBuilding 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 use the Common Areas extent from time to time designated by Landlord; and (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 the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building75 spaces, the Land and other buildings, Common Areas and landunassigned. Landlord reserves the right, in its sole discretion, at any time and right from time to time, without unreasonable interference with Tenant's use (a) to include install, repair, replace, use, mainta▇▇ ▇▇▇ relocate for service to the Premises and to other parts of the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which or either, building service fixtures and equipment wherever located in the Building, 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 Common Areassecond floor known as Suite # 270. Provided that the Tenant's Design plan has been delivered to Landlord for the leased Premises in building Five, on or Project consists; before April 1, 1999 there will be no cost to alterTenant for the Temporary space. Tenant will pay $1,000 per week for each week that Tenant's Design plan is delayed beyond April 15▇▇. ▇▇wever, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions upon delivery of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminished's Design plan free rent for Temporary sp▇▇▇ ▇▇all again commence.
Appears in 1 contract
Sources: Lease (Softlock Com Inc)
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, subject to and with the Premises as designated on Exhibit A, consisting benefit of the 6,255 RSF. Tenant agrees thatterms, except as expressly stated herein covenants, conditions and in the Work Letter attached to provisions of this Lease, no representations or warranties relating to the condition of the Project or the 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 Improvementsexcluding the roof, exterior faces of exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common other parts of the Building, and if the Premises includes less than entire rentable area of any floor, excluding the central core area of such floor.
(b) Tenant shall be deemed accepted have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Building from time to time made by TenantLandlord of which Tenant is given notice: (1) the common lobbies, hallways, stairways, and elevators of the Building, (2) common walkways necessary for access to the Building, and (3) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor.
(c) Landlord shall make available to the Tenant during the term of this lease up to 70 parking spaces in the Garage, on an unassigned basis and subject to the reasonable rules and regulations from time to time in force. Tenant shall also have pay for such spaces monthly at the nonexclusive right, subject prevailing rate in effect from time to time. Tenant shall notify Landlord on or before the terms hereof, Commencement Date for the Initial Space and the Additional Space how many of such parking spaces Tenant desires to use and the Common Areas amount so elected shall remain fixed for the term of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. this Lease.
(d) Landlord reserves the right, in its sole discretion, at any time and right from time to time, upon reasonable notice (except in the case of emergency) and without unreasonable interference with Tenant's use of the Premises:
(1) to include install, use, maintain, repair, replace and relocate for service to the Building within a project Premises and/or to expand and/or reduce the amount other parts of Land and/or improvements of which the Building, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Common AreasPremises or Building, (2) to alter or Project consists; relocate any other common facility, (3) to altermake any repairs and replacements to the Premises which Landlord may reasonably deem necessary, relocateand (4) in connection with any excavation made upon adjacent land of Landlord or others, reconfigure and/or reduce the Common Areas; to enter, and to temporarily suspend access license others to portions enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Common Areas, as long as Building from injury or damage and to support the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedsame.
Appears in 1 contract
Sources: Lease (Breakaway Solutions Inc)
Premises. Subject to and in accordance with the provisions hereof, Landlord leases to TenantTenant the premises described in Section 1 and in Exhibit A (the "Premises"), and Tenant leases from Landlord, the Premises as designated located in this project described on Exhibit AB (the "Project"). By entry on the Premises, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or T▇▇▇▇▇ acknowledges that it has examined the 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 accepts the Premises in their current “AS ISpresent condition, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIESsubject to any Landlord's Work required under this Lease. Landlord's Work shall consist of such work, EXPRESSED OR IMPLIEDif any, INCLUDINGas is specifically identified as Landlord's responsibility under Exhibit C. Unless otherwise identified in written notice from Tenant to Landlord prior to the dates specified below, 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, Landlord's Work shall be deemed accepted approved by Tenant in all respects on the earlier of (a) the date Tenant commences construction or installation of any Tenant's Work, or (b) the date Tenant begins to move its personal property into the Premises. Tenant represents and warrants that it agrees with the square footage specified for the Premises and the Project in Section 1 and will not hereafter challenge such determination and agreement. b. Common Areas. As used in this Lease, "Common Areas" shall also mean all portions of the Project not leased or demised for lease to specific tenants. During the Lease Term, Tenant and its licensees, invitees, customers and employees shall have the nonexclusive right, subject to the terms hereof, non-exclusive right to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 public portions of the Common Areas, as long as the Premises remain reasonably accessible including all parking areas, landscaped areas, entrances, lobbies, elevators, stairs, corridors, and Tenant’s use public restrooms in common with Landlord, other Project tenants and their respective licensees, invitees, customers and employees. Landlord shall at all times have exclusive control and management of the Premises is Common Areas and no diminution thereof shall be deemed a constructive or actual eviction or entitle Tenant to compensation or a reduction or abatement of rent. Landlord in its discretion may increase, decrease or change the number, locations and dimensions of any Common Areas and other improvements shown on Exhibit A which are not materially diminishedwithin the Premises.
Appears in 1 contract
Sources: Lease Agreement (Helix Biomedix Inc)
Premises. Subject Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain office space (hereinafter called "Premises") consisting of 16,112 usable square feet outlined in accordance with red on Exhibit A attached hereto and 18,048 rentable square feet, including corridors being situated on the provisions hereof2ND/3RD floor(s) of that certain building known as 1100 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Landlord leases ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (▇▇reinafter called "Building") which is one of several buildings in Larkspur Landing Office Park (hereinafter called "Office Park") *(SEE PAGE 13) Said Lease is subject to Tenantthe terms, covenants, and conditions herein set forth and the Tenant leases from Landlord, the Premises covenants as designated on Exhibit A, consisting a material part of the 6,255 RSF. Tenant agrees thatconsideration for this Lease to keep and perform each and all of said terms, except as expressly stated herein covenants, and in the Work Letter attached conditions by it to be kept and performed and that this Lease, no representations or warranties relating to Lease is made upon the condition of said performance. For the Project or purposes of maintaining an economical and proper distribution of tenants throughout the Premises and no promises Office Park which is acceptable to alterLandlord, repair or improve Landlord shall have the Premises have been made by Landlord. Except as otherwise expressly provided in right from time to time during the term of this Lease or the Work Letter attached hereto, Tenant agrees to accept relocate the Premises in their current “AS ISthe Office Park; provided, WHERE IS” condition however, (i) that the rentable 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 usable areas of the new location in the Office Park are of equal size to the Premises (subject to a variance of up to 10%) and the amount of Basic Rent (hereinafter defined) payable under this Lease is not increased, (ii) that if the then prevailing rental for the purposes new location is less than the amount of conducting businessBasic Rent being paid for the Premises, the Basic Rent shall be reduced to equal the then prevailing base rental for the new location, (iii) that Landlord shall pay the cost of providing improvements to Tenant in the new location comparable to the improvements Tenant now has in the Premises, and (iv) that Landlord shall pay the expenses reasonably incurred by Tenant in connection with the relocation of the Premises, including all Initial Improvementswithout limitation the costs of moving, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive rightdoor lettering, subject to the terms hereoftelephone relocation, to use the Common Areas and reasonable quantities of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landnew stationery. Landlord reserves shall deliver to Tenant written notice of Landlord's election to relocate the rightPremises, in its sole discretion, at any time specifying the new location 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 Basic Rent payable therefor at least thirty (30) days prior to the Building, date that the Common Areas, or Project consists; relocation is to alter, relocate, reconfigure and/or reduce be effective. If 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 use relocation of the Premises is not materially diminishedacceptable to Tenant, Tenant, for a period of ten (10) days after receipt of Landlord's notice to relocate, shall have the right by delivering written notice to Landlord to terminate this Lease effective thirty (30) days after the delivery of such written notice to Landlord.