Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 3 contracts
Sources: Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc)
Premises. Lessor Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord, upon and subject to the termterms, at the rentalcovenants and conditions hereinafter set forth, and upon all the conditions set forth herein, real property that certain parcel of land situated in the County of ChippewaRiverside, and State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "Future Expansion,B" ("Work Letter") then lessor shall promptly deliver to Lessee a notice be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of its intent to lease trust, reservations, covenants, conditions, restrictions and other matters affecting the Future Expansion Premises. Lessee shall have a period of thirty Premises (30"Title Matters") days within which to exercise its right of first refusal to lease (i) in effect on the Future Expansion Premises upon the terms and conditions Effective Date of this LeaseLease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, but at a rate as acceptable to the proposed third party tenant. If("Permitted Encumbrances") and (b) any law, howeverregulation, the Lessor has available space in the Future Expansion Premisesrule, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition order or ordinance of any governmental entity applicable to the Premises described hereinor the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In that casethe event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of the delivery of the written reminder notice, the lease of that Future Expansion Premises new Title Matter shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentaldeemed approved.
Appears in 3 contracts
Sources: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)
Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the Lessor's Building #104 herein referred land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as the "Building." The Premises, 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common AreasFacilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, along in common with all other buildings Tradeport tenants and improvementsoccupants and authorized users the right to use the entrances, are herein collectively referred exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the "Presto Facility." If at “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any time during any term documents or renewal term plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease, Lessor receives Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is willing otherwise necessary to accept a bona fide offer from a third party construct the Building and Common Facilities) (ii) to lease amend the 200 Ground Lease to include that portion of Lessors building which is adjacent the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises (identified on Exhibit "A" as "Future Expansion,"Ground Lease Amendment”) then lessor shall promptly deliver provide for the addition of that portion of the Lot not presently leased to Lessee a notice of its intent to lease Sublessor under the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable Ground Lease to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by premises currently leased thereunder on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as outlined (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease Agreement. In either case, as necessary to reflect the parties existence thereof and to include such other amendments to the Exhibits hereto shall enter into an amendment as is reasonably necessary to this Lease Agreement describing reflect the additional space to be leased and configuration of the term of that rentalLot as approved by the PDA.
Appears in 3 contracts
Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Premises. Lessor Pursuant to the Master Lease specified below, Manager shall provide GROUP with adequate administrative office space at the addresses described therein (the “Premises”) and Group shall retain all of its remaining facilities for the operation of the Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to be paid to Manager under the terms of this Agreement, Manager hereby leases to Lessee GROUP during the term of this Agreement the furniture, fixtures and Lessee equipment (the “FF&E”) listed on Exhibit “B” attached hereto and incorporated herein by this reference, under the following terms and conditions:
1.1. Manager is the lessee under certain leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Premises (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at “Master Lease”) copies of which are attached hereto as Exhibit “A” and incorporated herein by this reference. GROUP hereby acknowledges that the Premises described in the Master Lease are suitable for the administrative office of the Practice. Based and contingent upon GROUP’s promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions:
1.1.1. This sublease between Manager and GROUP of the Premises shall be subject to all of the terms and conditions of the Master Lease. In the event of the termination of Manager’s interest as lessee under the Master Lease for any time during any term or renewal term of this Leasereason, Lessor receives and then the sublease created hereby shall simultaneously terminate unless GROUP is willing to accept a bona fide offer from a third party assume the obligations under the Master Lease and the Lessor consents thereto.
1.1.2. All of the terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to lease that portion “Lessor” and “Lessee,” to be deemed to refer to Manager and GROUP, respectively) and, along with the provisions of Lessors building which is adjacent to this Section and Exhibit “A,” shall be the Premises (identified on Exhibit "A" complete terms and conditions of the sublease created hereby.
1.1.3. Notwithstanding the foregoing, as "Future Expansion,") then lessor between Manager and GROUP, Manager shall promptly deliver to Lessee a notice remain responsible for meeting the financial obligations of its intent to lease “Lessee” under the Future Expansion Premises. Lessee Master Lease, and GROUP shall have a period no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard.
1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically.
1.1.5. If the Master Lease contains an option to renew the term thereof, Manager shall notify GROUP, at least thirty (30) days within which prior to exercise its right the expiration of first refusal the time for exercising such option, of Manager’s intention to lease the Future Expansion Premises renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP’s option and upon the consent of the Landlord in accordance with the terms and conditions of this the Master Lease, but at a rate as acceptable assign the Master Lease to the proposed third party tenant. IfGROUP, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party including Manager’s right to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and renew the term of that rentalthereof.
Appears in 3 contracts
Sources: Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc)
Premises. Lessor (a) In consideration of the obligation of Tenant to pay Rent as herein provided, Landlord hereby leases lets to Lessee Tenant and Lessee leases Tenant takes and hires from Lessor Landlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, to have and to hold for the termTerm, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent subject to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms terms, covenants and conditions of this Lease, but at a rate as acceptable together with, appurtenant to the proposed third party tenant. If, howeverPremises, the Lessor has available space right to use in common with Landlord and other tenants, occupants and visitors to the Building, the common lobbies, hallways, loading areas, and other common areas, all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and regulations.
(b) Tenant shall also have the right to use and exclusively occupy that portion of Building 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and hereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, Building 4 shall be incorporated for the purpose of this Lease as part of the Premises.
(c) Tenant shall have the right to use, in common with Landlord and other tenants of the Buildings, the areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, which shall not be considered part of the Premises hereunder, shall be subject to reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Buildings. It is understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the Future Expansion Premisesevent Landlord, but has not received a bona fide offer from a third party leases such areas to lease said Premisesanother tenant.
(d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, Lessee may lease that space in addition together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and replacing utilities, equipment, and other facilities serving the Premises described herein. In that caseand Tenant’s operations therein, tenant shall have the lease of that Future Expansion Premises shall be right at all times to access the Unrestricted Tenant Access Area, and the same rental and governed by shall not be considered part of the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPremises hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Landlord those premises (herein hereinafter referred to as the "“Premises,"”), described in Section 1(d) including rights to common areas hereof and designated on Exhibit “A” attached hereto in the building commonly known as the ▇▇▇▇▇▇ Building and located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, consisting of approximately 815,119 rentable square feet of floor area (hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "“Building”), together with the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Building (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."
(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 Common Areasrentable area of the Premises, along with all other buildings and improvements, are herein collectively referred to as well as the "Presto Facility." If at any time during any term or renewal term Building, shall contain a proportionate share of this Leasethe Common Areas of the Building, Lessor receives utilizing a common area load factor not to exceed nine and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent half percent (9.5%) with respect to the Premises fourth floor and fifteen percent (identified on Exhibit "A" as "Future Expansion,"15%) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable with respect to the proposed third party tenant. Iffifth floor.
(c) The rentable square foot area of the Premises shall be measured by Landlord’s architect (“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 Lessor has available space in the Future Expansion Premisesmeasurement or calculation by Landlord’s architect, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to an independent architect jointly selected by Landlord and Tenant shall promptly measure the Premises described hereinand 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 casepreviously utilized, the lease of that Future Expansion Premises Landlord and Tenant shall be at the same rental promptly execute and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into deliver an amendment to this Lease Agreement describing reflecting the additional space rentable square foot area set forth in such certification and Sections 1(d), 1(h) and 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to be leased the Premises and reasonable portions of the Common Areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, subject to Section 33 hereof and Exhibit “E” hereto.
(e) Subject to the 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 term fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of that rentalthe Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, 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, other tenants and occupants of the Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially and 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, however, the foregoing shall not preclude Landlord from modifying the Building lobby, or modifying or eliminating areas outside of the Building or (b) not materially or adversely increase any obligation of Tenant under this Lease. 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 or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the central core area of the Building, 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 to create the least practicable interference with Tenant’s use of the Premises and (z) no such work by Landlord, 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, Landlord agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the Premises.
(f) Landlord reserves the right from time to time upon at least ninety (90) days’ advanced written notice, including the proposed relocation date (the “Relocation Notice”), to relocate the portion of Tenant’s Premises located on the fourth floor only to other premises within the Building prior to or during the Term of this Lease; provided (i) the usable area so substituted equals or exceeds the usable area of the fourth floor of the Premises and (ii) the buildout and finish of the replacement space shall be substantially the same as, or better than, the fourth floor of the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant, and Lessee Tenant hereby leases from Lessor Landlord, for the term, at the rentalrent, and upon all the covenants and conditions hereinafter set forth hereinforth, real property situated that certain Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the County City of ChippewaXXXX, State of WisconsinCalifornia, consisting 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 58,725 square feet as outlined 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 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 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 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 (4) all matters known to Tenant or of which Tenant has notice, constructive or otherwise, including, without limitations, those shown on the attached map Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.A.”
Appears in 2 contracts
Sources: Right of Way Use Agreement, Right of Way Use Agreement
Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for (a) Effective as of December 1, 2009 (the term“Expansion Effective Date”), at the rentalPremises, and upon all the conditions set forth herein, real property situated as defined in the County of ChippewaLease, State of Wisconsin, consisting of 58,725 is increased from approximately Nine Thousand One Hundred Seventy-Two rentable square feet as outlined on the attached Exhibit "A," Tenth (herein referred to as the "Premises,"10th) including rights to common areas as hereinafter specified. The Premises are a portion Floor of the Lessor's Building #104 herein referred to as approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the "Building." The Premises, Tenth (10th) Floor of the Building by the addition of the Expansion Premises. From and after the Common AreasExpansion Effective Date, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent references to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor in the Lease shall promptly deliver to Lessee a notice of its intent to lease mean, collectively, the Future Existing Premises and the Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease The Term for the Future Expansion Premises upon shall commence on the Expansion Effective Date and end on the Extended Termination Date, unless sooner terminated pursuant to the terms of the Lease. The Expansion Premises is subject to all the terms and conditions of this Leasethe Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Premises unless such concessions are expressly provided for herein with respect to the Expansion Premises.
(b) Notwithstanding anything to the contrary set forth in Paragraph 3(a) above, if Landlord fails to deliver Tenant possession of the Expansion Premises on or before the Expansion Effective Date for any reason, including without limitation, holdover by prior occupants, Landlord shall not be liable for any claims, damages or liabilities as a result thereof, but the Expansion Effective Date shall be delayed to be the date upon which Landlord delivers possession of the Expansion Premises to Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), either Landlord or Tenant, at the request of the other, shall execute a rate as acceptable to declaration specifying the proposed third party tenant. IfExpansion Effective Date; provided, however, that failure to execute, or request execution of, such declaration shall not in any way alter the Lessor has available space in Expansion Effective Date. If the Future Expansion Premises, but has Effective Date is delayed the Extended Termination Date shall not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalsimilarly extended.
Appears in 2 contracts
Sources: Lease Agreement (Adamas Pharmaceuticals Inc), Lease Agreement (Adamas Pharmaceuticals Inc)
Premises. Lessor hereby Landlord leases to Lessee Tenant the premises described in Section 1. and Lessee leases from Lessor in EXHIBIT A (the "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, including, without limitation, that work which Landlord is required to perform pursuant to the provisions of Section 29 below, (2) the terms and representations of this Lease, including, without limitation, those set forth in Sections 8 and 29 below, and (3) Landlord's agreement to cause the Project to comply with any notice (as defined in subclause (A) and (B) below, a "GOVERNMENTAL NOTICE") which is (A) issued either before or after the Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the termpurpose of causing the Project to be in compliance with a zoning, at municipal, federal, county or state law, ordinance or regulation in effect as of the rentaldate of execution and delivery of this Lease (exclusive of an order to cause such compliance with respect to any improvements to and/or the use of the interior of the Premises; provided, however, that if and as long as Tenant utilizes improvements in the Premises in the condition of such improvements existing as of the Date of Lease without undertaking any modifications thereto, Landlord shall cause such existing improvements to comply with any such Governmental Notice), Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and upon accepts this Lease subject thereto and to all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the matters disclosed thereby and by any exhibits attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedhereto. The rentable square footage of the Premises are shall include a portion of the Lessor's Building #104 herein referred to as common area of the "Building." The Premises, the Building Project and the Common Areasoccupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, along with all other buildings in Landlord's sole good faith discretion: (i) to make changes, including, without limitation, changes in the location, size, shape, number and improvementsappearance to the Project (excluding the Premises to the extent that size, are herein collectively referred shape, and/or location is affected) interior and exterior, including but not limited to the lobbies, windows, stairways, air shafts, elevators, restrooms, driveways, entrances, parking spaces (provided that Tenant's allotted parking spaces shall not be reduced and shall otherwise be located in similar proximity to the Premises), parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and walkways; (ii) to close temporarily any part of the Project for maintenance purposes so long as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent reasonable access to the Premises remains available; (iii) to designate other land and improvements outside the boundaries of the Project to be a part of the Project, provided that such other land and improvements have a reasonable and functional relationship to the Project; (iv) to add additional buildings and improvements to the Project; (v) to use the common areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Project as Landlord may, in the exercise of sound business judgment deem to be appropriate, provided (x) none of the above adversely interferes in any specific and significant manner given Tenant's actual requirement with respect to the utilization of the affected portion of the Premises for the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the Project, (y) Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities shall not affect "mission critical" areas of the Premises, as such areas are identified on Exhibit "A" as "Future Expansion,") then lessor shall by Tenant to Landlord promptly deliver to Lessee a following receipt by Tenant of notice from Landlord of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalintended activities.
Appears in 2 contracts
Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)
Premises. Lessor (a) Landlord, in consideration of the rents to be paid and covenants and agreements to be performed by Tenant, does hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County lease unto Tenant premises comprised of Chippewa, State of Wisconsin, consisting of 58,725 approximately 20,000 square feet as outlined on the attached Exhibit "A," of leasable space (herein referred to as the "Premises,") including rights to common areas in the shopping center owned by Landlord containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as hereinafter specifiedChagrin Highlands, in the City of Cleveland, County of Cuyahoga and State of Ohio (the "Center"). The Premises are a portion location, size, and area of the Lessor's Building #104 herein referred to Premises and of the Center as of the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to Commencement Date (defined below) will be substantially as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified 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 "Future Expansion,"B" and made a part hereof.
(b) then lessor The square footage specified in Section 1(a) shall promptly deliver be certified to Lessee a notice 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 its intent such certification to lease verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the Future Expansion 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. Lessee 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 have be proportionately adjusted, but the foregoing shall not be construed as permitting a period of thirty material variance in dimensions or area.
(30c) days within which to exercise its right of first refusal to lease Landlord covenants that the Future Expansion Premises upon Center is or shall be developed in accordance with the terms Site Plan and conditions 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, but at a rate as acceptable visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the proposed third party tenant. If, however, Center shall (i) reduce the Lessor has available space ratio of parking spaces (for standard size American cars) to gross leasable area of buildings in the Future Expansion Center below five (5) spaces per 1,000 square feet of leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the "Protected Area", (iii) interfere with truck access to the loading doors of the Premises, but has not received a bona fide offer from a third party (iv) materially adversely interfere with customer access to lease said the Premises, Lessee may lease that space in addition (v) materially adversely interfere with the visibility of the Premises from the roads providing direct access to the Premises described hereinCenter, or (vi) result in the construction of any buildings in the area designated "No Build Area" on the Site Plan. In that caseperforming any construction work, repairs or maintenance in the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in Center permitted under this Lease Agreement. In either caseafter Tenant has taken physical possession of the Leased Premises, Landlord shall use good faith, commercially reasonable efforts to prevent any interference with parking for, access to or visibility or use of the parties hereto shall enter into an amendment to this Lease Agreement describing Premises or the additional space to be leased and the term business of that rentalTenant or any subtenant or licensee of Tenant.
Appears in 2 contracts
Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Landlord those premises (herein hereinafter referred to as the "“Premises,"”), described in Section 1(d) including rights to common areas hereof and designated on Exhibit “A” attached hereto in the building commonly known as the ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Boulevard, Detroit, Michigan, consisting of approximately 65,250 rentable square feet of floor area (hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "“Building." ”), together with the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Premises, the Building and the Common Areas, along with all other buildings and improvements, common areas are herein collectively hereinafter referred to as the "Presto Facility“Development,” more particularly described on Exhibit “B” hereto." If at any time during any term or renewal term
(b) The rentable area of this Leasethe Premises, Lessor receives 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 is willing 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 accept a bona fide offer from a third party to lease that portion exceed twelve percent.
(c) The rentable square foot area of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms Landlord and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. IfTenant; provided, however, that if Tenant disagrees with the Lessor has available space in the Future Expansion Premisesmeasurement or calculation by Landlord’s architect, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises described hereinand 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 casepreviously utilized, the lease of that Future Expansion Premises Landlord and Tenant shall be at the same rental promptly execute and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into deliver an amendment to this Lease Agreement describing reflecting the additional space rentable square foot area set forth in such certification and Section 1(h) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be leased in the same general location and have the term of that rentalsame general utility as the access afforded on the Commencement Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord the term, at Premises subject to the rentalprovisions herein contained. Tenant has inspected the Premises (and portions of the Property and Center providing access to or serving the Premises) or has had an opportunity to do so, and upon all agreed to accept the conditions set forth hereinsame “AS IS” without any agreements, real property situated in the County of Chippewarepresentations, State of Wisconsin, consisting of 58,725 square feet as outlined understandings or obligations on the attached Exhibit "A," part of Landlord to perform any Alterations, repairs or improvements unless expressly provided under this Lease. Tenant further acknowledges that Landlord has not made any representation or warranty (herein referred express or implied) with respect to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion habitability, condition or suitability of the Lessor's Building #104 herein referred Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to the contrary contained in this Lease and without reducing any other obligations of Landlord hereunder, Landlord represents and warrants to Tenant that, as of the "Building." The PremisesCommencement Date, (i) the Premises shall be free and clear of occupants and third party occupancy rights, (ii) the Building and the Common AreasPremises and every part thereof, along shall be in compliance with all other buildings applicable codes, laws, ordinances and improvementsregulations, are herein collectively referred to (iii) all Landlord’s Work shall be substantially completed in a good and workmanlike manner and free from defects with the exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (iv) the "Presto Facility." If at any time during any term or renewal term structural elements of this Leasethe Building, Lessor receives the electrical and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to lighting systems serving and within the Premises, the life safety systems servicing the Premises, if any, the sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and sewer systems serving the Premises (identified and the window coverings on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental are all in good working order and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalcondition.
Appears in 2 contracts
Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Premises. Lessor hereby leases Subject to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term terms of this Lease, Lessor receives Landlord leases to Tenant and is willing Tenant leases from Landlord the entirety of the Premises. Tenant accepts the Premises in its “AS IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to accept the Commencement Date, representatives of Landlord and Tenant shall conduct a bona fide offer walk-through of the Premises at a mutually convenient time to determine if any Building Systems are not working. If any Building Systems are not working at such time, then Landlord shall promptly repair the same at Landlord’s expense. Landlord and Tenant
(a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree to the rentable square footages set forth in Sections 1(c) above for all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the parking lot located on the Land, (ii) improve the parking lot with slurry seal on the asphalt area and new striping of the asphalt and concrete areas, which shall result in approximately three (3) parking spaces per each 1,000 square feet of the Building; and (iii) construct a third party to lease that portion of Lessors building which is adjacent trash enclosure, and (iv) complete any other work or improvements to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice required by the City of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable Sunnyvale pursuant to the proposed third party tenant. If, howevernecessary permit to complete the trash enclosure (collectively, the Lessor has available space “Landlord’s Work”). Landlord’s Work shall be completed in accordance with all Laws and regulations of the Future Expansion PremisesCity of Sunnyvale, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises and shall be at Landlord’s cost. Landlord shall use commercially reasonable efforts to complete items (i) and (ii) by August 1, 2016 and items (iii) and (iv) by September 1, 2016. Each of the same rental parking spaces striped by or on behalf of Landlord shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for Tenant’s use. Furthermore, all data wiring serving the Premises and governed by existing prior to the same terms Commencement Date (the “Cabling”) shall remain intact and conditions as outlined in this Lease Agreementplace, and Tenant shall have the right to use such Cabling during the Term, but any changes to the Cabling shall be at Tenant’s sole expense. In either caseLandlord represents and warrants that to Landlord’s actual knowledge, the parties hereto shall enter into an amendment to this Lease Agreement describing Premises is compliant with all Laws, except for the additional space to be leased and need for a trash enclosure if the term user of that rentalthe Building does not compost all of its waste.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Premises. Lessor hereby Subject to and in accordance with the provisions hereof, Landlord leases to Lessee Tenant, and Lessee Tenant leases from Lessor for Landlord, the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of WisconsinPremises as designated on Exhibit A, consisting of 58,725 square feet the 6,255 RSF. Tenant agrees that, except as outlined on expressly stated herein and in the Work Letter attached Exhibit "A," (herein referred to as this Lease, no representations or warranties relating to the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion condition of the Lessor's Building #104 herein referred 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 "Building." 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 and within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, along with all other buildings or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and improvementsto temporarily suspend access to portions of the Common Areas, are herein collectively referred to as long as the "Presto Facility." If at any time during any term or renewal term Premises remain reasonably accessible and Tenant’s use of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has is not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalmaterially diminished.
Appears in 2 contracts
Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant, and Lessee Tenant hereby leases from Lessor for Landlord, on the term, at the rental, terms and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as space outlined on the attached Exhibit "A," A (herein referred to as the "“Premises,") including rights to common areas as hereinafter specified”). The Premises are a portion located on the floor(s) specified in Paragraph 2 below of the Lessor's building (the “Building”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the parcel(s) of land (the “Land”) on which the Building #104 herein is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the "Building“Real Property." ” The PremisesReal 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 shall include the right to use, in common with others and subject to the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term provisions of this Lease, Lessor receives the public lobbies, entrances, stairs, elevators and is willing other public portions of the Building, as well as the common areas of the other portions of the Project that are pertinent to accept Tenant’s occupancy or use of, or access to, the Premises and 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 comply with, and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a bona fide offer from a third party to lease that portion materially adverse affect on Tenant’s use of Lessors building which is adjacent or access to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by law. Except to Lessee a notice the extent that Tenant is granted the right to the use of its intent an allocation of conduits or riser space pursuant to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to all of the proposed third party tenant. If, however, windows and outside walls of the Lessor has available Premises and any space in the Future Expansion PremisesPremises used for shafts, but has not received a bona fide offer from a third party stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or other utilities or Building facilities are reserved solely to lease said PremisesLandlord and Landlord shall, Lessee may lease that space in addition subject to the provisions of Paragraph 23 below, have rights of access through the Premises described herein. In that casefor the purpose of operating, maintaining and repairing the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalsame.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Premises. Lessor The Premises shall be located at: EMC GROUP, INC. By: Its: EXHIBIT B TO THE TREATS FRANCHISE AGREEMENT BETWEEN EMC GROUP, INC. AND DATED , 200 ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the undersigned ("Assignor") hereby leases assigns, transfers and sets over unto EMC GROUP, INC., a Florida corporation ("Assignee"), all of Assignor's right, title and interest as tenant in, to Lessee and Lessee leases from Lessor for under that certain Lease, a copy of which is attached hereto as Exhibit A (the term"Lease"), at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet respecting premises commonly known as outlined on the attached Exhibit "A," (herein referred to as the "Premises,"). This Assignment is for collateral purposes only and, except as specified herein, Assignee shall have no liability or obligation of any kind whatsoever arising from or in connection with this Assignment or the Lease unless Assignee shall take possession of the Premises demised by the Lease pursuant to the terms hereof and shall assume the obligations of Assignor thereunder. Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and its interest therein and that Assignor has not previously assigned or transferred, and is not otherwise obligated to assign or transfer, any of its interest in the Lease or the Premises demised thereby. Upon a default by Assignor under the Lease or under that certain Franchise Agreement dated ___________, 19__ (the "Franchise Agreement") including rights between Assignor and Assignee for that certain Treats Store located at the Premises, or in the event of a default by Assignor under any document or instrument securing the Franchise Agreement, Assignee shall have the right and is hereby empowered to common areas as hereinafter specified. The Premises are a portion take possession of the LessorPremises demised by the Lease, expel Assignor therefrom, and, in such event, Assignor shall have no further right, title or interest in the Lease and shall remain liable to Assignee for all past due rents which Assignee shall be required to pay to Lessor to effectuate the assignment contemplated hereunder. Assignor agrees that it will not suffer or permit any surrender, termination, amendment or modification of the Lease without Assignee's Building #104 herein referred to as prior written consent. Throughout the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Leasethe Franchise Agreement, Lessor receives Assignor agrees that it shall elect and is willing exercise all options to accept a bona fide offer from a third party to lease that portion extend the term of Lessors building which is adjacent to or renew the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of Lease not less than thirty (30) days within which prior to the last day that said option must be exercised, unless Assignee otherwise agrees in writing. Upon Assignee's failure otherwise to agree in writing, and upon failure of Assignor to elect to extend or renew the Lease as aforesaid, Assignor hereby appoints Assignee as its true and lawful attorney in fact to exercise its right such extension or renewal options in the name, place and stead of first refusal Assignor for the sole purpose of effecting such extension or renewal. ASSIGNOR: Dated: ATTEST: By: Its: EXHIBIT B CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR IN THE MATTER OF a Lease dated the day of , 1993, made between as Landlord and as Tenant ("Lease") and IN THE MATTER OF a Collateral Assignment of Lease dated between as Assignor and EMC Group, Inc. as Assignee ("Collateral Assignment"). The undersigned Lessor under the aforedescribed Lease hereby:
(1) Agrees to lease the Future Expansion Premises notify Assignee in writing of and upon the terms failure of Assignor to cure any default by Assignor under the Lease;
(2) Agrees that Assignee shall have the right, but shall not be obligated, to cure any default by Assignor under the Lease within thirty (30) days after delivery by Lessor of notice thereof in accordance with Section (1) above;
(3) Consents to the foregoing Collateral Assignment and conditions agrees that, if Assignee shall take possession of this the Premises demised by the Lease and confirms to Lessor the assumption of the Lease by Assignee as tenant thereunder, Lessor shall recognize Assignee as tenant under the Lease, but at provided that Assignee cures within said thirty (30) day period the defaults of Assignor under the Lease; and
(4) Agrees that Assignee may further assign the Lease to or enter into a rate as sublease with a person, firm or corporation who shall agree to assume the tenant's obligations under the Lease and who is reasonably acceptable to Lessor and, upon such assignment, Assignee shall have no further liability or obligation under the proposed third party tenant. IfLease as assignee, howevertenant or otherwise, other than to certify that such additional assignee or sublessee operates the Lessor has available space Premises demised by the Lease as a Treats Franchise; and
(5) Agrees that in the Future Expansion Premisesevent of an assignment or sublease pursuant to Item 4 above, but has not received to execute a bona fide offer from a third party further Consent to lease said PremisesCollateral Assignment of the Lease and Agreement by Landlord form in favor of EMC Group, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.Inc. DATED: LESSOR:
Appears in 2 contracts
Sources: Franchise Agreement (Emc Group Inc /Fl), Franchise Agreement (Emc Group Inc /Fl)
Premises. Lessor hereby leases The Premises shall be expanded to Lessee include the 11,654 rentable square feet consisting of the 21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), from and Lessee leases from Lessor for after the term, at Effective Date or such later date on which the rental, and upon all the conditions set forth herein, real property situated 21st Floor Space is delivered to Tenant in the County of Chippewa, State of Wisconsin, Required Condition (defined below) (“21st Floor Inclusion Date”). The Premises shall be further expanded to include (a) the 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of 58,725 the 22nd Floor described on Exhibit A-2 hereto (“22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as outlined may be consented to by Tenant, or on such later date on which the attached Exhibit "A," (herein 22nd Floor Space and the 23rd Floor Space are delivered by Landlord to Tenant in the Required Condition. The date of delivery of the 22nd Floor Space and the 23rd Floor Space in the Required Condition is hereafter referred to as the "Premises,"“22nd and 23rd Floor Inclusion Date”. Tenant shall accept the ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and 23rd Floor Spaces in their “as is”, “where is” condition, and “with all faults”, provided however, each of said spaces shall, on the Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of (i) including rights all tenancies and occupants, (ii) violations that would prevent Tenant from obtaining a work permit for the performance of alterations to common areas as hereinafter specifiedready each space for occupancy, and (iii) asbestos in friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the spaces, and the asbestos is not in friable condition, or is or can be encapsulated, then Landlord will have no obligation to remove the asbestos. By way of example, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The Premises conditions noted in (i), (ii) and (iii) above are a portion of the Lessor's Building #104 herein referred to as the "Building‘Required Condition”). LANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, EXPRESS OR IMPLIED, RESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, INCLUDING WITHOUT LIMITATION (A) ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, CONDITION OR TENANTABILITY, OR (B) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 2 contracts
Sources: Lease (G Iii Apparel Group LTD /De/), Lease (G Iii Apparel Group LTD /De/)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord, subject to all of the term, at the rental, terms and upon all the conditions set forth herein, real property situated those certain premises described as the Premises in the County Basic Lease Information. Notwithstanding the foregoing to the contrary, this Lease is expressly conditioned upon the termination by Landlord of Chippewathat certain Net Lease Agreement, State of Wisconsindated April 4, consisting of 58,725 square feet as outlined on 2012, by and between Landlord and Nuance Communications, Inc., a Delaware corporation, pursuant to which Landlord leased the attached Exhibit "APremises to Nuance Communications, Inc. (“Nuance," (herein referred ” and such lease, the “Nuance Lease”). Landlord agrees to as the "Premises,") including rights diligently attempt to common areas as hereinafter specified. The Premises are a portion achieve such termination of the Lessor's Building #104 herein referred to as Nuance Lease, and will keep Tenant apprised of the "Building." The Premisesstatus of Landlord’s efforts. If Landlord succeeds in terminating the Nuance Lease, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." Landlord will promptly notify Tenant of such fact. If at any time during Landlord reasonably believes that it is unable to terminate the Nuance Lease, Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall automatically terminate and neither Landlord nor Tenant shall have any term further rights or renewal term obligations under this Lease. Notwithstanding the foregoing, if, as of the date that is sixty (60) days following the date of mutual execution and delivery of this Lease, Lessor receives Landlord has not notified Tenant of Landlord’s successful negotiation and is willing full execution of an agreement terminating the Nuance Lease in accordance with the terms described in this Article 1, Tenant will have the right, by written notice delivered to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent Landlord at any time prior to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver date upon which Landlord so notifies Tenant of the termination of the Nuance Lease, to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of terminate this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 2 contracts
Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)
Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the County University of ChippewaUtah Research Park in Salt Lake City, State of WisconsinUtah, consisting of 58,725 square feet more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as outlined the "Property"). Landlord owns a building on the attached Exhibit Property referred to in Section 1.01 (H) (hereinafter the "A," Building") suitable for use as office research and development space, together with related parking facilities and other improvements necessary to enable to the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). 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) including rights has been added to the area as measured above to adjust for Tenant's proportionate share of common areas as hereinafter specifiedhallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and roof of the Premises and the areas beneath said Premises are a portion 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 Lessor's Building #104 herein referred building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred may be reasonably necessary to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing enable access by Landlord subject to accept a bona fide offer from a third party reasonable notice to lease that portion of Lessors building which is adjacent Tenant to the balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises (identified on Exhibit "A" to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant when making modifications, additions or repairs. Subject to the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive 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 automobile parking spaces, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the right to designate, in its sole business judgment, certain spaces as "Future Expansion,") then lessor customer" parking spaces and Tenant shall promptly deliver use its best efforts to Lessee a notice of cause its intent employees not to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space park in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalcustomer parking.
Appears in 2 contracts
Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord those premises (hereinafter referred to as the term“Premises”), at the rental, described in Paragraph 1(d) hereof and upon all the conditions set forth herein, real property situated designated on Exhibit “A” hereto in the County building commonly known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the parking (subject to the provisions of ChippewaParagraph 36 hereof) and common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, State employees, customers and invitees) of Wisconsinthe Building. The Building and common areas, consisting including parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and Third Floors of 58,725 square feet the Premises may not be completed and delivered to Tenant simultaneously. That one of the Second or Third Floor which is first completed and delivered to Tenant is herein referred to as outlined on “Phase One” and the attached Exhibit "A," (other such Floor is herein referred to as “Phase Two.” The date Phase Two is completed and delivered to Tenant as provided in Paragraph 3(a) hereof is herein referred to as the "“Effective Date.”