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Premises. Subject Lessor does hereby lease to Lessee those certain premises, to wit: approximately 105,410 rentable square feet of office space on floors 8,9,10 and 11, as outlined on the Floor Plan attached hereto as EXHIBIT A in the Building known as Metropolitan Park North Tower located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ in Seattle, Washington (hereinafter called "Premises"). The legal description of the land (the "Land") on which the Building is located is set forth in EXHIBIT A-1. For the purpose of determination of the rentable area of the Premises and the Building, the BOMA definition American National Standard Z65.1-1996 area calculation standards for office area will apply. If the actual rentable area of the Premises is determined to be other than 105,410 square feet, the Monthly Minimum Rent payable hereunder shall be adjusted based upon the actual number of the rentable square feet contained in the Premises. The Building is hereafter sometimes referred to as the "Project". In addition, Lessee has the right, in common with other tenants in the Project and subject to the Rules and Regulations, to use of the Common Areas in the Building and on the Land. The Common Areas include, without limitation, those portions of the elevators, stairways, entrances, lobbies, pedestrian sidewalks, ramps, landscaped areas and areas for vehicular circulation that are not included within any lessee's premises. During the Term of this Lease, no changes shall be made in or to the Common Areas in such a manner as to materially affect Lessee's use of the Premises for its conduct of its business. Lessee and Lessee's employees shall have full elevator access to the Premises and stairway egress from the Premises at all times, 24 hours per day, 7 days per week. Lessor shall provide to Lessee and its employees, for no additional charge to Lessee, a multi-level proximity card reader system for Building garage entries, Building entries, and Building elevators. As part of Lessee Improvements and as a charge to the Lessee Improvement Allowance, Lessee will have the right to integrate the Building card reader system with the entry doors to the Premises. For purposes of this Lease, the term "Lessee Improvements" shall mean the improvements to the Premises to be made in accordance with the provisions hereof, Landlord leases Construction Drawings pursuant to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 EXHIBIT D 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminished.
Appears in 1 contract
Sources: Office Lease (Shopnow Com Inc)
Premises. (a) Subject to and in accordance with the provisions hereofof this Lease, Landlord Port hereby leases to Tenant, and Tenant hereby leases from LandlordPort, the Premises as designated in the Facility identified in the Basic Lease Information. The Premises has the address and contains the square footage specified in the Basic Lease Information. The location and dimensions of the Premises are depicted on Exhibit A, consisting A attached hereto and incorporated herein by reference (the "Premises"). Port and Tenant agree and acknowledge that any statement of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations rentable or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided usable (if applicable) square footage set forth in this Lease or is an approximation which Port and Tenant agree is reasonable and that 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 usable square footage of the Premises for may be less than the purposes rentable square footage of conducting businessthe 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 not the actual rentable or usable square footage is more or less.
(b) Tenant shall have the non-exclusive right to use, together with other tenants, the Premises, including Common Areas. All of the Common Areas shall at all Initial Improvements, shall times be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereofexclusive control, regulation, and management of Port. Port shall have the right to construct, maintain, and operate lighting facilities on all Common Areas; to patrol all Common Areas; to temporarily close any Common Areas for maintenance, repairs or alterations; from time to time to change the area, level, location and arrangement of Common Area facilities; to use the Common Areas and restrict access and use of the Project. Tenant acknowledges that same during the Project is maintenance, repair, construction or may become an integrated commercial real estate project including the Building, the Land and other reconstruction of buildings, additions or improvements; to erect buildings, additions and improvements on the 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 land. Landlord reserves the right, in its sole discretion, perform such other acts and make such other changes at any time and from time to timetime in the size, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Buildingshape, the Common Areaslocation, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; number and to temporarily suspend access to portions extent of the Common AreasAreas or any of them as Port in its sole discretion shall determine, as long as provided, however, that no exercise by Port of its rights hereunder shall unreasonably restrict access to the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedPremises.
Appears in 1 contract
Sources: Lease Agreement
Premises. Subject to Landlord for and in accordance with consideration of the provisions hereof, Landlord leases rents herein reserved and of the covenants and agreements herein contained on the part of Tenant to Tenant, be kept observed and performed does by these presence lease to Tenant and Tenant leases from Landlord, the Premises as designated improved real estate located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, City of Madison, Dane County, Wisconsin which is more particularly described on Exhibit A, consisting of which is attached hereto and incorporated herein by reference, together with all improvements now or in the 6,255 RSF. Tenant agrees thatfuture located thereon, including a building which is to be renovated prior to the Beginning Date (defined below) at Landlord's sole expense, except as expressly stated provided herein below, substantially in accordance with the preliminary plans and in specifications which have been approved by Tenant (the "Building") which plans, specifications, and Work Letter are set forth, in part, in Exhibit B which is attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises hereto and no promises to alter, repair or improve the Premises have been made incorporated herein 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 reference 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 also have the nonexclusive right, subject to the terms hereofcovenants, to use conditions, agreements, easements, encumbrances and restrictions of record affecting the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including and improvements (such real estate and improvements as described hereinabove shall be referred to herein collectively hereinafter as the "Premises"). After the renovation of the Building, the Land Landlord and other buildingsTenant hereby agree that the Building will contain approximately 45,000 square feet. All renovations to the Building to be completed by Landlord shall be completed in a good and ▇▇▇▇▇▇▇ like manner and comply with all applicable laws, Common Areas ordinances, rules and landregulations of government authorities. Landlord reserves and Tenant hereby acknowledge that the rightplans, specifications, and Work Letter set forth at Exhibit B are preliminary and the parties agree to work in its sole discretion, at any time good faith with their respective architects and from time engineers to time, to include agree upon final plans and specifications for the renovations of the Building within as quickly as practicable. Such final plans and specifications will set forth a project and/or time line for commencement of construction by the Landlord. Notwithstanding anything to expand and/or reduce the contrary herein contained, if the cost of any Tenant allowance item of work relative to the renovations, as finally agreed upon by Landlord and Tenant, exceeds the Tenant allowance for such item of work, Tenant shall pay Landlord the amount of Land and/or improvements of by which the Building, actual cost of such item of work exceeds the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions Tenant allowance for such item of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedwork.
Appears in 1 contract
Sources: Building Lease (Sonic Foundry Inc)
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord hereby leases to Tenant, Tenant and Tenant hereby leases from Landlord, the Premises as designated on Exhibit A, consisting subject to all of the 6,255 RSF. Tenant agrees thatterms and conditions set forth herein, except as expressly stated herein and those certain premises (the "Premises") described in the Work Letter Basic Lease Information and as outlined in red or as shown in the cross-hatched markings on the floor plan attached to this Lease, no representations or warranties relating to hereto as Exhibit C. The parties agree that for all purposes hereunder the condition of the Project or the 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, premises shall be deemed accepted by Tenantstipulated to contain the number of square feet of rentable area described in the Basic Lease Information. Tenant shall The Premises are located in that certain office building (the "Building") whose street address is as shown in the Basic Lease Information. The Building is located on that certain land which is also have the nonexclusive rightimproved with landscaping, subject to the terms hereofparking facilities and other improvements and appurtenances. Such land, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including together with all such improvements and appurtenances and the Building, are all or part of a project which may consist of more than one building and additional facilities, as described in the Land and other buildingsBasic Lease Information (collectively referred to herein as the "Project"). However, Common Areas and land. Landlord reserves the rightright to make such reasonable changes, in its sole discretionadditions and/or deletions to such land, at any time the Building and the Project and/or the common areas and parking or other facilities thereof as it shall determine from time to time.