(b) The usable square foot area of the Premises,") including rights to , as well as the Building shall be computed based upon the BOMA American National Standards Z65.1 1996, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein Building, utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and on a single tenant floor of eight percent (8%).
(c) The rentable square foot area of the Premises, if any, other than the Second and Third Floors, 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 Landlord’s architect, ▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that “Independent Architect”) shall promptly measure such portion of Lessors building which is adjacent to the Premises (identified and its determination shall be binding on Exhibit "A" as "Future Expansion,") then lessor 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 to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing reflecting the additional space rentable square foot area set forth in such certification and Section l(j) shall be revised accordingly. The parties acknowledge that the rentable square foot area of the Second and Third Floors is as set forth in Section 1(d) hereof and is not subject to measurement as provided in this Paragraph 2(c).
(d) Tenant shall be leased allowed access to the Premises and reasonable portions of the term of common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, provided that rentalTenant shall not materially interfere with Landlord’s construction activities.
Appears in 2 contracts
Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Premises. Lessor hereby leases unto Lessee the Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall have the right, without the necessity of obtaining Lessee’s consent thereto or joinder therein, to grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Premises for the Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Premises and serving other parts of the Building, provided that reasonable advance notice thereof is given to Lessee and Lessee leases from Lessor that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the termPermitted Use. Lessee, at the rental, its employees and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent invitees shall have access to the Premises twenty-four (identified on Exhibit "A" as "Future Expansion,"24) then lessor shall promptly deliver hours per day, seven (7) days per week, subject to Lessee a notice of its intent to lease the Future Expansion PremisesLessor’s reasonable security procedures. Lessee shall have a period be permitted to operate its business in the Premises outside of the Building hours (as set forth in Paragraph l of Exhibit D attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying HVAC and other services to the Premises, as described on Exhibit D at times other than such Building hours in the event that Lessee requests HVAC or other such services outside of Building hours, such payment to be due and payable no later than thirty (30) days within which after Lessor gives written notice to exercise its right Lessee of first refusal to lease the Future Expansion Premises upon the terms and conditions amount of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalsuch charges.
Appears in 2 contracts
Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires from Lessor Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for a term (the term"Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the rentaltime of payment, and upon all the conditions set forth hereinin equal monthly installments, real property situated in the County of Chippewaadvance, State of Wisconsin, consisting of 58,725 square feet as outlined commencing on the attached Exhibit "A," Commencement Date and on the first (herein referred 1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first monthly installment on the execution hereof. If the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the "Premises,") number of days from and including rights the Rent Commencement Date bears to common areas as hereinafter specifiedthe total number of days in said calendar month. The Premises are a portion of Such payment, together with the Lessor's Building #104 herein referred to as sum paid by Tenant upon the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term execution of this Lease, Lessor receives shall constitute payment of the Rent for the period from the Rent Commencement Date to and is willing to accept a bona fide offer from a third party to lease that portion including the last day of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalnext succeeding calendar month.
Appears in 2 contracts
Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the terma portion of that certain parcel of Property, at the rentalhereinafter defined, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined well as antenna space on the tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Lessee’s equipment and antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit A and Exhibit A-1, attached Exhibit "A," hereto and made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred (herein referred to as the "Premises,"600) including rights to common areas as hereinafter specified. The Premises are square feet, with all of same being a portion of the property at ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, Virginia. Said address is further described on ▇▇▇▇▇▇▇▇▇ County Treasurer’s Office, Real Estate Tax Statement, as Map Number and Description ▇▇ ▇▇▇ ▇▇ ▇▇. The entirety of Lessor's Building #104 ’s property is hereinafter designated as “Property.” The portion of the Property leased to the Lessee, including any rights-of-way, is hereinafter designated as “Premises.”
a. Lessor and Lessee further agree and acknowledge that the Facility noted on Exhibit A-1, attached herein referred and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to as this Agreement.
b. The Lessee shall have the "Building." The non-exclusive right for access, and ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot, or motor vehicle, to the Premises. It is further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be permitted to enter such Premises. Notwithstanding the foregoing, Lessor grants to Lessee, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term right of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent access to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver and other necessary areas of the Property), for its permitted uses subject to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Leasenoted in the prime lease, but at license or other similar agreement with a rate as acceptable to the proposed third party tenant(where applicable), for a particular location or site, which prime lease, license, or other similar agreement with a third party, shall be in full force and effect, with same being attached to this Agreement as Exhibit C, when applicable. IfLessor also grants to Lessee the easement and right to install and maintain wires, howevercables, conduits and pipes within, over, under or along the Property as detailed in Exhibit A. Additionally, the Lessor has available space in grants to Lessee any specific right of way for access, from the Future Expansion nearest public right-of way, Old Cryors Road, to the Premises, but has not received a bona fide offer from a third party as described Exhibit A. In the event any public utility is unable to lease said Premisesuse the aforementioned rights-of-way or easement, Lessee may lease that space in addition the Lessor hereby agrees to grant an additional right-of-way, either to the Premises described herein. In that caseLessee or to the public utility, at no cost to the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalLessee.
Appears in 2 contracts
Sources: Tower Site Lease Agreement, Tower Site Lease Agreement
Premises. Lessor hereby (a) Landlord leases to Lessee Tenant, and Lessee Tenant leases from Lessor for Landlord, Suite No. 160, which the termparties stipulate and agree is five thousand one hundred and ninety-eight (5,198) rentable square feet (“RSF”) shown on the space plan attached hereto as Exhibit “A” (“Premises”), at the rental, and upon all the conditions set forth herein, real property situated located in the County building and common areas (collectively, the “Building”) at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Wilmington, Delaware, which Building is comprised of Chippewa, State of Wisconsin, consisting of 58,725 104,761 leasable square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred Effective Date.
(1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and lighting in place to the extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as the "Building." The Premises, the Building needed and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at otherwise perform any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent changes to the Premises as noted in the space plan attached hereto as Exhibit “A” provided that in the event Landlord is unable to reutilize the existing glass walls, same shall be replaced with standard hard walls, all of the foregoing utilizing building standard materials and finishes where not specified otherwise (identified on Exhibit "A" as "Future Expansion,") then lessor collectively, the “Landlord’s Work”). Landlord may complete the Landlord’s Work after the Lease Commencement Date (and shall promptly deliver do so outside of Building Hours to Lessee the extent commercially reasonable and in any event in a notice of its intent to lease manner that does not unreasonably obstruct Tenant from using the Future Expansion Premises. Lessee shall have a period of thirty Premises for ordinary office purposes), but in no event more than one hundred twenty (30120) days within after the Lease Commencement Date, which deadline (the “Landlord Work Deadline”) shall be extended as necessary due to exercise its right any Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined). “Tenant Delay” means any delays as a result of first refusal Tenant’s requests to lease modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Future Expansion Landlord’s Work. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unseasonably withheld or delayed. In the event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the Landlord Work Deadline and/or obstruct Tenant from using the Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, howeverfor ordinary office purposes, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises Fixed Rent Grace Period shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalappropriately extended.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet Premises as outlined on the shown as attached Exhibit "“A," ” within the Building (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areaslot on which it is located, along the “PROPERTY”), together with the non-exclusive right with Landlord and other occupants of the Building to use all areas and facilities provided by Landlord for the use of all tenants in the Property including any lobbies, hallways, driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). Notwithstanding the foregoing, the Landlord shall complete the work described on Exhibit “A-2” necessary to improve the Premises (collectively, the “LANDLORD’S WORK”), as such improvements are depicted on Exhibit “A-1”. In addition the Landlord Work, Landlord shall cause additional air conditioning returns to be installed in the new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises to Tenant in a substantially completed condition and in compliance with all other buildings applicable laws and improvementsregulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or before September 28,2015, are herein collectively referred If Landlord fails to complete the Landlord’s Work by November 1,2015, as the "Presto Facility." same may be extended for delays caused by Force Majeure or Tenant, then the commencement of payment of Minimum Annual Rent shall be delayed by one (1) day for each day that delivery of possession of the Premises is delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or Tenant, Tenant shall have the option of canceling and terminating this Lease by giving notice in writing to Landlord at any time during prior to die date on which Landlord delivers of possession of the Premises to Tenant, In the event this Lease is so terminated, Tenant shall not be liable to Landlord on account of any term covenant or renewal term obligation herein contained, and any security deposit shall be refunded to Tenant. For the purposes of this Lease, Lessor receives and is willing to accept “Force Majeure” shall mean strikes, lock-outs, riots or other labor troubles, unavailability of materials, a bona fide offer from a third party to lease that portion national emergency, any rule, order or regulation of Lessors building which is adjacent to governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.Landlord’s control
Appears in 2 contracts
Sources: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires from Lessor for Landlord the term, at the rental, entire eighth (8th) floor and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to ninth (9th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the "Building." The Premisesand, together with the plot of land upon which such building stands, the Building "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the Common Areas"Expiration Date" (hereinafter defined), along with both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other buildings and improvementsplace as Landlord may designate, are herein collectively referred without any set-off, offset, abatement or deduction whatsoever, except that the first (1st) monthly installment of Rent shall be payable on the date hereof. If the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the "Presto Facility." If at any time during any term or renewal term number of days from and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant upon the execution of this Lease, Lessor receives shall constitute payment of the Rent for the period from the Rent Commencement Date to and is willing to accept a bona fide offer from a third party to lease that portion including the last day of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalnext succeeding calendar month.
Appears in 2 contracts
Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)
Premises. Lessor hereby leases In consideration of the agreements, terms, covenants, conditions, requirements, provisions and restrictions to Lessee be kept, observed, performed, satisfied and Lessee leases from Lessor for the term, at the rentalcomplied with by Tenant, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building Minimum Rent specified and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of provided for in this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of herein stated, Landlord hereby lets, leases and demises unto Tenant, and Tenant hereby leases, takes and accepts from Landlord, the Premises, without any representation or warranty (expressed or implied) by Landlord except as explicitly set forth in this Lease, but at a rate as acceptable subject to the proposed third party tenant. Iffollowing:
(a) Landlord's written approval, howeverin Landlord's sole discretion, of (x) all plans and specifications for the construction of the Improvements and the installation of the Furnishings, and (y) the construction of the Improvements and the installation of the Furnishings, all in accordance with this Lease;
(b) All applicable Laws, Project Requirements, the Lessor has available space in the Future Expansion PremisesOperating Conditions, but has not received a bona fide offer from a third party to lease said PremisesRules and Regulations, Lessee may lease that space in addition to and all building and zoning ordinances;
(c) All easements, encumbrances and other matters of record;
(d) All encroachments, overlaps, lot ties, boundary line disputes or other matters which would be disclosed by an accurate survey or inspection of the Premises described herein. In that case, or a review of title matters affecting the lease of that Future Expansion Premises shall be at the same rental and governed by the same Site; and
(e) All terms and conditions as outlined set forth in this Lease. Tenant acknowledges that prior to or subsequent to the Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Project and/or enter into lot tie agreements, easements or other matters affecting the Site. This Lease Agreementshall at all times be subject and subordinate to all such subdivisions, lot ties, easements or other matters affecting the Site. As a condition to entering into this Lease, Tenant agrees and acknowledges that Tenant and any subtenants and/or assignees shall execute any and all documents required by Landlord in connection with such subdivision, lot tie, easement or other matter affecting the Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of such party. In either caseaddition, the parties hereto shall enter into an amendment Tenant agrees to this Lease Agreement describing the additional space use its best efforts to be leased ensure that Tenant's lenders or creditors, and the term lenders or creditors of that rentalany subtenant and/or assignee, execute any and all documents reasonably required by Landlord in connection with such subdivision, lot tie, easement or other matter affecting the Site.
Appears in 2 contracts
Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Premises. Lessor 1.1 Landlord hereby leases to Lessee Tenant, and Lessee Tenant hereby leases from Lessor for Landlord, subject to the termterms, at the rental, covenants and upon all the conditions set forth herein, real property situated in this Lease the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedshown Exhibit A attached hereto and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. The Building is part of a larger campus for Making Waves Academy consisting of the MWA Middle School and the MWA Upper School (the "Campus"). As used in this Lease, the term "Campus" shall include the parcel or parcels of land on which the MWA Middle School and the MWA Upper School is located and all appurtenances thereto. The Premises are a portion shall include the appurtenant right to the use, subject to the reasonable rules and regulations as may be promulgated by Landlord from time to time, all portions of the Lessor's Building #104 herein referred Campus other than the Premises. Landlord reserves the right to as close, make alterations or additions to, or change the "Building." The Premisessize, configuration, use and location of elements of the Building and the Common AreasCampus and their respective common areas. All of the windows and outside decks or ten-aces and walls of the Premises and any space in the Premises used for shafts, along stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. Tenant shall not in any event be permitted to use the roof of the Building for any purpose without first obtaining the prior consent of Landlord; provided however, that the Landlord shall permit Tenant to sublease the roof the Premises for the installation of solar panels provided that all such solar panel work is performed in accordance with Article 8 and such installation does materially adversely affect the operation of the Building or the functionality of the roof.
1.2 For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a person certified pursuant to Section 4459.2 of the California Government Code (a Certified Access Specialist). Tenant hereby waives any and all rights it otherwise might now or hereafter have under Section 1938 of the California Civil Code. Landlord and Tenant expressly agree that there are and shall be 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.
1.3 Tenant shall use such parking spaces solely for parking automobiles of Tenant'sofficers, students, families, visitors and employees. 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 buildings casualty, acts of God or any other cause beyond the control of Landlord.
1.4 Tenant acknowledges that Landlord may be required to disclose certain information concerning the energy performance of the Building pursuant to California Public Resources Code Section 25402.10 and improvements, are herein the regulations adopted pursuant thereto (collectively referred to as the "Presto Facility." Energy Disclosure Requirements"). Tenant acknowledges prior receipt of the Data Verification Checklist, as defined in the Energy Disclosure Requirements, and agrees that Landlord has timely complied in full with Landlord's obligations under the Energy Disclosure Requirements. Tenant acknowledges and agrees that (i) Landlord makes no representation or warranty regarding the energy performance of the Building or the accuracy or completeness of the Data Verification Checklist, (ii) the Data Verification Checklist is for the current occupancy and use of the Building and that the energy performance of the Building may vary depending on future occupancy and/or use of the Building, and (iii) Landlord shall have no liability to Tenant for any errors or omissions in the Data Verification Checklist. If at and to the extent not prohibited by applicable Jaw, Tenant hereby waives any time during right it may have to receive the Data Verification Checklist, including, without limitation, any term or renewal term right Tenant may have to terminate this Lease as a result of Landlord's failure to disclose such information. Further, Tenant hereby releases Landlord from any liability Landlord may have to Tenant relating to the Energy Data Verification Checklist, including, without limitation, any liability arising as a result of Landlord's failure to disclose any matter requiring disclosure under the Energy Disclosure Requirements to Tenant prior to the execution of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion . ▇▇▇▇▇▇'s acceptance of Lessors building which is adjacent the Premises pursuant to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises Lease shall be at deemed to include Tenant's approval of the same rental and governed by energy performance of the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased Building and the term of that rentalData Verification Checklist.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Premises. Lessor The Landlord hereby leases to Lessee the Tenant, and Lessee the Tenant hereby leases from Lessor the Landlord, for the termTerm, at the rentalPremises 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 upon (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 conditions “Landlord’s Work”) subject to the exclusion herein below set forth hereinin this Section 2.1, real property situated Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building Property and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon 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 of this Lease), shall be returned to Tenant, and neither Landlord nor Tenant 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 provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (a “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but at a rate the cost of any such extended warranties shall be borne by Tenant or payable out of the LIA (as acceptable defined in the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of record encumbering the Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and occupancy of the Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the proposed third party Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the Tenant’s business or activities. The Premises shall exclude common areas and facilities of the 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 in common other parts of the Building. If the Premises at any time includes less than the entire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor. Landlord shall be delivering the Premises in “as is” condition at the Commencement Date of the Lease. Prior to the Commencement Date, Landlord shall provide Tenant with evidence of the decommissioning of the Premises by the prior tenant. IfLandlord represents and warrants to Tenant that, howeverto 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 Lessor 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 defined in Section 12.14), subject to no mortgage other than the current mortgage to CIGNA; (c) Landlord has available space full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in the Future Expansion Premises, but connection therewith; and (d) no other party has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition any possessory right to the Premises described herein. In that case, or has claimed the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalsame.