(b) The calculation of the Rentable Area of the Premises has been made by Landlord in accordance with Landlord's standard practices for measuring Rentable Area. Prior to the Term Commencement Date, Tenant will have an opportunity to include inspect the Building within a project and/or Premises and the Rentable Area. Landlord and Tenant acknowledge and agree that the Rentable Area set forth in the Basic Lease Information is approximate only. In this regard, in the event it is ever determined that the actual Rentable Area in the Premises is more or less than the amount set forth in the Basic Lease Information, then: the Rentable Area contained in the Basic Lease Information shall not be adjusted, no other provision contained in this Lease which is applicable or subject to expand and/or reduce the Rentable Area of the Premises in the Basic Lease Information shall be modified or amended, Landlord shall not be entitled to recover from Tenant any "deficiency" (which deficiency shall be based solely on the difference, if any, between the actual rentable area and the approximate rentable area in the Basic Lease Information, if any) in the amount of Land and/or improvements of rent previously paid by Tenant pursuant to the Lease, nor shall Landlord be entitled to increase the rent for any "overage" (which overage shall be based solely on the Buildingdifference, if any, between the Common Areasactual rentable area and the rentable area set forth in the Basic Lease Information), or Project consists; and Tenant shall not be entitled to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions recover from Landlord any refund of the Common Areas"overage" in the amount of rent previously paid by Tenant pursuant to the Lease, as long as nor shall Tenant be entitled to reduction in the Premises remain reasonably accessible and Tenant’s use amount of rent payable by Tenant in the Premises is not materially diminishedfuture pursuant to this Lease.
Appears in 1 contract
Sources: Office Lease (Business Bancorp /Ca/)
Premises. Subject (a) Landlord hereby leases to Tenant and Tenant hires and takes from Landlord the premises (the “Premises”) comprising the entire Third and Fourth Floors of the , office building known as The Commerce Street Building, 330 Commerce Street, described Nashville, Tennessee (the “Building”) located within the parcel of air space (the “Parcel”) described on Exhibit “A” attached hereto. The Premises contain approximately 57,345 rentable square feet and are delineated on the Space Plans attached hereto as Exhibit “B”. Tenant is also granted rights of ingress and egress to the Premises and the Building through the elevator and lobby areas servicing the Building. The Premises are leased to Tenant subject to and in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting benefits of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to terms of this Lease, no representations or warranties relating to together with the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided appurtenances specifically granted in this Lease or Lease, but reserving and excepting to Landlord, provided 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 same do not interfere with Tenant’s taking possession occupancy of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements(i) the use of the exterior faces of the walls (other than Tenant’s signage) and (ii) the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires through the Premises serving the other parts of the Building.
(b) In addition, Landlord hereby leases to Tenant and Tenant hires and takes from Landlord sixty (60) parking spaces (the “CMT Parking”) on the top two (2) floors (the “Parking Area”) of the parking structure above which the Building is located, at a cost to Tenant of $90.00 per parking space per month ($5,400.00), to be paid with the Fixed Minimum Rent described in Article IV. The parking charge for the CMT Parking shall remain at $90.00 per parking space for the first Renewal Term. The parking charge for the CMT Parking during the second Renewal Term shall be deemed accepted 95% of the average monthly rate charged as of the commencement of the second Renewal Term by Tenantthe three (3) parking garages identified on Exhibit “F” attached hereto. Landlord shall furnish card key entry to the Parking Area and shall provide sixty (60) card keys to Tenant for the CMT Parking. Tenant shall also have the nonexclusive rightdiscretion to use such card keys for its employees, subject agents, visitors and guests. Landlord shall not issue more card keys than parking spaces that exist within the Parking Area.
(c) In addition to the terms hereofCMT Parking, Landlord hereby leases to Tenant and Tenant hires and takes from Landlord the remaining parking spaces (the “Additional Spaces”) located in the Parking Area, at a cost to Tenant of $75.00 per parking space per month, to use be paid with the Common Areas Fixed Minimum Rent described in Article IV. Landlord estimates that there will be 69 Additional Spaces. Tenant shall only be obligated to pay for the number of Additional Spaces provided. The parking charge for the Additional Spaces shall remain at $75.00 per parking space throughout the term of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landLease. Landlord reserves shall provide a card key to Tenant for each of the right, in its sole discretion, Additional Spaces. Landlord shall have the right to withdraw (i) all or (ii) thirty (30) (but not any other number) of the Additional Spaces from Tenant at any time and from time prior to timeMarch 31, 2004 upon providing Tenant with at least 60 days’ prior written notice. Tenant shall have the ongoing right 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, return all or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions any portion of the Common AreasAdditional Spaces to Landlord effective at any time after March 31, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminished2004 upon providing Landlord with at least 60 days’ prior written notice.
Appears in 1 contract
Sources: Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, Tenant and Tenant leases from Landlord-------- Landlord those certain premises described in subsection 1(a) and in Exhibit "A" ----------- attached hereto (the "Premises"); provided, that prior to the Second Floor Commencement Date (defined below), the Premises as designated shall include only the area depicted on Exhibit "A, consisting " on the third floor of the 6,255 RSFBuilding (the "Third Floor"). ----------- Immediately upon the Second Floor Commencement Date, and without any further action of the parties, the Premises shall be automatically expanded to include the area depicted on Exhibit "A" on the second floor of the Building (the ----------- "Second Floor"). The exact amount of Rentable Square Feet and Useable Square Feet in the Third Floor shall be determined upon the completion of the build-out of the Tenant agrees that, except as expressly stated herein Improvements in and in to the Third Floor pursuant to the Work Letter Agreement attached to this Lease, no representations or warranties relating hereto. The exact amount of Rentable Square Feet and Useable Square Feet in the Second Floor shall be determined upon completion of the build-out of the Tenant Improvements in and to the condition of the Project or the Premises and no promises Second Floor pursuant to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter Agreement attached hereto, Tenant agrees to accept the Premises . All exact square footages of space 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land Newport Corporate Center, or any portion thereof shall be determined reasonably by Landlord's architect and verified by Tenant's architect. Any dispute regarding any such determination shall be resolved in accordance with Section 18(j). Until such determination of the exact number of Rentable Square Feet and Useable Square Feet of space in the Premises, the Building and the Newport Corporate Center as set forth above, the number of Rentable Square Feet and Useable Square Feet of space shown in subsection 1(a) shall control. Upon final determination of the number of Rentable Square Feet and Useable Square Feet of space in the Second Floor or Third Floor, as the case may be, the Building or the Newport Corporate Center, Landlord and Tenant shall, within ten (10) days of Landlord's written request, execute a written confirmation of Rentable Square Feet and Useable Square Feet in such floor generally in the form attached hereto as "Exhibit D". The "Rentable Square ---------- Feet" and "Useable Square Feet" as used in this Lease shall be calculated according to the Building Owner's and Manager's Association ("1996 BOMA") standard, the "Standard Method for Measuring Floor Area in Office Buildings - American National Standard," ANSI Z65.1-1996. The Premises are contained within the building (the "Building") which is located at the address designated in subsection 1(a). The Building is located on the real property (the "Land") described on Exhibit "B" attached hereto. The term "Newport Corporate Center" ----------- shall mean the properties and buildings located thereon commonly known as One Newport, Two Newport, Newport Tower, Newport Heights, Newport Terrace and Four Newport described on Exhibit "B-1" attached hereto, together with such other buildings------------- additional properties and/or buildings in the immediately adjacent area which Landlord may add in the future, Common Areas and land. all of which Landlord reserves the right, in its sole discretion, at any time and may rename from time to time. Tenant now consents to the addition of Five Newport to the Newport Corporate Center at such time as Landlord so elects, provided it shall have been completed. "Tenant's Percentage of the Building" shall equal a fraction whose numerator is the number of Rentable Square Feet within the Premises as set forth in subsection 1(a) and whose denominator is the number of Rentable Square Feet within the Building as set forth in subsection 1(a). "Tenant's Percentage of Newport Corporate Center" shall equal a fraction whose numerator is the number of Rentable Square Feet within the Premises as set forth in subsection 1(a) and whose denominator is the number of Rentable Square Feet within Newport Corporate Center as set forth in subsection 1(a). If the number of Rentable Square Feet within the Premises, the Building or the Newport Corporate Center is adjusted, including without limitation pursuant to the automatic expansion of the Premises 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 Second Floor of the Common AreasBuilding as provided in this subparagraph 1(a), as long as then Tenant's Percentage of the Premises remain reasonably accessible Building and Tenant’s use 's Percentage of the Premises is not materially diminished.Newport Corporate Center shall be automatically adjusted without further action of either party. Upon the written request of either party, both parties shall execute a written confirmation of such percentages generally in the form attached hereto as "Exhibit D". ---------
Appears in 1 contract
Sources: Office Building Lease (Mercata Inc)
Premises. Subject to and in accordance with the provisions hereof, 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the Premises as designated term and subject to the covenants hereinafter set forth, to all of which Landlord and Tenant hereby agree, the space on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and floor(s) specified in the Work Letter Basic Lease Information (the "Premises"), as outlined on the floor plan(s) attached to hereto as Exhibit "A", in the building specified in the Basic Lease Information (the "Building"), which is within the office park known as Carmel Point, San Diego, California. As used in this Lease, no representations or warranties relating the Building shall include the land on which the Building is located, the parking and common areas serving the Building, and all appurtenances thereto. Tenant shall have the right to use, in common with others, the condition entrances, lobbies, stairs and elevators of the Project or Building for access to the Premises and no promises to alterthe parking and common areas serving the Building. All of the-windows and outside decks, repair balconies or improve terraces and walls of the Building and any space in the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks, or other Building facilities, and the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition use thereof 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 access thereto through the Premises for the purposes purpose of conducting businessoperation, maintenance and repairs are reserved to Landlord.
1.2 Tenant currently leases approximately 10,557 rentable square feet of space located on the first floor of the Building and known as Suites 101 and 105 pursuant to a written Office Lease entered into between Landlord's predecessor-in-interest, MBL Life Assurance Corporation, and Tenant, formerly known as Independent National Mortgage Corporation, dated April 9, 1996, as amended by that certain first Amendment to Office Lease dated February 19, 1997 (collectively, the Premises, including all Initial Improvements, shall be deemed accepted "Existing Lease")_ The 10,557 rentable square feet currently occupied by Tenant. Tenant shall also have and governed by the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project Existing Lease is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, included in its sole discretion, at any time and from time to time, to include the Building within entirety as 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 use portion of the Premises is not materially diminishedleased to Tenant hereunder and, therefore, upon the Commencement Date of This Lease, the Existing Lease shall be terminated in its entirety. As of the Commencement Date of this Lease, Landlord and Tenant shall be released from all liability under the Existing Lease for all claims, damages or losses that accrue after the Commencement Date. Notwithstanding the termination of the Existing Lease, Landlord and Tenant shall remain responsible under the terms of the Existing Lease for any claims, damages or losses that accrue prior to the Commencement Date of this Lease.
Appears in 1 contract
Premises. Subject In consideration for the rent to be paid and in accordance with the provisions hereofcovenants 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"), located in an office building development referred to in Section 1.01(H) (hereinafter referred to as the "Building"). The legal description of the Building is attached hereto as Exhibit "B". Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01(I) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, etc. in the building. The exterior walls and 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 are hereby reserved to Landlord, . Landlord reserves (a) such access rights through the Premises as designated on Exhibit A, consisting may be reasonably necessary to enable access by Landlord to the balance of the 6,255 RSFbuilding 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. Tenant agrees thatIn exercising such rights, except Landlord will use reasonable efforts so as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or not commit waste upon the Premises and no promises as far as practicable to alterminimize annoyance, repair interference or improve damage to Tenant when making modifications, additions or repairs. Subject to the Premises provisions of Article VIII contained hereinbelow, Tenant and its customers, agents and invitees have been made by Landlordthe right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building. Except as otherwise expressly provided in this Lease or To the Work Letter attached hereto, extent any spaces are designated for "customer parking" Tenant agrees to accept cause its employees not to park in said "customer parking" stalls. Said Premises are subject to restrictive covenants and conditions governing the Premises Utah Valley Business Park which are recorded 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 the office of the Premises for the purposes of conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landUtah County Recorder which are attached as Exhibit "F". 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 use of the Premises represents that Landlord is not materially diminishedaware of any conflict between the aforesaid restrictive covenants and conditions and the provisions of this lease.
Appears in 1 contract
Sources: Lease Agreement (Sento Corp)
Premises. Subject to and in accordance with the provisions hereof, 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the Premises as designated on Exhibit Aterms, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein covenants and conditions set forth in the Work Letter attached to this Lease, no representations the space (the "Premises") substantially shown outlined on the floor plan attached hereto as Exhibit A-1 and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. As used in this Lease, the term "Building" shall include the parcel or warranties relating parcels of land on which the Building is located and all appurtenances thereto. The Building is part of a larger business park known as Menlo Business Center as shown on the site plan attached hereto as Exhibit A‑2 (the land depicted on Exhibit A‑2, including the Building, shall be referred to herein as the condition "Business Center"). During the Lease Term, Tenant shall have the nonexclusive right, in common with other tenants of the Project Business Center, to use only for their intended purposes, exterior public portions of the Business Center, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Business Center, and portions of the inside of the Building, such as hallways, lobbies, and bathrooms, that are designated by Landlord from time to time as common areas and not leased to or allocated for the exclusive use of another tenant of the Business Center. Landlord shall have the right from time to time to change the size, location, configuration, character or use of any such common areas, construct additional improvements or facilities in any such common areas, or close any such common areas, provided that Landlord shall not unreasonably interfere with, preclude or materially adversely affect Tenant’s access to or use of the Premises, or any part thereof. Tenant shall not unreasonably interfere with the rights of Landlord and other tenants of the Building to use such common areas. All of the windows and outside decks or terraces and walls of the Premises and no promises to alter, repair or improve any space in the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition use thereof 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 access thereto through the Premises for the purposes of conducting businessoperation, maintenance and repairs, are reserved to Landlord. Subject to any temporary shutdown for repairs, for security purposes, for compliance with any legal restrictions, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, acts of terror, or other causes beyond the reasonable control of Landlord, Tenant shall have access to the Premises 24 hours a day, each day of the Lease Term and during the Early Occupancy Period referred to in Section 2.3 below.