Appears in 2 contracts
Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)
Premises. Lessor Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Lessee Tenant and Lessee Tenant leases from Lessor for Landlord, the term, at the rental, and upon all the conditions set forth herein, real property situated Rentable Floor Area of Tenant's Space in the County Building (hereinafter, the "Tenant's Space"), together with the appurtenances described below. Tenant's Space as the same may be expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the Premises". Tenant shall have, as appurtenant to the Premises, the right to use in common with other tenants of Chippewathe Park, State of Wisconsinas hereinafter defined, consisting of 58,725 square feet as outlined the areas shown on the Plan attached hereto as part of Exhibit A as "A," (herein Building Parking Area", all subject to and as further provided in Section 10.18 hereof. Tenant shall also have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the park, commonly known and referred to as the Bedford Wood▇ ▇▇▇ice Park and shown on the Plan of the Park attached hereto as part of Exhibit A (the "Premises,Park") including rights from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Park attached hereto as hereinafter specified. The 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 prior written notice thereof and (iii) provided further that any such amendments or modifications to the Common Areas are a reasonably functionally equivalent to the portion of the Lessor's Building #104 herein referred Common Areas that they amend or replace, (b) all rights of ingress and egress to as the "Building." The Premises, and from the Building and to and from the Common AreasPark, along with 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 buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent rights appurtenant to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased Lot and the term of that rentalBuilding, and (f) all utility lines, electricity, water and sewage disposal pipes and structures.
Appears in 2 contracts
Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Landlord those premises (herein hereinafter referred to as the "“Premises,"”), described in Section 1(d) including rights to common areas hereof and designated on Exhibit “A” attached hereto in the building commonly known as the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, consisting of approximately 271,500 rentable square feet of floor area (hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "“Building." ”), together with the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Premises, the Building and the Common Areas, along with all other buildings and improvements, common areas are herein collectively hereinafter referred to as the "Presto Facility“Development,” more particularly described on Exhibit “B” hereto." If at any time during any term or renewal term
(b) The rentable area of this Leasethe Premises, Lessor receives 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 is willing 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 accept a bona fide offer from a third party to lease that portion exceed twelve percent.
(c) The rentable square foot area of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms Landlord and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. IfTenant; provided, however, that if Tenant disagrees with the Lessor has available space in the Future Expansion Premisesmeasurement or calculation by Landlord’s architect, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises described hereinand 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 casepreviously utilized, the lease of that Future Expansion Premises Landlord and Tenant shall be at the same rental promptly execute and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into deliver an amendment to this Lease Agreement describing reflecting the additional space rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four hours a day, three hundred sixty-five days a year using card readers, or keys, provided that Tenant shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be leased in the same general location and have the term of that rentalsame general utility as the access afforded on each applicable Commencement Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Lessor hereby leases “As-Is”; FF&E. Assignee shall accept the Premises in its existing “AS-IS” condition as of the Effective Date and expressly acknowledges that Assignor shall not be obligated to Lessee provide or pay for any improvements (other than any improvements that were performed by Assignor prior to the Effective Date for which Assignor has no further obligation to pay for or perform as of the Effective Date) . Notwithstanding anything to the contrary in the Lease, Assignee acknowledges that neither Assignor nor Landlord have any responsibility for work which may be required to prepare or remodel the Premises for Assignee’s use, and Lessee leases that Assignor has not made any representations of any kind, either express or implied, in connection with improvements or physical conditions on, or otherwise bearing on, the use or condition of the Premises and Assignee shall rely solely on Assignee’s own inspection and examination of such items and not on any representations of Assignor, of any kind, either express or implied. Subject to Section 7 below, Assignor shall deliver possession of the Premises to Assignee with the construction items listed on Exhibit A-1 attached hereto and the lab items listed on Exhibit A-2 attached hereto which shall become the property of Assignee as of the Effective Date (collectively, the “FF&E”) . As additional consideration for Assignee entering into this Agreement, on or prior to the Effective Date, Assignor shall execute a Quitclaim Bill of Sale (the “Quitclaim”) , in the form attached hereto as Exhibit B, to Assignee for consideration of $1.00 from Lessor Assignee for the term, at FF&E and shall deliver the rentalQuitclaim to Assignee concurrent with the mutual execution and delivery of the Consent. Assignor makes no representation or warranty as to the FF&E, and upon all hereby expressly DISCLAIMS ANY WARRANTIES AS TO MERCHANTABILITY, CONDITION, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Assignee shall be solely responsible for and shall pay any sales, use or transfer taxes or similar taxes payable with respect to any applicable governmental authority to the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion transfer of the Lessor's Building #104 herein referred FF&E to as the "Building." The PremisesAssignee and Assignee hereby agrees to indemnify, the Building defend, protect and the Common Areashold Assignor harmless from and against any and all claims, along with all other buildings losses and improvementsdamages, are herein collectively referred to as the "Presto Facility." If including without limitation, reasonable attorneys’ fees and disbursements, which may at any time during be asserted against or suffered by Assignor by reason of Assignee’s failure to pay any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalapplicable taxes.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Premises. Lessor ARTICLE 2 - LEASE TERM of the Lease is hereby leases to Lessee amended such that the fifth (5th) and Lessee leases from Lessor for the term, at the rentalsixth (6th) sentences thereof shall read as follows: "Landlord has delivered, and upon all Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the conditions set forth hereinPremises on the ground floor of the Building (the "Initial Premises") to Tenant on or about the Lease Commencement Date; and Landlord anticipates delivering the balance of the Premises on the second floor of the Building comprising approximately 32,945 rentable square feet (the "Remaining Premises"), real property situated approximately 22,945 rentable square feet (the "A Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (the "RPB Commencement Date"). If Landlord, for any reason, cannot deliver possession of the A Remaining Premises to Tenant on the RPA Commencement Date (in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined condition that exists on the attached Exhibit "A," day after the Existing Tenant vacates the A Remaining Premises), or cannot deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (herein referred in the condition that exists on the day after the Existing Tenant vacates the B Remaining Premises), in either case without any improvements, alterations, repairs, refurbishment or other modifications being made thereto (except as may be necessary to satisfy the requirements of Section 1.2 above), Landlord shall not be subject to any liability nor shall the validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as appropriate, shall be extended commensurately by the "Premises,") including period of time Landlord is delayed in so delivering possession of the A Remaining Premises and/or the B Remaining Premises to Tenant without any improvements, alterations, repairs, refurbishment or other modifications being made thereto. Tenant's rights to common areas as hereinafter specified. The use the A Remaining Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion B Remaining Premises shall be at subject and subordinate to the same rental rights of Phoenix; and governed no use by Tenant may unreasonably interfere with the same terms rights of Phoenix to use and conditions as outlined in this Lease Agreement. In either caseoccupancy of Phoenix's premises." Throughout the Lease, references to the parties hereto "RP Commencement Date" shall enter into an amendment to this Lease Agreement describing the additional space be deemed to be leased and references to the term of that rental"RPA Commencement Date" and/or the "RPB Commencement Date", as appropriate.
Appears in 2 contracts
Sources: Sublease Agreement (Biotime Inc), Lease Agreement (Avigen Inc \De)
Premises. Lessor hereby In consideration of the rent and other agreements contained in this Lease, Landlord leases to Lessee Tenant and Lessee leases Tenant rents from Lessor for Landlord the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," premises (herein referred to as hereinafter the "Premises,") including rights to common areas described as follows: A retail store space numbers 214, 216, and 218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter specifiedthe "Shopping Center"), municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. The Premises are a portion designated on Exhibit A hereto for the purpose of setting forth the configuration and approximate location of the Lessor's Building #104 herein referred to as Premises within the Shopping Center Site (the "Building.Shopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises, the Building Premises shall be improved or otherwise prepared for occupancy by Tenant in accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the Common Areascost, along with all other buildings and improvementsif any, are herein collectively referred to as Tenant. In the "Presto Facility." If at absence of any time during any term or renewal term of this Leasespecific requirements set forth on Exhibit C, Lessor receives and is willing Tenant shall be deemed to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to have accepted the Premises "as is", except for any items specified on a punch list delivered to Landlord within thirty (identified 30) days after possession of the Premises is delivered to Tenant. Notwithstanding the 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 Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period earlier of thirty (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, Landlord covenants and agrees to (i) deliver the Premises in compliance with legal, 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 use commercially reasonable efforts to submit plans and specifications for Tenant's Work to Landlord for its approval, which to exercise shall not be unreasonably withheld, on or before [***]. 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 right store incorporates the open storefront element into the design of first refusal to lease the Future Expansion Premises upon the terms provided that Tenant constructs such portion (and conditions all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, but at a rate as acceptable and pursuant to the proposed third party tenant. If, however, the Lessor has available space plans and specifications approved in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed advance by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalLandlord.
Appears in 2 contracts
Sources: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)
Premises. Lessor hereby Subject to and in accordance with the provisions hereof, Landlord leases to Lessee Tenant and Lessee Tenant leases from Lessor Landlord the Premises as designated on Exhibit A. Tenant agrees that 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 that the Building Systems (inclusive of all lighting and electrical outlets in the Premises) will be in good working order as of the Commencement Date. Tenant’s failure to advise Landlord, in writing and within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the preceding sentence will be indisputable evidence that Landlord has met its warranty obligation. Notwithstanding anything to the contrary set forth hereinabove, Landlord warrants and represents that as of the date of this Lease, Landlord has not received written notice of violation from a governmental authority that the Common Areas of the Building and/or the Premises are in violation of applicable laws, including ADA and laws relating to hazardous materials. In the event of a breach of the foregoing covenant, but specifically subject to and excluding any compliance work triggered by any alterations performed by Tenant (which tenant shall be paid for by Tenant at its sole cost and expense), Landlord, at its sole cost and expense (and not subject to reimbursement as an Operating Expense), shall promptly make such improvements, corrections or repairs as Landlord determines is appropriate to bring such condition into compliance. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that EXCEPT AS PROVIDED HEREIN, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the termpurposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive 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 the rentalany time and from time to time, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, include the Building and within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, along with all other buildings or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and improvementsto temporarily suspend access to portions of the Common Areas, are herein collectively referred to as long as the "Presto Facility." If at Premises remain reasonably accessible. Landlord agrees that during the Term of the Lease it will not make any time changes to the Building or Common Areas that: a] knowingly and materially increase the Operating Expenses for which Tenant is responsible without increasing the Base Year’s Operating Expenses by an amount that reasonably takes into account what the Base Year’s Operating Expenses would have been if such change(s) had occurred during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent the Base Year; b] materially impair access to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the Future Expansion Premises. Lessee shall have a period of thirty (30) days within Parking Facility at one or more times during the Term, which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable expansion will in some way affect access to the proposed third party tenant. IfParking Facility provided, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition there will be no change to the number of parking spaces available to Tenant, although said spaces can be made available to Tenant in an alternative parking location, which alternative parking location will be no more than a five (5) minute walk from the Building and, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Tenant) a shuttle service that will be scheduled to run no less than every ten (10) minutes between the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, with the exception of holidays; or, c] materially impair Tenant’s ability to use the Premises described herein. In that case, for the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalAuthorized Use.
Appears in 2 contracts
Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Landlord those premises (herein hereinafter referred to as the "“Premises,"”), described in Section 1(d) including rights to common areas as 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 specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "“Building." The Premises”), together with the Building non-exclusive right and easement to use the common facilities located within and/or comprising a part of the 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, along with all other buildings the land upon which they are situated and improvements, are herein the parking garages situated adjacent to and under the Building (such garages collectively being referred to as the "Presto Facility." If at any time during any term or renewal term “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent 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 (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms Landlord and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. IfTenant; provided, however, that if Tenant disagrees with the Lessor has available space in the Future Expansion Premisesmeasurement or calculation by ▇▇▇▇▇▇▇▇’s architect, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises described hereinand 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 casepreviously utilized, the lease of that Future Expansion Premises Landlord and Tenant shall be at the same rental promptly execute and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into deliver an amendment to this Lease Agreement describing reflecting the additional space rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to be leased the Premises and reasonable portions of the 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 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 term 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 that rentalthe Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, 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, other tenants and occupants of the Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the contrary, in exercising its rights pursuant to this Section or other provisions of 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, (b) not materially or adversely increase any obligation of Tenant under this Lease, or (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 or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the central core area of the Building, 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 to create the least practicable interference with Tenant’s use of the Premises and (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. Lessor hereby Landlord leases to Lessee Tenant and Lessee Tenant leases from Lessor for Landlord the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, together with the Building and right in common with others to use the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent . Tenant shall have access to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver Premises, 24 hours per day, 365 days per year, subject to Lessee a notice reasonable security requirements, periodic maintenance and emergency situations and to all of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable . Subject to Landlord’s obligations with respect to the proposed third party tenantTenant Improvements, Tenant accepts the Premises, Building and Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. IfLandlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement.
(a) Landlord shall cause to be constructed, in compliance with applicable Laws, the tenant improvements described on Exhibit “C” (the Tenant Improvements”). All bids received and subsequent documentation shall be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the construction meetings (which shall be held not less frequently than twice per month) and in the selection process; provided, however, that all contractors shall be selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the Lessor has Tenant Improvements shall be subject to Tenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, then such approval shall be deemed given. Tenant shall have the right to inspect the progress of the Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or before the Estimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available space upon prior notice to Tenant. Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the foregoing, Landlord shall repair, at its sole cost and expense, any latent defects in the Future Expansion PremisesTenant Improvements discovered within one (1) year following the Substantial Completion of the Tenant Improvements.
(b) Notwithstanding the foregoing, but has in the event that the Tenant Improvements are not received a bona fide offer from a third party Substantially Completed, in whole or in part, due to lease said PremisesTenant Delay, Lessee may lease that space in addition to then the Premises described herein. In that case, the lease of that Future Expansion Premises Free Rent Period shall be at reduced for every day of such delay, and if such delay is longer than the same rental Free Rent Period, Tenant’s obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and governed by the same terms and conditions as outlined in this Lease Agreement. In either caseCommencement Date shall be deemed to be the date that the Tenant Improvements would have been Substantially Completed but for such Tenant Delay.
(c) Following the determination of the Commencement Date, the parties hereto shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Tenant’s acceptance of the Premises in the form of Exhibit “H” attached hereto.