1.2 Tenant acknowledges that ▇▇▇▇▇▇ has inspected the Premises and the Building or has had the Premises and the Building inspected by professional consultants retained by ▇▇▇▇▇▇, Tenant is familiar with the condition of the Premises and the Building, the PremisesPremises and the Building are suitable for Tenant's purposes, including all Initial Improvementsand the condition of the Premises and the Building is acceptable to Tenant. Landlord shall have no obligation to construct or install any improvements in the Premises or the Building or to remodel, renovate, recondition, alter or improve the Premises or the Building in any manner, and Tenant shall accept the Premises "as is" on the Commencement Date; provided, however, the foregoing shall not excuse Landlord of any of its maintenance, repair or replacement obligations under this Lease and Landlord agrees to deliver the Premises professionally cleaned. Landlord and Tenant expressly agree that there are and shall be deemed accepted no implied warranties of merchantability, habitability, fitness for a particular purpose, or any other kind arising out of this Lease and there are and shall be no warranties that extend beyond the warranties, if any, expressly set forth in this Lease. Notwithstanding the foregoing, Landlord shall be responsible for causing at no cost to Tenant (including as an Operating Expense or otherwise), the Building Systems to be in good condition and repair as of the Commencement Date and for a period continuing until the date that is ninety (90) days following the date Tenant first occupies the Premises (the “Warranty Period”); provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems, nor shall the foregoing diminish Tenant's obligations under this Lease, if any, to perform any repairs, modifications or improvements to the same necessitated after the Commencement Date, whether by reason of ▇▇▇▇▇▇'s use of the same, ▇▇▇▇▇▇'s Alterations, ordinary wear and tear, or otherwise. For purposes of the foregoing "Building Systems" means the plumbing, air conditioning, heating, electrical, mechanical, security, life safety and power systems serving the Building, except those special systems installed specifically for Tenant.
1.3 No easement for light, air or view is included with or appurtenant to the Premises. Any diminution or shutting off of light, air or view by any structure which may hereafter be erected (whether or not constructed by Landlord) shall in no way affect this Lease or impose any liability on Landlord.
1.4 Notwithstanding section 1.1 of this Lease relating to use of the common areas of the Building for parking, Tenant shall have the right to use, at no additional cost or charge to Tenant, the number of parking spaces specified in the Basic Lease Information. No parking spaces shall be reserved for the exclusive use of Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas such parking spaces solely for parking automobiles of the ProjectTenant's officers and employees. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretionshall not, at any time, use more than the number of parking spaces specified in the Basic Lease Information. Tenant shall comply with all reasonable Rules and Regulations and all laws now or hereafter in effect relating to the use of parking spaces. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant's parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord. In the event Tenant’s parking rights are materially diminished, curtailed, limited or adversely affected by any of the causes or events described in the immediately preceding sentence, Landlord shall exercise commercially reasonable and diligent efforts to restore ▇▇▇▇▇▇’s parking rights as soon as reasonably practicable under the circumstances.
1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist ("CASp"). As required by Section 1938(e) of the California Civil Code, Landlord also states that: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and from time manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to timecorrect violations of construction-related accessibility standards within the premises."
1.6 As permitted by the quoted language above, it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp's liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of this Lease applicable to Tenant contracts for construction; (c) the CASp inspection shall be conducted (i) at Tenant's sole cost and expense, (ii) by a CASp approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information and/or as required to be disclosed by law, court order or other civil process, such as a subpoena; and (e) to the extent that such CASp inspection requested by ▇▇▇▇▇▇ identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, the provisions of Article 14 below shall govern Tenant's responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such work at Tenant's expense, which expense shall be estimated by Landlord and prepaid by Tenant within ten (10) days after Landlord's request. When the work is substantially completed, the estimated and actual costs and charges for such work shall be compared and Tenant shall receive a credit against future Rent for any overpayment and shall pay any underpayment to Landlord with the next installment of Rent due hereunder. Tenant hereby waives, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Buildingextent permitted by law, the Common Areas, any and all rights it otherwise might now or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions hereafter have under Section 1938 of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedCalifornia Civil Code.
Appears in 1 contract
Sources: Lease (Talis Biomedical Corp)
Premises. Subject 2.1. In consideration of the Rent hereby agreed to be paid to Lessor by Lessee and the agreements and covenants herein made by Lessee, during the Lease Term, Lessor hereby leases to Lessee the Leased Premises, and grants the right to use Common Areas of the Leased Building and the right to use Common Areas of the Ichon Complex on a non-exclusive basis with Lessor upon the terms and conditions contained herein.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and ingress to, and egress from, the Ichon Complex for the purpose of using the Leased Premises and any Expansion Space, if applicable, in accordance with the provisions hereofthis Agreement, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, (ii) to use the Common Areas of the Project. Tenant acknowledges that Leased Building and (iii) to pass and ▇▇▇▇▇▇ to and from and through the Project is Leased Building or may become an integrated commercial real estate project any part thereof over and along roads, accessways, paths, corridors, hallways, highways, skybridges, walkways, arcades and all landscaped areas (including the Building, the Land pools and fountains) and other buildings, thoroughfares within the Ichon Complex owned by Lessor (together the “Common Areas of the Ichon Complex”), provided that Lessee shall fully comply with all Applicable Laws and landapplicable Rules and Regulations. 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 Lessor represents that all 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 such portions of the Common AreasIchon Complex are available for use by Lessee for the purpose using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, as in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws, to stop any such reduction by injunction, whether such reduction arises from the acts of Lessor, or any other party claiming an interest in the Ichon Complex against Lessor. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee.
2.3. Lessee acknowledges and agrees that Lessee has the right to occupy and use the Leased Premises only for the purposes provided, and upon the terms and conditions set forth, in this Agreement. In addition, Lessor hereby grants to Lessee a right to register the lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “Lease Right”) with the relevant real property registry offices, having a term of the Lease Term. The Parties each, upon the request of the other, agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the Lease Right during the Lease Term.
2.4. In addition to the Leased Premises leased herein, Lessor and Lessee acknowledge and agree that there may be additional space which has not been identified but which historically has been used by the System IC Division of Lessor and which shall continue to be required or desired by Lessee. If, within one year of the Closing Date, any such additional space is identified and requested by Lessee, Lessor shall provide such additional space to Lessee in a manner consistent with the other Leased Premises, at a price no greater than actual cost.
2.5. Lessor may request within the first sixty (60) days’ after the Closing by sixty (60) days’ prior written notice to Lessee that Lessee relocate its Leased Premises (the “New Leased Premises”) so long as the following conditions are satisfied: (a) the location and size shall be as shown on Exhibit A-2, (b) all terms and conditions set forth herein shall remain in full force and effect with respect to the New Leased Premises remain reasonably accessible (except that the Agreement will be amended solely to attach a new Exhibit B depicting the New Leased Premises), and Tenant’s use (c) Lessor shall pay all relocation costs relating to such relocation. In the event that Lessee relocates to the New Leased Premises, (a) Lessee has the right to expand into the Expansion Space in accordance with the terms of Article 23, and (b) to the extent that Lessee enters into an agreement with ASTEC (Hyundai Advanced Service Technology) (“ASTEC”) for certain of the Premises Utilities Services (the “ASTEC Agreement”), Lessor will provide those services not otherwise provided by ASTEC which Lessor is not materially diminishedobligated to provide hereunder, and the Utilities Fee shall thereafter be reduced pro rata commencing with the next due monthly payment.