(d) Commencing on the date that is approximately thirty (30) days prior to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Landlord shall permit Tenant to enter into an amendment the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease Agreement describing shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the additional space to Premises shall not interfere with Landlord’s construction of the Tenant Improvements and any such interference shall be leased considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the policies and the term safety directives of that rentalLandlord’s contractor.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Premises. Lessor Landlord hereby leases and demises the Premises to Lessee Tenant and Lessee Tenant hereby leases the Premises from Lessor Landlord, and subject to and with the benefit of (i) the ▇▇▇▇ Mill Revitalization and Development Plan, prepared by the ▇▇▇▇▇ Group, Inc. dated September, 1999 and approved by the City of Fall River on September 7, 1999, as amended; (ii) the Activity and Use Limitation for the termLot approved by Massachusetts Department of Environmental Protection and incorporated by reference in Exhibit C; (iii) all easements, at restrictions and encumbrances of record; (iv) all laws including without limitation the rentalFall River Ordinance Division 7 Research and Development Overlay District Regulations Sections 86-385 through 86-389 and all amendments thereto; and (v) Landlord’s rules and regulations for the Building and Lot attached hereto as Exhibit D and the rules and regulations adopted from time to time by Landlord and/or the entire South Coast Research & Technology Park in which the Lot is located, including, without limitation, any declaration of covenants and restrictions that may hereafter be imposed upon the South Coast Research & Technology Park (the “Park”) (collectively all of the conditions set forth hereinforegoing in this clause (v), real property situated the “Rules and Regulations” and collectively all of the documents and agreements described in clauses (i) through (v) of this Section 2.1, the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined “Use Documents”); provided that a subsequently adopted Rule and Regulation shall not be binding on Tenant to the attached Exhibit "A," (herein referred extent the same is contrary to as the "Premises,") including ▇▇▇▇▇▇’s rights to common areas as hereinafter specifiedunder this Lease. The Premises are a portion shall include the ceiling, floor, interior walls, the inner surface of the Lessor's demising walls, the inner surface of exterior windows, any space in the Premises used for shafts, stacks, pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or other Building #104 herein referred facilities (except to the extent that the same serve other tenant(s)’ premises), and the entry doors (and related glass and finish work) to the Premises and all fixtures, which are and shall remain Landlord’s property unless otherwise specified in writing. In addition to Tenant’s repair and maintenance obligations under Section 10.2, Tenant shall maintain and repair in good condition the emergency exit door (and associated “panic bar alarm system”) (collectively, the “Emergency Door”) that is located at the end of one of the hallways of the Premises and which opens to an emergency exit stair well that connects to the first floor of the Building (the “Emergency Exit Stairwell”). Tenant agrees that, subject to ▇▇▇▇▇▇▇▇’s access rights described elsewhere in this Lease, Tenant shall keep the Emergency Door secure and Tenant and its employees shall only use the Emergency Door and the Emergency Exit Stairwell for emergency purposes and not as a non-emergency means of access and egress to or from the "Building." The Premises. Subject to the Landlord’s rights set forth in the last sentence of the next paragraph and in Section 14.4, and subject to the Use Documents, Tenant shall have the right to use, in common with other tenants of the Building and Landlord and as appurtenant to Tenant’s use of the Premises, the Building lobbies and entrances, elevators, exterior walkways, driveway, roadways, sidewalks and the Common parking areas of the Building and Lot for access and egress to and from the Premises and the common bathrooms in the Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with ▇▇▇▇▇▇’s use of the Premises), sun control devices, utility lines, equipment, stacks, ducts, pipes, conduits and the like. Should Tenant install any hung ceilings or walls in the Premises pursuant hereto, Tenant shall install and maintain, as Landlord may require, proper access panels therein to afford access to any facilities above the ceiling or within or behind the walls. In addition to Landlord’s rights under Section 14.14 with respect to parking spaces and parking areas, Landlord reserves the right to construct additional buildings or other improvements on or under the Lot and/or the “North Parking Areas” (as such term is defined in Section 14.14) and modify, along with all other buildings and improvementsrestrict, are herein collectively referred to as regulate and/or remove any portion of the "Presto Facility." If common areas on the Lot and/or the North Parking Areas or in the Building at any time during and to otherwise regulate the use thereof provided and only to the extent any term such additions, modifications, restrictions, regulations and other changes do not unreasonably interfere with Tenant’s use of or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent access to the Premises or reduce (identified on Exhibit "A" as "Future Expansion,"by more than a de minimis amount) then lessor shall promptly deliver the quantity of parking available to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalTenant.
Appears in 1 contract
Sources: Lease (Avant Immunotherapeutics Inc)
Premises. Lessor hereby leases to Lessee (a) The premises demised by this Lease consists of the Initial Premises and Lessee leases from Lessor for the termSubsequent Premises (collectively, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedlocated 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 are a portion has the address and contains the square footage specified in the Basic Lease Information. The location and dimensions of the LessorInitial Premises and the Subsequent Premises are depicted on Exhibit A, which is attached hereto and incorporated herein by this reference; 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 and Tenant agree is reasonable and, except as expressly set forth in Paragraph 4(c)(iii) below, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. Tenant shall have the non-exclusive right (in common with the other tenants, Landlord and any other person granted use by Landlord) to use the-Common Areas (as hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use-the number of nonexclusive and undesignated parking spaces set forth in the Basic Lease Information in the Project's Building #104 herein referred to as parking areas (the "Building." The Parking Areas"); provided, however, that Landlord shall not be required to enforce Tenant's right to use such parking spaces; and provided, further, that the number of parking spaces allocated to Tenant hereunder shall be reduced on a proportionate basis in the event any of the parking spaces in the Parking Areas are taken or otherwise eliminated as a result of any Condemnation (as hereinafter defined) or casualty event affecting such Parking Areas. No easement for light or air is incorporated in the Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term . For purposes of this Lease, Lessor receives the term "Common Areas" shall mean all areas and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to facilities outside the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice and within the exterior boundary line, of its intent to lease the Future Expansion Premises. Lessee shall have a period Project that are provided and designated by Landlord for the non-exclusive use of thirty (30) days within which to exercise its right Landlord, Tenant and other tenants of first refusal to lease the Future Expansion Premises upon the terms Project and conditions of this Leasetheir respective employees, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental guests and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalinvitees.
Appears in 1 contract
Sources: Lease Agreement (Paypal Inc)
Premises. Lessor (a) Licensor hereby leases grants to Lessee Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and Lessee leases from Lessor operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of 350 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a twenty (20) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”.
(b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and any Renewal Term (as hereinafter defined) for the termpurpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, at the rental, and upon all the conditions set forth herein, real property situated as well as other provision contained in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Agreement.
(herein referred to as the "Premises,"c) including rights to common areas as hereinafter specified. The Premises are a portion delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Lessor's Building #104 herein referred Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the "Building." The Premisessuitability, the Building acceptability, accuracy and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term adequacy of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises for Licensee’s intended use.
(identified on Exhibit "A" as "Future Expansion,"d) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee Licensor shall have a period of the right, with no less than thirty (30) days days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this LeaseProperty, but at a rate as acceptable to the proposed third party tenant. IfLicensee’s sole cost expense, provided, however, that the Lessor has available space area to which the Premises are relocated, whether in the Future Expansion Premisesbuilding or on the Tower, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space shall be substantially similar in addition size and functionality to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby rents from Lessor 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 hereby rents, hires and takes of and from Landlord, for the term, at upon the rentalprovisions, covenants and upon all the conditions herein set forth hereinforth, real property situated in the County that certain building or portion of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," a building (herein referred to as the "Premises,") including rights to common areas as hereinafter specified), located within the area delineated in red on Exhibit "A" hereof, entitled "Description of Premises". The Premises are situated on a portion of the Lessor's Building #104 that certain real property (herein referred to as the "Building.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" The hereof, entitled "Plot Plan". Copies of the aforesaid Exhibit "A" and "C" are attached hereto, incorporated herein, and by this reference made a part of this Lease. Landlord makes no representations or warranties of any kind or nature as to the size, location, or time of construction of any structures (other than the Premises, ) shown on Exhibit "A". Landlord hereby reserves the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If right at any time during any term and from time to time to make alterations or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent additions to the Premises, to build additional stories on the building in which the Premises (identified 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 make alterations thereof or additions thereto, to build additional stories on any such building or buildings, to build adjoining same, and to construct doubledeck, subterranean or elevated parking facilities. It is understood and agreed that the depiction of the Office and Retail Center in Exhibit "C" hereof, and the location of the Premises in the Office and Retail Center as shown on Exhibit "A" hereof, shall be subject to such changes as "Future Expansion,") then lessor 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 promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of not invalidate this Lease, but at a rate as acceptable to and the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to description and location of the Premises described herein. In that caseas set forth in Exhibits "C" and "A" hereof, the lease of that Future Expansion Premises respectively, shall be at the same rental deemed to have been expressly modified and governed by the same terms and conditions as outlined amended herein in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalaccordance with such changes.
Appears in 1 contract
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires and takes from Lessor for Landlord the termfollowing: a building consisting of approximately 107,654 square feet of rentable area (the "Building") shown on Exhibit A, at the rental, and upon all the conditions set forth herein, located on real property situated known as ▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, as more particularly described in Exhibit B (the County "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 Chippewathe Building and Land appurtenant thereto (the "Appurtenances") and all improvements located thereon. The Building, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein 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) including rights either with respect to common areas as hereinafter specified. The Premises are a portion subsurface of the Lessor's Building #104 herein referred to as the "Building." The Premises, 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 matters incidental to Tenant's rights and obligations under this Lease.
(b) Subject to the Common Areasrights of Nationwide Mutual Insurance Company, along with all referenced below, Landlord warrants that it and no other buildings person or entity has the right to lease the Premises to Tenant. Except for any express representations of Landlord contained herein and improvements, are herein collectively referred to as those matters which Landlord has expressly retained liability for under the "Presto Facility." If at any time during any term or renewal term terms of this Lease, Lessor receives Tenant acknowledges and is willing to accept a bona fide offer from a third party to lease agrees that portion of Lessors building which is adjacent to 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.
(identified on 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 "A" 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 "Future Expansion,") then lessor shall promptly deliver to Lessee a notice required under the Nationwide Lease (Nationwide work). Effective as of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions execution date of this Lease, but at a rate as acceptable Landlord shall be deemed to have assigned to Tenant all of Landlord's right, title and interest in and to the proposed third party tenantNationwide 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. Ifwithout 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 Lessor has available space 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, at its option. 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, including Nationwide's obligation to provide subordination agreements and estoppel certificates. Once the Nationwide Lease is assigned to Tenant, Landlord shall have the right to look to Tenant as the tenant of the entire Building pursuant to this Lease, and Tenant shall enforce the Nationwide Lease in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in manner necessary for Tenant comply with this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalLease.
Appears in 1 contract
Sources: Lease Agreement (GTJ REIT, Inc.)
Premises. Lessor hereby (a) Subject to and upon the terms, covenants and conditions hereinafter set forth, Landlord leases to Lessee Tenant and Lessee leases Tenant rents from Lessor for the term, at the rental, and upon all the conditions Landlord those certain premises as set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet BASIC LEASE INFORMATION attached hereto and as outlined approximately shown on the plan attached Exhibit "A," hereto as EXHIBIT A (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of in the Lessor's Building #104 herein referred to as building located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, San Francisco, California (the "Building").
(b) Tenant shall accept the Premises in their "as-is" condition; provided, however, Landlord, at its cost, shall complete the following work ("Tenant Improvements"):
(i) Any operable windows, the electrical systems and the roof shall be in good working order and repair;
(ii) The Common Areas shall be improved with Building standard finishes;
(iii) A second restroom shall be installed on the second floor of the Building so there will be two (2) restrooms on the second floor;
(iv) The restroom on the third floor of the Building shall be cleaned and painted;
(v) A space heater shall be installed on the second floor; and
(vi) Perform the work outlined on EXHIBIT B attached hereto. Upon substantial completion of the Tenant Improvements, Tenant shall execute a written notice of its acceptance of Premises, which shall be conclusive evidence that ▇▇▇▇▇▇ has accepted the Premises in good and satisfactory condition as of the date of such notice and Landlord shall not be liable to Tenant for any defects in the Tenant Improvements thereafter. Landlord hereby discloses to Tenant that the western wall of the Building is shared with the building immediately adjacent to the Building and the Common Areassuch wall is an unreinforced masonry wall. The City and County of San Francisco has declared that such walls are unsafe; and, along with all other buildings Tenant on behalf of itself and improvements, are herein collectively referred to as the "Presto Facilityits employees and invitees hereby accepts such risk." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Sources: Lease Agreement (Embark Com Inc)
Premises. Lessor Landlord hereby leases to Lessee Tenant the Premises, but excluding the Common Area (as herein defined) and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a any other portion of the LessorBuilding, the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's Building #104 herein referred 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. 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 (but not the HVAC system serving the warehouse portion of the Premises, if 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 "Building." 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 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 hereby acknowledges that the area of the Premises, the Building and the Common AreasProject set forth in the Basic Lease Information is approximate only, along with and Tenant accepts and agrees to be bound by such figures for all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of purposes in this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Premises. Lessor hereby leases Subject to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions hereof (including, without limitation Section 2.3 below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the non-exclusive rights, privileges, benefits, rights-of-way and easements now or hereafter, appurtenant or belonging thereto, whether arising under any private or public grant or authority, including, without limitation, the direct right of ingress to and egress from the Premises and the streets shown on the Site Plan through the entrances shown on the Site Plan (subject in each case to Landlord’s rights pursuant to Section 2.2 to modify the configuration of the Center), and an irrevocable right and non-exclusive easement for Tenant, its employees, patrons and invitees to use the Common Areas (including the Parking Areas), for their intended purposes throughout the Term, subject to the terms hereof.
(a) If the legal description of the 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, but at a rate as acceptable notwithstanding anything to the proposed third party tenant. Ifcontrary contained herein, howeverfor purposes of Tenant’s obligations under this Lease, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion 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 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 has not been subdivided as a separate lot at the same rental and governed by time the same terms and conditions legal description thereof is set forth on Exhibit B-1, then at such time as outlined in this Lease Agreement. In either casethe Demised Land is subdivided as a separate lot, the parties hereto shall enter into an amendment Parties will amend Exhibit B-1 to this Lease Agreement describing reflect the additional space legal description of the Demised Land by reference to be leased and the term of that rentalits subdivided number on a recorded plat.
Appears in 1 contract
Premises. Lessor 3.1 Subject to the terms, covenants and conditions set forth in this Lease, Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires from Lessor Landlord those premises (the "PREMISES") shown on the site plan attached hereto as Exhibit A which Premises are located within the building (the "BUILDING") shown on Exhibit A and identified in Article 1. The Premises include the entire interior of the Building and certain references to the Premises and the Building may be used interchangeably. The areas adjacent to the Building specified in Exhibit A for landscaping and parking for the termexclusive use of the Premises are herein called the "BUILDING COMMON AREA". The approximate total Rentable Area of the Building is specified in Article 1. Landlord is the Ground Lessor and Lockheed Mart▇▇ ("▇ROUND LESSEE") is the 8 current ground lessee under a certain ground lease dated as of March 1, at 1962 (as amended, the rental, and upon all the conditions set forth herein, "GROUND LEASE" which Ground Lease covers certain real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,GROUND LEASE PROPERTY") including rights the Building and the Building Common Area and the adjacent land and building occupied by the Ground Lessee. Prior to common areas as hereinafter specified. The Premises are the Commencement Date, Landlord will have subleased a portion of the Lessor's Building #104 herein referred to as land from the "Building." The Premises, Ground Lessee for the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term remainder of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalthe Ground Lease. After the expiration of the term of the Ground Lease the entire Ground Lease Property will revert to Landlord. The portion of the land subleased from the Ground Lessee will be outlined in attached Exhibit A.
3.2 Tenant shall have the right to the exclusive use of the number of parking spaces specified in Article 1, and located as designated on attached Exhibit A. Tenant shall have nonexclusive ingress and egress over the driveways of the Ground Lease Property specifically designated for access on attached Exhibit A.
3.3 Exhibit A shall not be modified except (i) if required by the City of Palo Alto Architectural Review Board (the "ARB"), in which case any required modification shall be made; or (ii) if mutually agreed by Landlord and Tenant.
Appears in 1 contract
Sources: Lease (Incyte Pharmaceuticals Inc)
Premises. Lessor Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Lessee Tenant and Lessee Tenant leases from Lessor for Landlord, the term, at the rental, and upon all the conditions set forth herein, real property situated Rentable Floor Area of Tenant’s Space in the County Building (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Section 10.14 of Chippewathis Lease. Tenant’s Space, State of Wisconsinas the same may be expanded in accordance with Exhibit C or reduced in accordance with Section 10.22, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein together with such appurtenances, is hereinafter collectively referred to as “the "Premises,") including rights ”. Tenant shall have, as appurtenant to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the right to use, in common with other tenants of the Building, the area shown as “Building Parking Area” on the plan attached hereto as part of Exhibit A, all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto (including, but not limited to, other tenants of the Building), subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park attached hereto as 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 in the Building or at the Park (the “Common Areas”), including, without limitation, the duct shafts, electrical and common risers, main electrical and furnace room, restrooms, fitness center, cafeteria, elevator(s), atriums, loading dock, dumpster and the Common Areas shown on the Plan of the Park attached hereto as Exhibit A, as such Common Areas may be altered or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any alterations or modifications materially affecting the Lot, or otherwise materially interfering with Tenant’s use and operation of its business thereon, shall require Tenant’s prior written approval, which such approval may not be unreasonably withheld or delayed (unless there is a material interference with Tenant’s use and operation of its business thereon, whereupon approval may be withheld in Tenant’s sole direction); (b) all rights to access, all service areas, all loading areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all rights appurtenant to the Lot created in or conveyed by the deed to Landlord, if any, (f) all means of access to and from the Building to the Common Areas, along including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord agrees to maintain continuous food service and a fitness center at the Building during the entire Term. Landlord reserves the right from time to time, without unreasonable interference with all other buildings Tenant’s use, and improvementssubject to the preceding paragraph, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Leaseinstall, Lessor receives repair, replace, use, maintain and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent 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, provided that: (identified on Exhibit "A" as "Future Expansion,"a) then lessor shall promptly deliver any substitutions are equivalent or better quality and capacity and (b) such fixtures and equipment are placed above Tenant’s ceilings, behind its walls and below its flooring. In connection therewith, Landlord agrees to Lessee a provide Tenant with prior reasonable notice of its intent before any such entry into the Premises and to lease repair any and all damage resulting therefrom, restoring the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space substantially similar condition it was in the Future Expansion Premises, but has not received a bona fide offer from a third party prior to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalany such entry.
Appears in 1 contract
Premises. Lessor hereby leases (a) For and in consideration of the rent to Lessee be paid and Lessee leases from Lessor for the termcovenants to be performed by Tenant under this lease, at Landlord agrees to lease the rentalPremises to the Tenant, and upon all the Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth hereinin this lease. Except as expressly set forth in this Lease, real property situated “the Premises” is described as Space Number Three (3) and Four (4) on Citizens Dock (“the Dock”) in the County of ChippewaDel Norte, State of WisconsinCalifornia, consisting more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to one hoist within each space of 58,725 square feet as outlined the Premises. Tenant shall have the exclusive right to possession of the space taken up on the attached Dock by the base of Tenant’s hoist, any office space located within the Premises, 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," (herein referred A is prohibited. As to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion remainder of the Lessor's Building #104 herein referred to as the "Building." The Premises, for the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives Landlord grants Tenant and is willing its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all others to accept a bona fide offer from a third party whom Landlord has or may grant the right, to lease use the Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that portion govern the use of Lessors building which is adjacent to the Common Areas. ''Common Areas'' means the space within the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver excepting those areas to Lessee a notice of its intent to lease which Tenant is granted the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its exclusive right of first refusal possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the nonexclusive right to lease the Future Expansion Premises upon the terms and conditions of this Leaseuse in common with Landlord, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space other tenants in the Future Expansion Premisesharbor and their employees and invitees, but has not received a bona fide offer from a third party to lease said PremisesLandlord’s common entrances, Lessee may lease that space restrooms, parking lot and similar areas and facilities in addition to the vicinity of the Premises described hereinthat are not leased to other tenants, subject to Landlord’s regulation of those facilities. In that case, Tenant shall not store anything off the lease of that Future Expansion Premises on Landlord’s property.
(b) All vehicles using the parking lots shall be at operable and removed from the same rental harbor’s parking lots and governed by other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in the same terms harbor unless they are conducting transient loading and conditions unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as outlined a “Truck.” All Trucks that are doing any business with Tenant shall be on the 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 Dock and the entrance of the Dock excepting the unloading area below the fuel dock.
(c) The rights of Tenant under this Lease Agreement. In either caseare subject to and subordinate to any general obligation, bond, Certificate of Participation, loan or other indebtedness of the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalLandlord now in existence or hereafter created.
Appears in 1 contract
Sources: Lease Agreement
Premises. Lessor hereby leases Subject to Lessee and Lessee leases from Lessor for upon the termterms, at the rentalprovisions and conditions hereinafter set forth, and upon all each in consideration of the conditions set forth hereinduties, real property situated covenants and obligations of the other hereunder, Landlord does hereby lease to Tenant and Tenant does hereby lease from Landlord, the Premises, together with the right to use the Common Areas in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedaccordance with Section 2(a). The Premises are a portion Net Rentable Area of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along Premises have been calculated in accordance with this subsection and are hereby stipulated for all other buildings purposes hereof to be the square footages set forth in the Basic Lease Information and improvements, which are herein collectively referred to as more particularly described on Exhibit Q. For the "Presto Facility." If at any time during any term or renewal term purposes of this Lease, Lessor receives “Net Rentable Area” has been determined by Landlord’s architect in accordance with the modified 2017 Building Owners and is willing Managers Association Standard Methods of Measurement (ANSI/BOMA Z65.1-2017) Method A (“BOMA”) (the “Method of Measurement”). Prior to accept the Commencement Date, Landlord shall provide Tenant with (a) a bona fide offer certificate or other statement from a third party to lease that portion Landlord’s architect setting forth in reasonable detail the Net Rentable Area of Lessors building which is adjacent to the Building and the Premises (identified on Exhibit "A" the “Rentable Area Certificate”), and (b) a complete set of “as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease built” plans for the Future Expansion Premises. Lessee shall have a period of thirty Base Building Improvements (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenantsuch term is defined herein). If, howeveras a result of such pre-Commencement Date measurement, and subject to Tenant’s right to verify such measurement in the manner described below, the Lessor has available space in Net Rentable Area of the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to Building and the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at determined to contain a square footage that differs from the same rental and governed rentable square footage referenced in the Basic Lease Information above, then the Base Rent shall be adjusted based upon the actual, finally determined the Net Rentable Area of the Premises multiplied by the same Base Rent per square foot and Tenant’s Share, the Tenant Improvement Allowance and all other terms and conditions as outlined in of this Lease Agreement. In either casewhich are based upon the size of the Net Rentable Area of the Building and the Premises, shall be adjusted based on the parties hereto actual Net Rentable Area (as applicable), and Landlord and Tenant shall enter into an amendment to this Lease Agreement describing confirming such adjustments. Within thirty (30) days after Tenant’s receipt of the additional space Rentable Area Certificate, Tenant shall have the right to have Tenant’s architect verify the Net Rentable Area of the Building and the Premises set forth in the Rentable Area Certificate. If Tenant notifies Landlord in writing within such thirty (30) day period that Tenant disputes Landlord’s calculation(s) and Tenant simultaneously provides Landlord with a written statement of Tenant’s architect’s calculation of such Net Rentable Area of the Building and/or the Premises, then Landlord’s architect and Tenant’s architect shall endeavor in good faith to reach mutual agreement on the Net Rentable Area of the Building and the Premises based upon the modified BOMA method. If Tenant’s architect and Landlord’s architect fail to reach mutual agreement on either or both such calculations within thirty (30) days after the date that Tenant notifies Landlord of Tenant’s dispute of either or both of Landlord’s calculations and if Tenant’s calculation of the Net Rentable Area of the Building and/or the Premises is more than two percent (2%) less than Landlord’s Net Rentable Area of the Building and/or the Premises calculations, then Tenant’s architect and Landlord’s architect shall mutually select a third independent architect within ten (10) Business Days after the expiration of such thirty (30) day period, which third independent architect shall select either Tenant’s architect’s calculation(s) or Landlord’s architect’s calculation(s) (whichever calculation(s) the third independent architect determines is more accurate) within thirty (30) days after such third independent architect’s appointment; provided, however, if Tenant’s calculation of the Net Rentable Area of the Building and/or the Premises is equal to or less than two percent (2%) less than Landlord’s calculation, then Landlord’s calculation shall be deemed to be correct and shall control for all purposes under this Lease. During the pendency of any disagreement over the calculation of the Net Rentable Area of the Building and/or the Premises, Tenant shall pay Base Rent and all additional rent based upon the Rentable Area Certificate, but such payment shall be adjusted retroactively to the Commencement Date at such time that there is an ultimate determination of the Net Rentable Area of the Building and/or the Premises. The rentable square footage of any additional office space leased and by Tenant in the term Building shall be calculated in accordance with the Method of that rentalMeasurement.
Appears in 1 contract
Premises. Lessor Landlord hereby leases Leases and lets to Lessee Tenant, and Lessee leases Tenant hereby takes and hires from Lessor Landlord, for the term, at the rental, Term and upon all and subject to the terms and conditions set forth hereinin this Lease, real property situated in and subject to all liens, encumbrances, easements, agreements, covenants, restrictions, zoning laws and governmental or any other regulations now or hereafter affecting or governing the County Shopping Center, the following described premises (the “Premises”): All of Chippewathat certain tract, State piece or parcel of Wisconsinland together with any and all improvements thereto (except as provided herein below), consisting of 58,725 including, without limitation a certain building (the “Building”) containing approximately 2,540 square feet as outlined of area on the attached first and second floors, all as shown in heavy outline on the site plan annexed hereto as Exhibit "A," A. together with the appurtenant right, as provided in Section 6(c) (herein referred 1) of this Lease, to as use in common with Landlord and others to whom Landlord shall grant such rights, the "Premises,") including rights to common areas as hereinafter specifiedParking Areas and other Common Areas within the Shopping Center. The Premises are a portion leased to Tenant subject to (1) the right of Landlord, its customers, tenants, employees, licensees and invitees to use, in common with Tenant, the roadways, walkways and drives located on the Premises, and (2) the right of Landlord, its agents, employees and contractors, to install, maintain, repair and replace from time to time above ground and underground sewer, drainage and other utility pipes, lines and conduits across the Premises to serve other portions of the Lessor's Building #104 herein referred Shopping Center (any such utilities serving other portions of the Shopping Center, including any existing on the Commencement Date, being deemed “Common Facilities” and not part of the Premises demised to as Tenant), and to enter upon the "Building." The Premises for such purposes, provided that (i) Landlord shall make reasonable efforts to expedite any such installation, maintenance, repair or replacement requiring entry upon the Premises, (ii) any new installation shall not unreasonably interfere with Tenant’s use of the Premises, and (iii) following each such entry, Landlord shall restore the surface of the Premises to the condition prevailing immediately prior to such entry. The Building is leased to Tenant “as is” without warranty or representation, either express or implied, as to its condition or repair, and all responsibility to place the Building in a tenantable condition suitable for Tenant’s business purposes shall be Tenant’s, as provided in Section 9 hereof and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of elsewhere in this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Premises. Lessor hereby leases Pursuant to Lessee the provisions of Paragraph 29 of the Lease, effective the earlier of October 1, 2002 or the date Landlord delivers possession of the Expansion Premises to Tenant ("Expansion Premises Commencement Date"), the Premises shall be expanded to include Suites 120 and Lessee leases from Lessor for the term160, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 containing approximately 23,563 rentable square feet as outlined depicted on the floor plans attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premiseshereto, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on marked Exhibit "A" as and by this reference made a part hereof (the "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises"), for a total in the Premises of approximately 131,139 rentable square feet. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease Beginning on the Future Expansion Premises upon Commencement Date, the"Premises," as that term is defined in the Lease, shall be amended to mean and include the Expansion Premises and, subject to the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, howeverAmendment, the Lessor has available space in demise of the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at subject to each and every term, provision and condition set forth in the same rental Lease as if the Expansion Premises were originally demised thereunder. Notwithstanding the foregoing, Tenant acknowledges that Kirkham Michael & Associat▇▇, ▇▇▇. (▇▇▇ Current Tenant") currently leases the Expansion Premises, with such lease expiring on September 30, 2002. Should the Current Tenant holdover and governed not vacate the Expansion Premises prior to the Expansion Premises Commencement Date, Landlord will not be liable to Tenant for any damages suffered by Tenant as a result of such holdover. However, in such event, Landlord will use reasonable efforts to pursue its legal remedies to evict the same terms Current Tenant from the Expansion Premises. Alternatively, in the event that the Current Tenant vacates the Expansion Premises prior to the expiration of its lease therefor, Landlord shall deliver possession of the Expansion Premises earlier than October 1, 2002. Tenant hereby represents and conditions as outlined warrants to Landlord that Tenant shall not engage in this Lease Agreementany discussions with the Current Tenant concerning early termination of the Current Tenant's premises, or related issues, without Landlord being present. In either caseLandlord and Tenant agree that upon delivery by Landlord to Tenant of the Expansion Premises, the parties will execute a Commencement Date Certificate in the form attached hereto shall enter into an amendment to this Lease Agreement describing as Exhibit "C" confirming the additional space to be leased and the term of that rentalExpansion Premises Commencement Date.
Appears in 1 contract
Premises. (a) Lessor hereby leases to Lessee Lessee, and Lessee hereby leases from Lessor Lessor, for the term, at the rental, rental and upon all of the terms and conditions set forth herein, real property situated in those certain premises consisting of the County area outlined and cross hatched on the plans attached hereto as Exhibit B-1 and B-2 (the "Primary Premises") which-is a portion of Chippewathat certain building (the "Building") located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ of Los Angeles, State of WisconsinCalifornia.
(b) On the condition that the present tenant, consisting of 58,725 square feet as outlined on to wit: TRW, vacates the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, warehouse space located within the Building and outlined and cross-hatched on the Common Areas, along with all other buildings and improvements, are herein collectively referred to plan attached hereto as Exhibit B-3 (the "Presto Facility." If TRW Warehouse Space"), Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the term, at any time during any term or renewal term the rental and upon all of the terms and conditions set forth herein the TRW Warehouse Space. In this connection Lessor has prior to the execution of this Lease, Lessor receives and is willing to accept Lease served a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which notice on TRW to exercise its right of first refusal vacate the TRW Warehouse Space, Lessor shall have no other obligation with regard to such space other than to lease the Future Expansion Premises upon space to Lessee pursuant to the terms of this Lease if, as and conditions when it becomes available. In the event TRW fails to vacate such space this Lease shall continue in full force and effect as to the Primary Premises and Lessor shall have no liability to Lessee as a consequence of such failure. In the event TRW vacates the TRW Warehouse Space and as a consequence Lessor leases the same to Lessee as above provided, when Lessor makes the TRW Warehouse Space available to Lessee for occupancy the term "Premises" as used in this Lease shall mean the Primary Premises together with the TRW Warehouse Space. In the event TRW does not vacate the TRW Warehouse Space and Lessor only leases the Primary Premises to Lessee pursuant to this Lease, but at a rate the term "Premises" as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined used in this Lease Agreement. In either case, shall mean the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPrimary Premises.
Appears in 1 contract
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to Landlord the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver described in Article 1d., subject, nevertheless, to Lessee a notice all of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease. Calculation of the actual Rentable Area of the Premises and Building shall be performed by Landlord's architect, but at a rate which calculation shall be conclusive and binding upon Landlord and Tenant. Except as acceptable to the proposed third party tenant. Ifused in Sections 9, however11(b), 20, 21, 44, 46 and 64, the Lessor has available space term "Building" shall mean the structure in which the Future Expansion PremisesPremises are located. Tenant acknowledges that Landlord is contemplating constructing, but has although is not received a bona fide offer from a third party obligated to lease said Premisesconstruct, Lessee may lease that space buildings and improvements on the Parcel in addition to the Building in which the Premises described hereinare located. In that caseLandlord reserves the right to construct such additional buildings and improvements, if any, in phases, and to modify the design, size, location, and use of such additional buildings and improvements. As used in this Lease, the lease term "Parcel" shall beam the parcel of that Future Expansion Premises shall be at land described on Exhibit "B" annexed hereto, as the same rental may be subdivided from time to time, in which event "Parcel" shall mean all of the subdivided parcels. Landlord reserves the right to subdivide the Parcel from time to time into two (2) more parcels in such manner as Landlord determines. For purposes of references, a site plan (the "Site Plan") is attached hereto as Exhibit "B", showing the general location of the land upon which the Building containing the Premises is located, the location of the Exterior Common Area, and governed the remainder of the Parcel. The land comprising that portion of the Parcel on which the Building containing the Premises is located is depicted on the Site Plan, and is hereinafter referred to, as the "Phase I Pad". The portion of the Parcel other than the Phase I Pad and the Exterior Common Area is depicted on the Site Plan, and is hereinafter referred to, as the "Phase II Pad". The Parcel, building and all other improvements now or hereafter located on the Parcel, if any, are herein sometimes referred to as the "Project". Tenant acknowledges that as currently contemplated by Landlord, the same terms first floor of the Building will be devoted to retail use and conditions as outlined the second through fifth floors of the Building will be devoted to office use; provided, however, that nothing in this Lease Agreementshall be deemed to require Landlord to utilize the Building at any time during the term of this Lease as currently contemplated by Landlord. In either caseAs used in this Lease, the parties hereto term "Retail Space" shall enter into an amendment refer to this Lease Agreement describing that portion of the additional space Building leased to, or intended to lease to, retail tenants from time to time, and the term "Office Space" shall mean and refer to that portion of the Building leased to, or intended to be leased to, office tenants from time to time. Tenant acknowledges that Landlord may from time to time reconfigure the location of buildings, driveways, landscaped areas and other improvements within the term Project. "Exterior Common Area" is defined in Article 55. This Lease is subject to all of that rentalthe terms, covenants and conditions set forth in this Lease. 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 to be kept by Tenant under the Lease.