2.6. Each Party shall cooperate with the other Party and take or cause to be taken such actions as may be reasonably requested by the other Party in order to comply with the other Party’s reasonable security rules and regulations.
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. Subject to and in accordance with the benefit of the provisions hereofof this Lease, Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises. The Premises as designated on Exhibit Aexclude the exterior faces of exterior walls, consisting the common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the 6,255 RSFBuilding. Tenant agrees thatshall have, except as expressly stated herein appurtenant to the Premises, the right 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 (provided such reasonable rules do not materially increase Tenant’s obligations or diminish Tenant’s rights under this Lease): (a) the common areas and facilities included in the Work Letter attached Building or on the parcel of land (the “Lot”) on which the Building is located, including, without limitation, a fitness center, locker rooms (including shower facilities) and a cafeteria, and within Burlington Office Park I (the “Park”) and all means of access to this Lease, no representations or warranties relating to the condition of the Project or and from the Premises and no promises the Building to alterthe common areas and facilities, repair or improve including without limitation the service, loading and parking areas (i.e., having a ratio of approximately 3.0 cars per 1,000 rentable square feet), all sidewalks, roads, driveways and the like, to the extent from time to time designated by Landlord; and (b) the Building service fixtures and equipment serving the Premises. Without limiting the generality of the foregoing, Tenant may use the internal building fire stairs for access to and from the floors on which the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or are located and (subject to the Work Letter attached heretoprovisions of Article 3) may install, 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 at Tenant’s taking possession of sole cost, security access equipment to permit entry by its employees from the Premises for the purposes of conducting business, fire stairs into the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and landLandlord’s reasonable approval. Landlord reserves the right, in its sole discretion, at any time and right 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 without unreasonable interference with Tenant’s occupancy and use of the Premises is or use of the common areas and facilities of the Building and the Park, (a) to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building or either, building service fixtures and equipment wherever located in the Building, and (b) to alter or relocate any other common facility provided that substitutions are substantially equivalent or better. Landlord’s exercise of the foregoing rights shall not materially diminishedincrease Tenant’s obligations or diminish Tenant’s rights hereunder, or materially interfere with Tenant’s parking rights.
Appears in 1 contract
Sources: Lease Agreement (Zoran Corp \De\)
Premises. Subject to and in accordance with the provisions hereof, The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the 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 as designated on Exhibit A, consisting 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 6,255 RSFNo Further Remediation letter or any deed covenants required thereby so long as they are consistent with the terms of the DECR (all as defined in Section 5.5, below). The Tenant agrees acknowledges that, except as expressly stated herein and set forth in the Work Letter attached to this Lease, there have been no representations or warranties relating to the condition made by or on behalf of the Project or the Premises and no promises Landlord with respect 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 also have the nonexclusive right, subject Building or the Property or with respect to the terms hereof, to use suitability of any of them for the Common Areas conduct of the ProjectTenant’s business or activities. Tenant acknowledges that The Premises shall exclude common areas and facilities of the Project is Property, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, first floor elevator lobby, 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 may become an integrated commercial real estate project including 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 Land Premises shall also exclude the common corridors, vestibules, elevator lobby, toilets, janitor’s closet, electrical and other buildingstelephone closet, Common Areas and landfreight elevator vestibule located on such floor. Landlord reserves the rightTenant shall have twenty four (24) hours per day, 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 seven (7) days per week access to portions of the Common Areas, as long as the Premises remain reasonably accessible and Tenant’s use of the Premises is not materially diminishedparking.
Appears in 1 contract
Sources: Lease (Exicure, Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord those certain Premises located at 1641 Rt 3 North, situated in the City of Crofton, County of ▇▇▇▇ Arundel, State of Maryland as shown on Exhibit A hereto. The Premises are approximately 37.5 feet in frontage by 68 feet in depth, containing approximately 2420 square feet of floor area. Landlord hereby lets and demises unto Tenant, and Tenant leases hereby rents, hires and takes of and from Landlord, for the Premises term, upon the provisions, covenants and conditions herein set forth, that certain building or portion of a building (herein referred to as designated the "Premises"), located within the area delineated in red on Exhibit "A" hereof, consisting entitled "Description of Premises". The Premises are situated on a portion of that certain real property (herein referred to as the "Office and Retail Center") situated in the County of ▇▇▇▇ Arundel, State of Maryland, and are located within the Office and Retail Center as depicted on Exhibit "C" hereof, entitled "Plot Plan". Copies of the 6,255 RSF. Tenant agrees thataforesaid Exhibit "A" and "C" are attached hereto, except as expressly stated herein incorporated herein, and in the Work Letter attached to by this reference made a part of this Lease, . Landlord makes no representations or warranties relating of any kind or nature as to the condition size, location, or time of the Project or the 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 construction of the Premises for the purposes of conducting business, any structures (other than the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land) shown on Exhibit "A". Landlord hereby reserves the right, in its sole discretion, right at any time and from time to time to make alterations or additions to the Premises, to build additional stories on the building in which the Premises are contained, and to build adjoining the same, and to install, maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through, under or over the premises, in locations serving other parts of the Office and Retail Center, which will not commercially interfere with Tenant's use of the Premises. Landlord also reserves the right to enlarge the area of the Office and Retail Center by acquisition or leasehold, to construct other buildings or improvements in the Office and Retail Center, from time to time, to include the Building within a project and/or make alterations thereof or additions thereto, to expand and/or reduce the amount of Land and/or improvements of which the Buildingbuild additional stories on any such building or buildings, the Common Areasto build adjoining same, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions construct doubledeck, subterranean or elevated parking facilities. It is understood and agreed that the depiction of the Common AreasOffice and Retail Center in Exhibit "C" hereof, as long as and the Premises remain reasonably accessible and Tenant’s use location of the Premises is in the Office and Retail Center as shown on Exhibit "A" hereof, shall be subject to such changes as may be certified by Landlord's architect as necessary for engineering or architectural purposes for the construction of other improvements to be constructed hereon. Any such changes so certified shall not materially diminishedinvalidate this Lease, and the description and location of the Premises as set forth in Exhibits "C" and "A" hereof, respectively, shall be deemed to have been expressly modified and amended herein in accordance with such changes.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, (a) Landlord hereby leases to Tenant, Tenant and Tenant leases hereby hires and takes from Landlord, Landlord the Premises as designated following: a building consisting of approximately 107,654 square feet of rentable area (the "Building") shown on Exhibit A, consisting located on real property known as ▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, as more particularly described in Exhibit B (the "Land"), together with all hallways, corridors, lobbies, lavatories, elevators, stairways, entrances, exits, sidewalks, driveways and the parking areas and all other areas and facilities of the 6,255 RSFBuilding and Land appurtenant thereto (the "Appurtenances") and all improvements located thereon. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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 also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the The Building, the Land and the Appurtenances are hereinafter collectively referred to as the "Premises". This Lease confers no right or obligation (except as otherwise may be expressly set forth in this Lease) either with respect to subsurface of the Land beneath the Building or the air space above the Building, except that Tenant shall have a license to access the subsurface areas to repair utility lines and for other buildingsmatters incidental to Tenant's rights and obligations under this Lease.