Appears in 1 contract
Sources: Office Lease (QCS Net Corp)
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee Tenant leases -------- from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are Landlord a portion of the Lessor's Project Property, consisting of that certain real property depicted on the Plot Plan attached hereto as Exhibit A, 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 a nonexclusive easement for the Term of this Lease for the use of the auxiliary equipment the Project building located on Property and depicted on the Plot Plan attached hereto as Exhibit B (the "Auxiliary Building") for the purpose of access to and repair, maintenance and replacement of the emergency boilers, the fertilizer/irrigation system and any other equipment under the control of Tenant relating to the operation of the Premises and located in the Auxiliary Building.
(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 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 attached hereto. It is also the parties' intention that the easement to use the Auxiliary Building #104 herein referred granted pursuant to paragraph 1(b) above cover such building even if not constructed in the exact location depicted on Exhibit B attached hereto. At such time as the "Building." The Premisesgreenhouse facility, the packing facility and Auxiliary Building have been constructed Landlord and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto Tenant shall enter into an amendment to this Lease Agreement describing incorporating the additional space to be leased description of the greenhouse and packing facility set forth on such survey as the description of the Premises and the term description of the auxiliary building set forth on such survey as the description of the Auxiliary Building.
(d) Landlord warrants that rentalso long as Tenant is not in default hereunder, Tenant shall have peaceful and quiet use and possession of the Premises, subject to any mortgage and all matters of record or other agreements to which this Lease is or hereafter may be subordinated.
Appears in 1 contract
Sources: Greenhouse Lease Agreement (Colorado Greenhouse Holdings Inc)
Premises. Lessor hereby Subject to and in accordance with the provisions hereof, Landlord leases to Lessee Tenant and Lessee Tenant leases from Lessor Landlord the Premises as designated on Exhibit A. The Rentable Area of the Premises and Building for all purposes shall be as set forth in Section 1(c) and 1(d), respectively. The Rentable Area of the Premises includes a pro-rata portion of all Common Areas. Tenant agrees that, except as expressly stated herein and in the Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and except as otherwise expressly provided in this Lease, no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that, except for the term“Authorized Use” described in Section 3 of this Lease, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant's taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive 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 the rentalany time and from time to time, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, include the Building and within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, along with all other buildings and improvementsor Project consists; to alter, are herein collectively referred to relocate, reconfigure and/or reduce the Common Areas, as long as the "Presto Facility." If at Premises remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that such suspension is necessary to perform its repair or maintenance obligations under this or any time during other agreement or to comply with any term or renewal term of this Leaseapplicable Laws, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to as long as the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalremain reasonably accessible.
Appears in 1 contract
Premises. Lessor hereby Landlord leases the Premises to Lessee Tenant, subject to the provisions of this Lease. Except as otherwise expressly provided in this Lease, upon Tenant’s commencing occupancy of the Premises, Tenant shall be deemed to have accepted the same in their condition existing as of the date of such commencement of occupancy and Lessee leases subject to all applicable municipal, county, state and federal statutes, laws, ordinances, including zoning ordinances, and regulations governing and relating to the use, occupancy or possession of the Premises. Tenant acknowledges that the only warranties and representations Landlord has made in connection with the physical condition of the Premises or Tenant’s use of the same upon which Tenant has relied directly or indirectly for any purpose, if any, are those expressly provided in this Lease. TENANT ACKNOWLEDGES THAT IT HAS (OR WILL HAVE BY SEPTEMBER 15, 2006) FULLY INSPECTED AND ACCEPTS THE PREMISES IN THEIR PRESENT CONDITION, AND TENANT WARRANTS AND ACKNOWLEDGES TO AND AGREES WITH LANDLORD THAT TENANT IS LEASING THE PREMISES IN AN “AS IS, WHERE IS” PHYSICAL CONDITION “WITH ALL FAULTS” AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE OR TYPE WHATSOEVER FROM OR ON BEHALF OF THE LANDLORD, EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE. Tenant shall perform an inspection of the Premises and its appurtenant systems and fixtures prior to September 15, 2006, and shall provide Landlord with written notice of any reasonable and material objection that it has regarding such physical condition of the Premises and its appurtenant systems and fixtures (giving due consideration towards the age of the Premises, and ordinary wear and tear thereto; provided that such consideration shall not prevent Tenant from Lessor for making an objection with respect to the termPremises and its appurtenant systems and fixtures, or any portion thereof, that is not in reasonably good and safe operating condition and repair) discovered during its inspection on or before such date. If Landlord cannot or will not cure any or all of Tenant’s objections, Landlord shall provide Tenant with written notice of such intention within three (3) business days of Tenant’s notice; otherwise, Landlord shall be deemed to have elected to cure Tenant’s objection to Tenant’s reasonable satisfaction. In the event that Landlord elects not to give or fails to give such notice and further fails to cure Tenant’s objections, to Tenant’s reasonable satisfaction, or if Seller gives such notice, then Tenant may, at its option, either (i) terminate this Lease by written notice thereof to Landlord prior to the rentalCommencement Date, whereupon neither party shall have any further obligation to the other under this Lease, or (ii) proceed to the Commencement Date, in which event there shall be no abatement in rent or other terms (except as may be mutually agreed by the parties). In the event that Tenant does not exercise the option described in (i) above within five (5) business days of any notice by Landlord that it cannot or will not cure an objection, then Tenant shall be conclusively deemed to have elected option (ii) above. Landlord retains risk of loss to the Premises prior to the Commencement Date, except to the extent caused by the negligence or willful misconduct of Tenant or its employees, agents, contractors and upon consultants. If prior to the Commencement Date, all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a or any portion of the Lessor's Building #104 herein referred Premises is damaged or destroyed by fire or other casualty prior to the Commencement Date as a result of events or circumstances other than the "Building." The negligence or willful misconduct of Tenant or its employees, agents, contractors and consultants, which damage or destruction will result in a material disruption to Tenant’s planned operations at the Premises, in Tenant’s reasonable judgment, then Tenant shall give prompt written notice to Landlord, and either of the Building and parties may, at their option, terminate this Lease by written notice to the Common Areasother within ten (10) days of Tenant’s notice to Landlord, along with all whereupon neither party shall have any further obligation to the other buildings and improvements, are herein collectively referred to as under this Lease. In the "Presto Facility." If at any time during any term or renewal term event that neither of the parties terminate this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion the provisions of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor Article 9 shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalcontrol.
Appears in 1 contract
Sources: Warehouse Lease (Pizza Inn Inc /Mo/)
Premises. 2.1. In consideration of the Rent hereby reserved and the covenants herein contained and on the part of Lessee to be paid, performed and observed, and expressly subject to the provisions of Section 2.5 below, Lessor does hereby leases demise and lease unto Lessee, and Lessee hereby hires from Lessor, the Premises, for the Initial Term, unless sooner terminated pursuant to any provision of this Lease or pursuant to law.
2.2. It is agreed, stipulated and understood that Lessee is currently in sole occupation of the entire Premises, pursuant to an Agreement of Sublease (the “Sublease”) dated as of August 1, 1990 and made by and between National Semiconductor Corporation (“NSC”) and Lessee, which Sublease expires as of August 30, 1995 and that accordingly Lessee hereby accepts the Premises absolutely and irrevocably in an “as is” and “with all faults” condition, and Lessee hereby expressly warrants and stipulates that except as may be hereinafter set out, neither Lessor, nor any agent or employee of Lessor has made any representation or warranty of any description whatsoever with respect to the Premises or any matters or circumstances related to or affecting the same, and Lessee’s execution and delivery of this Lease is and shall at all times be construed as resulting solely from Lessee’s independent knowledge of the Premises, provided that nothing in this Section 2.2 shall be construed as limiting Lessor’s obligations pursuant to Section 2.4 and Section 9 below.
2.3. Prior to the Lessee’s Initial Work Completion Date, Lessee shall, at Lessee’s sole cost and expense, perform and complete in a good and workmanlike manner, Lessee’s Initial Work.
2.4. Prior to the Commencement Date (but subject to Lessee’s compliance with the provisions of Section 2.3 above), Lessor shall, at Lessor’s sole cost and expense, perform and complete in a good and workmanlike manner, Lessor’s Work. In the event that Lessee shall fail to complete Lessee’s Initial Work prior to the Lessee’s Initial Work Completion Date, then without in any way reducing or otherwise modifying Lessee’s obligations hereunder, Lessor shall be entitled to a period of time following the Commencement Date for the completion of Lessor’s Work which is equal to the number of days between the Lessee’s Initial Work Completion Date and the date upon which the completion of Lessee’s Initial Work actually occurs.
2.5. Notwithstanding any other provision herein contained, it is hereby expressly agreed, stipulated and understood that this Lease and all rights, duties and liabilities hereunder are entirely subject to the receipt by Pullman & ▇▇▇▇▇▇ (“Escrowee”) of the sum of One Million Dollars ($1,000,000.00) in immediately available funds from NSC (the “Restoration Sum”), which Restoration Sum represents the monies referred to in a certain Tri-Partite Agreement to be executed by NSC, Lessor and Lessee and delivered together with the Restoration Sum (the “Agreement”), the form of which Agreement is attached hereto as Exhibit E and made a part hereof. Upon Escrowee’s receipt of the Restoration Sum and execution and delivery of the Agreement by all parties thereto, Escrowee shall deliver $250,000.00 to Lessor, which amount shall be deemed earned by Lessor uopn receipt, and shall retain the remaining $750,000.00 representing the “Escrow Sum” pursuant to the provisions of the Escrow Agreement made of even date herewith by and among Lessor, Lessee leases from and Escrowee, a copy of which is attached hereto as Exhibit F and made a part hereof. The Escrow Sum shall be disbursed as provided in the Escrow Agreement. In the event that the provisions of this Section 2.5 are not satisfied by January 17, 1995, then either Lessor for the termor Lessee may, at their option, deliver written notice to the rentalother canceling this Lease, and upon all the conditions set forth hereinreceipt of such notice, real property situated in the County this Lease shall automatically terminate so that this Lease shall thereafter be null and void and of Chippewano further effect, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, neither Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. nor Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms any further rights, duties and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalliabilities hereunder.
Appears in 1 contract
Sources: Lease Agreement (Atmi Inc)
Premises. Lessor In consideration of the rents, terms, provisions and covenants of this lease agreement (the “Lease”), Landlord hereby leases, lets and demises to Tenant and Tenant hereby leases to Lessee from Landlord the premises described in Paragraph 3 of the Summary of Lease Provisions (the “Summary”) above (the “Premises”). The Premises consists of the Land, together with certain buildings (collectively, the “Building”) and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined improvements located on the Land to be renovated by Landlord pursuant to the Tenant Work Agreement to be attached hereto as Exhibit "A," (herein referred to as B and includes all parking spaces, site work and landscaping areas on the "Premises,") including rights to common areas as hereinafter specifiedLand. The Premises are a portion demised and let subject to (a) the existing state of the Lessor's Building #104 herein referred to title as of the "Building." The PremisesEffective Date, including, but not limited to, the Building Permitted Exceptions, (b) any state of facts that an accurate survey or physical inspection thereof might show, and (c) all zoning regulations, restrictions, rules and ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction, without representation or warranty by Landlord, express or implied, except to the Common Areasextent otherwise specified in this Lease. Without limiting the foregoing and subject to Landlord’s obligations to perform the Tenant Work pursuant to the Tenant Work Agreement, along Tenant will be deemed to have accepted the Premises as of the Effective Date in “AS IS” condition, with all other buildings and improvementsfaults, are herein collectively referred to except as the "Presto Facility." If at any time during any term or renewal term expressly set forth in this Lease. The provisions of this LeaseSection 1.1 have been negotiated by Landlord and Tenant and are intended to be a complete exclusion and negation of any representations or warranties of Landlord, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent express or implied, with respect to the Premises (identified on Exhibit "A" that may arise pursuant to any law now or hereafter in effect, or otherwise, except as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of expressly provided in this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Sources: Lease Agreement
Premises. Lessor (a) Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires from Lessor for Landlord the termPremises identified in Article I in the Building, at excluding (a) the rentalcommon stairways, stairwells, elevators and elevator ▇▇▇▇▇, the exterior faces of the exterior walls, and (b) the pipes, ducts, conduits, wires and appurtenant fixtures serving the Premises and/or other parts of the Building, and reserving to the Landlord the right to relocate same within or without the Premises, upon all reasonable advance notice to Tenant, and in such a manner as to minimize interference with Tenant’s business operations (except for emergencies).
(b) Tenant, its agents, employees and invitees shall have, in common with other tenants of Landlord and their respective agents, employees and invitees, the conditions use of the common areas of the Building, the Lot and the Garage, subject to parking privileges and the Rules and Regulations set forth hereinin Exhibits “A” and “B” annexed hereto.
(c) Tenant, real property situated in the County common with other tenants of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common AreasLandlord, along shall have the use of the area above the ceilings in the Premises for cabling, wiring, piping, and associated uses, at no additional rent.
(d) Tenant may, at Tenant’s expense, install a satellite dish and/or an antenna on the roof of the Building or on a structure located thereon provided (i) Tenant shall promptly repair all roof punctures made on account thereof, (ii) Tenant shall place such items as Landlord shall direct, and (iii) wiring to any such installation shall comply with all other buildings codes applicable thereto and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed effected by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment contractors reasonably satisfactory to this Lease Agreement describing the additional space to be leased and the term of that rentalLandlord.
Appears in 1 contract
Sources: Lease (CNB Financial Corp.)
Premises. Lessor Landlord hereby leases to Lessee Tenant, and Lessee Tenant leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property Landlord those certain premises situated in the City of Fremont, County of ChippewaAlameda, State of WisconsinCalifornia, consisting being all of 58,725 the rentable square feet footage contained in that certain building commonly known and designated as 6▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Premises”), the general location of which is shown on Exhibit “A” attached hereto. For purposes of this Lease the square footage of the building in which the Premises is located (“Building”) is deemed to be one hundred thousand one hundred three (100,103) rentable square feet. Tenant shall also have the nonexclusive 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 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”). Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements (defined in Section 6.B below). Landlord shall have the right, in its sole and absolute discretion, from time to time, to do the following, provided that reasonable access to the Premises remains available and such actions do not materially interfere with Tenant’s business operation: (a) make changes to the Common Area and/or the Project, including, 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; (b) close temporarily any of the Common Area 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 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 attached Exhibit "A," fact, nor has Landlord represented, that any specific tenant or type or number of tenants shall occupy any space in the other Project buildings (herein referred 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,") including rights to common areas as hereinafter specifiedbasis of calculating the rent due under this Lease and Tenant’s Allocable Share (defined in Section 9.E below). The Premises 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 Project as described in Section 17 below). No representation or warranty of any kind, express or implied, is given to Tenant with respect to the square footage or acreage of the Premises, Building or any other portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion PremisesProject. Lessee Landlord shall have a period of thirty (30) days within which no liability to exercise its right of first refusal to lease Tenant if the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises square footages or acreage described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, differ from the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalactual square footages or acreage.
Appears in 1 contract
Sources: Lease Agreement (Cutera Inc)
Premises. Lessor For and in consideration of the covenants and agreements contained herein and other valuable consideration, Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord to have and to hold upon the termfollowing terms and conditions, at the rentalland, being comprised of approximately 48.08 acres being more particularly described on Exhibit “A” attached hereto (the “Land”), and upon all of the conditions set forth hereinimprovements, real property situated in the County of Chippewabuildings, State of Wisconsinpavement, consisting of 58,725 structures, and fixtures now or hereafter located thereon, including a warehouse/distribution building containing approximately 707,010 square feet as outlined of ground floor (“Building”) area to be constructed by Landlord on the attached Exhibit "A," (herein referred Land pursuant to as the "Premises,") including rights to common areas Development Agreement as hereinafter specifieddefined, together with all rights, easements and appurtenances pertaining thereto, and all trees, bushes, landscaping and foliage thereon, and having a street address of ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ (collectively, the “Premises”). The Premises are a portion Tenant hereby accepts the Premises, subject to Landlord’s completion of the Lessor's Building #104 herein referred improvements (“Landlord Improvements” or “Initial Improvements”), required to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent be constructed by Landlord pursuant to the Premises Development Agreement by and between Tenant and Landlord of even date herewith (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms “Development Agreement”), and conditions of this Lease, but at a rate as acceptable subject to the proposed third party tenantPermitted Exceptions described in Exhibit “C” attached hereto (the “Permitted Exceptions”), (including but not limited to that certain Declaration of Covenants, Conditions and Restrictions for Tahoe-Reno Industrial Center recorded on September 25, 1998, under file No. If83412, howeverOfficial Records of Storey County, Nevada (the Lessor has available space in “Declaration”). Landlord shall not amend the Future Expansion PremisesDeclaration or Permitted Exceptions without the prior consent of the Tenant, but has which shall not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalunreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement (Zulily, Inc.)