(b) Subject to the rights of Nationwide Mutual Insurance Company, Common Areas referenced below, Landlord warrants that it and landno other person or entity has the right to lease the Premises to Tenant. Except for any express representations of Landlord contained herein and those matters which Landlord has expressly retained liability for under the terms of this Lease, Tenant acknowledges and agrees that it has accepted the Premises in its "As Is, Where Is and with All Defects" condition. Tenant represents that it has not relied upon any representations and warranties of Landlord or its agents except for those representations expressly set forth in this Lease.
(i) Landlord has executed a lease dated August 27, 1996, with Nationwide Mutual Insurance Company (Nationwide), as tenant, for approximately 8,625 square feet of rentable area in the Building (Nationwide Lease), and Landlord represents to Tenant that a true, accurate and complete copy of the Nationwide Lease, including any and all amendments thereto, is attached and made a part of this Lease as Exhibit G. Landlord shall pay all brokerage commissions or fees arising from the execution of the Nationwide Lease, if any. Tenant will, at its expense, complete the improvements of Nationwide's premises in the Building as required under the Nationwide Lease (Nationwide work). Effective as of the execution date of this Lease, Landlord shall be deemed to have assigned to Tenant all of Landlord's right, title and interest in and to the Nationwide Lease (except to cure any default of Landlord under the Nationwide Lease preceding the assumption of the Nationwide Lease by Tenant) and except for the item listed in the preceding parenthesis, Tenant shall, effective as of the execution date of this Lease, be deemed to have assumed all of Landlord's rights and obligations under the Nationwide, and Tenant will perform and observe all the covenants and conditions therein contained on Landlord's part to be performed and observed, which shall accrue from and after the date of such assumption. without limitation to Tenant's other rights as landlord under the Nationwide Lease, Tenant shall be entitled to collect the rent (fixed minimum rent and additional rent) from Nationwide. Landlord and Tenant shall execute an instrument confirming such assignment and assumption in the form of Exhibit J hereto, promptly following the execution date of this Lease, however such instrument shall not be deemed a pre-condition to the consummation of the assignment and assumption of the Nationwide Lease as the assignment and assumption provisions hereof shall be deemed self-operative. Such instrument of assignment and assumption of the Nationwide Lease shall promptly be recorded of record and if this Lease shall terminate prior to the termination of the Nationwide Lease, then the Nationwide Lease shall automatically be deemed re-assigned to Landlord without the formality of a signed writing of assignment. Tenant agrees, however, that in such event it shall execute a reasonable instrument in recordable form reassigning the Nationwide Lease to Landlord in confirmation of such assignment. Tenant shall indemnify and hold Landlord harmless from and against any breach by Tenant of its obligations as landlord under the Nationwide Lease, which indemnity shall survive the termination of this Lease. Tenant further agrees to exercise its rights as landlord thereunder to require Nationwide to comply with Nationwide's obligations thereunder to provide subordination agreements. estoppel certificates, notice and opportunity to cure to Landlord and its lenders and any other matters that may expose Landlord to liability. Landlord shall have, and hereby reserves, the right to cure defaults of Landlord under the Nationwide Lease occurring prior to the date that the Nationwide Lease is assumed by Tenant and those obligations of Landlord which are not being assigned to Tenant and Landlord also reserves the right, in at its sole discretionoption. to enforce the landlord's rights under the Nationwide Lease to the extent such enforcement is necessary to the preservation of Landlord's rights hereunder and with respect to the Premises, at any time including Nationwide's obligation to provide subordination agreements and from time estoppel certificates. Once the Nationwide Lease is assigned to timeTenant, Landlord shall have the right to include look to Tenant as 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 tenant of the Common Areasentire Building pursuant to this Lease, as long as and Tenant shall enforce the Premises remain reasonably accessible and Tenant’s use of Nationwide Lease in the Premises is not materially diminishedmanner necessary for Tenant comply with this Lease.
Appears in 1 contract
Sources: Lease Agreement (GTJ REIT, Inc.)
Premises. Subject (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises, for the Term, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease. Not included in the Premises are the roof, exterior walls, the common stairways, stairwells, elevators and elevator shafts, and pipes, ducts, conduits, wires, and appurtenant fixtures serving exclusively or in common with other parts of the Building, and if the Premises consist of less than the entire rentable area of any floor, the central core area of such floor, if any.
(b) Tenant shall have, as an appurtenance to the Premises, rights to use in common with others, subject to reasonable rules and regulations established from time-to-time by Landlord: (1) the common areas of the Property, including the common lobbies, hallways, bathrooms, stairways, loading docks and bays, and elevators of the Building and the Garage; (2) common walkways necessary for access to the Building; and (3) if the Premises consist of less than the entire rentable area of any floor, the common bathrooms and other common facilities in the central core area of such floor.
(c) Landlord shall make available to the Tenant during the Term of this Lease passes for parking spaces in the Garage at the rate of one (1) parking pass for each 2000 square feet of Rentable Area in the Premises (the “Maximum Parking Pass Allotment”), on an unassigned basis and subject to the reasonable rules and regulations from time to time in force. Tenant shall pay, as Additional Rent, a monthly parking charge for such passes, which charge shall be at the prevailing rate in effect from time to time. Tenant shall notify Landlord on or before the Commencement Date as to how many of such parking passes Tenant desires to use. From time–to-time during the Term Tenant may elect to reduce or increase the number of parking passes (provided, however, that Tenant may not increase the number of parking passes to an amount that is more than the Maximum Parking Pass Allotment) used by it by providing not less than thirty (30) days prior notice thereof to Landlord. After any such reduction, Tenant may from time-to-time request additional parking passes; provided, however (i) at no time shall Tenant be entitled to more parking passes than the Maximum Parking Pass Allotment, and (ii) Landlord shall have no obligation to provide such additional parking passes unless Landlord determines in its sole discretion that a sufficient number of parking spaces are then available in the Garage.
(d) Landlord reserves the right to exercise, from time-to-time the following rights: (1) to install, use, maintain, repair, replace and relocate for service to the Premises and/or other parts of the Building the areas within the Premises above the dropped ceilings (or if there is no dropped ceiling, within three (3) feet of the roof deck) and below the floor for pipes, ducts, conduits, wires and appurtenant fixtures, (2) to alter or relocate any other common facility, (3) to make any repairs and replacements to the Premises which Landlord is obligated to perform, and (4) in connection with any excavation made upon adjacent land of Landlord or others, to enter and to permit others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the walls of the Building from injury or damage and to support the same. In connection with the exercise of the foregoing rights Landlord shall exercise reasonable efforts to minimize interference with the usual and customary operations of Tenant in the Premises in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the condition of the Project or the 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, .
(e) Landlord shall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 during the Extension Term, upon not less than sixty (60) days prior notice to timeTenant (a “Relocation Notice”), to include provide and furnish Tenant with premises elsewhere in the Building within a project and/or to expand and/or reduce of approximately 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 same size as the Premises remain as determined by Landlord in its reasonable discretion (the “Substitute Premises”) and to relocate Tenant from the Premises to the Substitute Premises. If Landlord relocates Tenant to the Substitute Premises, then on the date specified on the Relocation Notice Tenant shall move its improvements, equipment, and personal property to the Substitute Premises and shall reinstall and reconstruct such improvements, equipment and personal property in the Substitute Premises in a manner and fashion reasonably accessible comparable to the Premises. Upon receipt of invoices and evidence of payment thereof by Tenant, Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in connection with the relocation of said equipment and personal property and the reinstallation thereof in the Substitute Premises. In connection with any such relocation, Landlord shall exercise reasonable efforts to minimize the disruption of Tenant’s use operations in the Premises. Upon the exercise by Landlord of the foregoing relocation right, this Lease and each of the terms, covenants and conditions hereof shall remain in full force and effect and be applicable to the Substitute Premises. In such event, the Substitute Premises shall thereafter be deemed to be substituted for the original Premises and Tenant shall have no further rights or interests in or to the original Premises. The provisions of this Section 2.1(e) shall be self-operative; however, at either party’s request, Landlord and Tenant shall enter into an amendment of this Lease confirming the relocation of the Premises is not materially diminishedto the Substitute Premises.
Appears in 1 contract
Sources: Lease (Kura Oncology, Inc.)
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises as designated described in Section 1.3 together with the tenant improvements described on Exhibit A, consisting C ("Tenant Improvements") and together with rights of ingress and egress over public and common areas in the Building and on the land legally described on Exhibit A ("Land"). Tenant's lease of the 6,255 RSFPremises shall be subject to all of the terms and conditions of this Lease. Tenant agrees thatThe Premises, except Building, Land, and the improvements on the Land other than the Building, are sometimes collectively referred to in this Lease as expressly stated herein the "Property". Landlord shall complete Landlord's Work in accordance with Exhibit C. Landlord represents that the Building Improvements, upon substantial completion, shall materially comply with all applicable codes, regulations, ordinances and laws including without limitation the American With Disabilities Act. Notwithstanding anything to the contrary in the Work Letter attached to this Lease, no representations or warranties relating Tenant shall provide Landlord and Landlord's contractor with such access to the condition of the Project or the Premises as may be required by Landlord and Landlord's contractor to efficiently perform Landlord's Work. Tenant acknowledges and agrees that Landlord shall have no promises obligation to alter, repair or improve the Premises have been made by Landlord. Except except as otherwise may be expressly provided in this Lease set forth on Exhibit C. On or before the Work Letter attached heretoCommencement Date, Tenant agrees to accept Landlord shall recalculate 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 "net rentable square feet" of the Premises Premises. The recalculated net rentable square feet shall be certified by Tenant's architect prior to the Commencement Date. Net rentable square feet shall be calculated in accordance with BOMA standards, utilizing a load factor of Seven and 90/100 percent (7.9%) for the purposes Building which may be changed upon the alteration of conducting business, tenant spaces or building common areas before the Premises, including all Initial Improvements, shall confirmation date letter to be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, subject sent according to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminishedsection 3.5.
Appears in 1 contract
Premises. Subject to and in accordance with the provisions hereof, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the Premises rent and subject to the provisions of this Lease, the space (the "Premises") reflected on the floor plan(s) attached as designated on Exhibit "A" hereto, consisting of the 6,255 RSFentire fourth (4th) floor and approximately the east one-half (2) of the third (3rd) floor of the building (the "Building") known as River Place Pointe II located at 6500 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, Texas, in River Place Pointe (the "Project"). Tenant agrees thatThe Project is a multi-building office project under construction by Landlord containing multiple office buildings, except ground-level open areas and walkways, parking areas and garages and other structures or improvement located on the real property described on Exhibit "B" attached hereto and made a part hereof for all purposes (the "Land"). The Building, as expressly stated herein well as River Place Pointe I and the River Place Pointe Parking Garage I ("Parking Garage I") are currently under construction by Landlord. It is anticipated that the Premises will contain approximately 40,691 square feet of rentable area and the Building will contain approximately 112,782 net rentable square feet as measured by the most recent BOMA Standard Method of Floor Measurement (the "BOMA Standard(s)"). The usable and rentable square footage of the Premises shall be measured by Landlord's architect, and such measurement shall be approved by Tenant's architect, in accordance with BOMA Standards, taking into account that the fourth floor will be a single tenant floor and the third floor will be a multi-tenant floor. In the event the measurement of the Premises according to BOMA Standards results in a change in the Work Letter attached to this Lease, no representations or warranties relating to the condition rentable area of the Project or Premises, all appropriate terms herein shall be adjusted accordingly. Within ten (10) days after the Commencement Date Tenant and Landlord shall execute a declaration (in the form of Exhibit "D" hereto) specifying, among other things, the measurements of the Premises and no promises to alter, repair or improve the Premises have been made Building as determined 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 's architect 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 approved by Tenant. Tenant shall also have the nonexclusive right, subject to the terms hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 use of the Premises is not materially diminished's architect.
Appears in 1 contract
Sources: Lease Agreement (Eloyalty Corp)
Premises. Subject to the following terms and in accordance conditions, Town does hereby agree to partner with the provisions hereofNorth Carolina Wildlife Resources Commission for the development of a Public Water Access Facility in the Town of Sunset Beach, Landlord leases to TenantBrunswick County, North Carolina, more particularly described as follows: . BEING all of Tracts 1 & 2, Section A, Twin Lakes Development, Sunset Beach, as shown in Map Cabinet 33 at Page 202 of the Brunswick County Registry, and Tenant leases from Landlord, as more particularly described by deed to the Premises as designated on Exhibit A, consisting Town of Sunset Beach recorded in Book 2840 at Page 389 of the 6,255 RSF. Tenant agrees thatBrunswick County Registry, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating together with that certain property conveyed to the condition Town of Sunset Beach by gift deed recorded in Book 2840 at Page 392 of the Project Brunswick County Registry, all of which is hereinafter called "Premises" or "Property". A conceptual site plan showing the Premises lot and no promises the proposed layout of the Water Access Facility is attached hereto as Exhibit A and incorporated herein by reference. In the event that Commission desires to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in modify this Lease or the Work Letter site plan attached hereto, Tenant agrees Commission shall notify Town in writing and Town shall have 30 days from such notification to accept review and approve the Premises in their current “AS ISproposed revision, WHERE IS” condition such approval not to be unreasonably withheld. Town reserves the right of ingress, egress and acknowledges that LANDLORD MAKES NO WARRANTIESregress over, EXPRESSED OR IMPLIEDacross and through the Property for its employees, INCLUDINGofficers, BUT NOT LIMITED TOagents, 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 and members of the Premises public, provided, however, that Commission shall have the right to develop, manage and administer the premises as part of a free public boating access including vehicle and trailer parking on a 24 hour, 7 days a week basis with no closure of the site except for repairs and improvements or in times or emergencies. Commission shall have control over the site for purposes of conducting businessoperating the Boating Access Site including but not limited to parking regulations, speed restrictions, and other use regulations. During the Premisesterm of this agreement and any renewal thereof, including all Initial Improvements, Town shall be deemed accepted by Tenant. Tenant shall also continue to have the nonexclusive rightuse of and access to, subject to the terms hereoffor public and recreational purposes, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, 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 those portions of the Common Areaspremises not used by or needed as part of the site plan by the North Carolina Wildlife Resources Commission. On such lands or areas not needed by Commission for Water Access Site purposes, as Town and its authorized agents may place docks, structures, parking facilities, fishing piers, picnic tables and other improvements so long as the Premises remain reasonably accessible and Tenantsame does not interfere with Commission’s water access facility use or the safety of boaters, vehicles, property or patrons of the Premises is not materially diminishedSite.
Appears in 1 contract