Premises. Lessor Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Lessee Tenant and Lessee Tenant leases from Lessor for Landlord, the term, at the rental, and upon all the conditions set forth herein, real property situated Rentable Floor Area of Tenant’s Space in the County Building (hereinafter, the “Tenant’s Space”), together with the appurtenances described below and in Sections 10.14 and 10.15 of Chippewathis Lease. Tenant’s Space, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as same may be expanded in accordance with Exhibit M, together with such appurtenances, is hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as "the Premises"Presto Facility." If . Tenant shall have, as appurtenant to the Premises, the right to use the “Building Parking Area” on the plan attached as Exhibit A, all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto (except as otherwise noted below or elsewhere in this Lease to the contrary), subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park (i.e. The Middlesex Technology Center) attached hereto as Exhibit A (the “Park”) from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located in the Building, and located at any the Park, including, without limitation, duct shafts, electrical and common risers, main electrical room and the Common Areas shown on the Plan of the Park attached hereto as Exhibit A (collectively, the “Common Areas”), as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any term amendments or renewal term of this Leasemodifications materially affecting the Lot, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building shall require Tenant’s prior written approval, which is adjacent such approval shall not be unreasonably withheld or delayed. Landlord may not request any changes which would reduce Tenants Parking, limit access or visibility to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice Premises. Any changes interfering with Tenant’s use and operation of its intent business thereon shall be at the sole discretion of the Tenant. Tenant’s consent to lease any request for changes shall be deemed granted in the Future Expansion Premises. Lessee shall have a period of event that Tenant fails to respond within thirty (30) days within which of Landlord’s written request for approval therefor; (b) all rights to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Leaseaccess, but at a rate as acceptable all service areas (except that Tenant shall be entitled to the proposed third party tenantexclusive use of one (1) existing tailboard loading dock and one (1) additional tailboard loading dock is to be constructed by Landlord pursuant to Article III hereof, specifically at Landlord’s cost), drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all rights appurtenant to the Lot created in or conveyed by the deed to Landlord, if any, (f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. IfLandlord reserves the right from time to time, howeverwithout unreasonable interference with Tenant's use, and subject to the Lessor has available space in the Future Expansion Premisespreceding paragraph, but has not received a bona fide offer from a third party (a) to lease said Premisesinstall, Lessee may lease that space in addition repair, replace, use, maintain and relocate for service to the Premises described herein. In 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 case(i) substitutions are substantially equivalent or better, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms (ii) such fixtures and conditions as outlined in this Lease Agreement. In either caseequipment are placed above Tenant’s ceilings, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased behind its walls and the term of that rentalbelow its flooring.
Appears in 1 contract
Sources: Lease Agreement (Nexx Systems Inc)
Premises. Lessor hereby leases (a) The DEVELOPERS CUM VENDORS shall sell to Lessee and Lessee leases from Lessor the PURCHASER, the SAID RESIDENTIAL PREMISES to be constructed on said amalgamated plot Nos._&_ of the property bearing Survey No. 66/1 of Village Salvador do Mundo which Residential Villa is identified as Villa No. _ to be constructed in accordance with the specifications contained in Schedule -V hereafter written, which Villa is described in detail in Schedule- III hereafter written to be constructed on the said property described in Schedule II which Villa is shown in the plan annexed hereto.
(b) The DEVELOPERS CUM VENDORS shall provide to the PURCHASER car parking within the area occupied by Plot Nos. _&_ as indicated in the plan annexed hereto.
(c) This Agreement shall not bar or restrict the right of the DEVELOPERS CUM VENDORS to sell or construct the remaining area or undivided share in the SAID PROPERTY to or for the term, any other person/s at the rentalsole discretion of the DEVELOPERS CUM VENDORS.
(d) The PURCHASER hereby confirms that he has verified the title of the DEVELOPERS CUM VENDORS to the SAID PROPERTY and the said plots and only on being fully satisfied about such title, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedPURCHASER has entered into this Agreement. The Premises are a portion DEVELOPERS CUM VENDORS shall at all times allow the inspection of the Lessor's Building #104 herein referred title documents by the PURCHASER by making the same available to him at such place as may be intimated by the "Building." DEVELOPERS CUM VENDORS on receipt of written request from the PURCHASER. The Premises, inspection of documents would not be permissible after taking possession of the Building SAID RESIDENTIAL PREMISES. The original document shall always be the property of the DEVELOPERS CUM VENDORS and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises PURCHASER shall be at entitled to take only copies of the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalat his own cost.
Appears in 1 contract
Sources: Sale Agreement
Premises. Lessor Lessor, for and in consideration of the rents, covenants, and agreements herein contained on the part of Lessee to be paid, kept, and performed, does hereby leases to Lessee lease, rent, let, and demise unto Lessee, and Lessee leases does hereby take, accept, hire, and lease from Lessor Lessor, upon and subject to the conditions hereinafter expressed, the Premises (as described in and shown on Exhibit A) for the termsole and exclusive purpose of conducting the Permitted Use and designing, at the rentalconstructing, operating, maintaining, repairing, and upon all expanding the conditions Permitted Improvements. Appurtenant to the Premises is the non-exclusive right, subject to the terms set forth herein, real property situated to investigate (including any subsurface geotechnical investigation), improve, modify, and use the access areas described in Exhibit A and Exhibit B, for pedestrian and vehicular access to and egress from the Premises plus the right to construct electric interconnection lines to connect the Solar Energy Facility (a) to the facilities of Lessor such that the Solar Energy Facility or each unit thereof qualifies as a single Solar Net Metering Facility or separate Solar Net Metering Facilities, and (b) to National Grid or another Host Customer, in the County event of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion termination of the Net Metering Sales Agreement due to default of Lessor's Building #104 herein referred to as the "Building." . The Premises, which shall include the Building Lease Area, Access Easement Area, Construction Easement Area, and Utility Easement Area, and the Common Areasappurtenant rights are demised subject to the following:
a. any encumbrances shown on the survey of the Premises;
b. covenants, along restrictions, easements, agreements, and reservations, as set forth in Exhibit A;
c. present and future zoning laws, ordinances, resolutions, and regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use (provided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date);
d. the condition and state of repair of the Premises as the same may be on the Effective Date;
e. all water charges, electric charges, and sewer rents, accrued or unaccrued, fixed or not fixed, from and after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any other appurtenant facilities or improvements associated with the Permitted Use; and
f. full compliance by the Lessee with all other buildings and improvementsApplicable Legal Requirements (provided, are herein collectively referred to as the "Presto Facility." If at any time during any term however, that Lessor shall not restrict or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to otherwise encumber the Premises (identified on for the Permitted Use after the Effective Date). Exhibit "A" A attached to this Agreement as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Effective Date includes the Parties’ initial approximation of the Premises. Lessee shall have a period be permitted to replace Exhibit A with an updated description of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to drawings indicating the Premises described herein. In that case, before commencement of installation work on the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalSolar Energy Facility.
Appears in 1 contract
Sources: Site Lease Agreement
Premises. Lessor hereby leases Annexed hereto and made a part hereof is a copy of the Exhibit A Site Plan originally annexed to Lessee and Lessee leases from Lessor for made part of the termLease; and a new copy of that plan, at the rentallabeled (and hereinafter referred to) as "Exhibit A-1". As of May 17, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," 1997 (herein referred to hereinafter as the "Premises,Delivery Date") including rights ), the Lease shall relate to common areas as hereinafter specified. The Premises are a and cover only the portion of the Lessor's Building #104 herein referred to Original Premises which are comprised of the premises located on the area identified on Exhibit A-1 as the "BuildingBalfour Parcel" (together with an appurtenant right of access and egress between the Balfour Parcel and ▇▇▇▇ ▇▇▇▇▇▇▇ Blvd." The Premises). Accordingly, and without limitation, effective from and after the Delivery Date, the Tenant shall have no right, title or interest in and to the balance of the Original Premises (shown on Exhibit A-1, and referred to hereinafter, as the "Adjacent Parcel"), and the Tenant shall vacate and deliver up possession of the Adjacent Parcel including, without limitation, the Building and the Common Areaslocated thereon, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to condition required as if 12:01 A.M. on the Premises described herein. In that case, Delivery Date were the lease end of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalthe Lease with respect to the Adjacent Parcel, on or before the Delivery Date. Further, from and after the Delivery Date: all references in the Lease to the "Lot" shall be references to the parcel(s) comprising the area shown on Exhibit A-1 as the Balfour Parcel; all such references to a Building or the Buildings, as the case may be, shall be references to the Building located on the Balfour Parcel; all such references to the "improvements" thereon shall be references to those contained on the Balfour Parcel; and all such references to the "Premises" shall be references to the Balfour Parcel together with the Building and improvements thereon. Likewise, from and after the Delivery Date, whenever reference is made to the Site Plan or to Exhibit A in the Lease, such reference shall be construed to be reference to Exhibit A-1 hereto.
Appears in 1 contract
Sources: Lease (Town & Country Corp)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the termLandlord, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as building (the "“Building." The Premises”) located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Drive in the City of Sunnyvale, Santa ▇▇▇▇▇ County, California, consisting of the complete second floor of the Building and a portion of the Common Areas, along ground floor of the Building as depicted on Exhibit A-1 attached hereto and incorporated herein (the “Premises”). The Building together with all other buildings and improvements, are the land on which the Building is located is referred to herein collectively referred as, the “Property”. During the Term (as defined below), Tenant shall have the exclusive right to use the generator which currently services the Building. During the Term, Tenant shall have the right to use two hundred twenty (220) parking stalls at the Property, including the exclusive right to use twenty-one (21) parking stalls as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified depicted on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of A-2 attached hereto and incorporated herein, which reserved spaces will be marked by Landlord “Reserved for Applied Micro”. Notwithstanding the foregoing, Landlord may at its intent to lease the Future Expansion Premises. Lessee shall have a period of election upon thirty (30) days within which written notice to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, Tenant but at a rate as acceptable only to the proposed third party tenant. If, howeverextent necessary to allow Landlord’s Construction (hereinafter defined and with the designated location as convenient as practicable to the main entrance of the Building) designate the locations within the Property in which Tenant and Tenant’s employees and visitors may park and move (but only on a temporary basis, the Lessor has available space location of the reserved spaces shown on Exhibit A-2 attached hereto to a location in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition close proximity to the Premises described hereinexisting reserved spaces designated on Exhibit “A-2”. In that caseaddition, Tenant shall have the non-exclusive right to use those portions of the Property designated by Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other tenants of the Building, which shall include but shall not be limited to, those areas on the ground floor of the Building designated on Exhibit A-1 as “Common Area”, common entrances, lobbies, corridors, stairwells, elevators, trash areas, roadways, walkways, driveways and landscape areas, together with the existing training room, cafeteria, fitness room and the adjacent restrooms and shower facilities (the “Common Area”). Common Area does not include the Building’s exterior windows and walls and the roof. Tenant is currently in occupancy of the Building and Tenant shall be entitled to exclusive occupancy of the Building (including, without limitation, the lease of that Future Expansion Premises shall be at the same rental complete ground floor) through and governed by the same terms and conditions as outlined in this Lease Agreement. In either caseincluding March 13, the parties hereto shall enter into an amendment to this Lease Agreement describing the 2014 without additional space to be leased and the term of that rentalcharge or Rent.
Appears in 1 contract
Sources: Lease (Applied Micro Circuits Corp)
Premises. 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 the Common Areas of the Leased Buildings, and the right to use the Common Areas of the Lessor Complex upon the terms and conditions contained herein. The second floor of the Maxon Building (“Maxon Building Second Floor Premises”), or portions of it, may be leased on a temporary basis at Lessee’s option on or after January 1, 2005, and the rent therefor shall be based on actual cost, calculated in accordance with Rent Calculation for Monthly Unit Rent, and shall be pro rated based on the number of days/hours such second floor is used by Lessee leases from Lessor (the “Maxon Building Second Floor Rent”) provided, however, that the second floor of the Maxon Building, or portions of it, and the land thereunder, so leased shall not be part of the Leased Premises.
2.2. As consideration for the termRent hereby agreed to be paid to Lessor by Lessee, at as an essential inducement to Lessee to enter into this Agreement, as one of the rentalnecessary rights for the use and benefit of this Agreement by Lessee, and upon 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, corridors, hallways, highways, usable areas in, over, under and between the Leased Buildings, skybridges, including those connecting C1 Building and Assembly Building, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the conditions set forth hereinLessor Complex owned by Lessor (together the “Common Areas of the Lessor Complex”), real property situated provided that Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of such portions of the Lessor 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 County rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee 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 acts of ChippewaLessor, State or any other party claiming an interest in the Lessor Complex against Lessor and (b) to reduce the rights granted by Lessee to Lessor under Section 2.2 of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedLessee Complex Lease Agreement. The Premises are a portion rights granted hereunder shall be integral to the grants of the Lessor's Building #104 herein referred 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 as the "Buildingany successor and permitted assign of Lessee." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease
2.3. In addition, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver hereby grants to Lessee a notice 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 both for land and for buildings for a term of its intent the Lease Term. To the extent permitted by Applicable Law, the Lease Right shall be effective as to lease the Future Expansion Premises. Land, as long as the Leased Buildings remain on the Land and Lessee shall have a period uses the Leased Buildings for the purpose of thirty (30) days within which to exercise its right of first refusal to lease operating the Future Expansion Premises upon Business in accordance with the terms and conditions of this LeaseAgreement. 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”), but at a rate as acceptable subordinate only to the proposed third party tenantregistered rights of Lessor’s mortgagees (“Lessor’s Mortgagees”) as of one (1) day prior to the Closing Date, and any re-financing or replacement of their mortgage loans (each, a “Lessor Financing”) secured against the Leased Buildings during the Lease Term. Lessee acknowledges that any Lessor Financing may be refinanced or replaced from time to time, and Lessee agrees to take any action reasonably requested by Lessor at Lessor’s sole cost in connection therewith including de-registration of the Lease Right so long as Lessor and any applicable Lessor’s mortgagee takes any action necessary to maintain or cause to be maintained the Second Priority of the Lease Right, including re-registration thereof.
2.4. 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.
2.5. With respect to the Generator Buildings, each of Lessor and Lessee shall cooperate with the other Party and take or cause to be taken such action as may be reasonably requested by the other Party in order to, among other requirements, institute a security program to restrict access to the Generator Buildings solely to approved personnel. Notwithstanding anything to the contrary set forth herein, (i) with respect to Gas Plant C-1 Generator Building, Lessor shall retain 200.4 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 183.6 square meters to be used as Joint Use Area, and (ii) with respect to the Generator C-2 Building, Lessor shall retain 120 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 240 square meters to be used as Joint Use Area.
2.6. 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 primarily used by the System IC Division of Lessor and which shall continue to be required or desired by Lessee. If, howeverwithin one year of the Closing Date, the any such additional space is identified and requested by Lessee, Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the provide such additional space to Lessee in a manner consistent with the other Leased Premises, at a price no greater than actual cost, and, to the extent applicable, calculated consistently with the formula set forth on Exhibit C.
2.7. With respect to the CMS Room in the Assembly Building, each of Lessor and Lessee shall cooperate with the other Party and take or cause to be leased taken such action as may be reasonably requested by the other Party in order to, among other requirements, institute a security program to restrict access to the CMS Room solely to approved personnel. Notwithstanding anything to the contrary set forth herein, with respect to the CMS Room, Lessor shall retain 81 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 81 square meters to be used as Joint Use Area.
2.8. With respect to the term Work Area in the Gas Warehouse Building, each of that rentalLessor and Lessee shall cooperate with the other Party and take or cause to be taken such action as may be reasonably requested by the other Party in order to, among other requirements, institute a shared space program for the Work Area in the Gas Warehouse Building. Notwithstanding anything to the contrary set forth herein, with respect to the Work Area in the Gas Warehouse Building, Lessor shall retain 162.5 square meters to be used as Joint Use Area, and Lessee shall lease as Leased Premises 162.5 square meters to be used as Joint Use Area.
2.9. 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. Lessor Landlord hereby leases to Lessee and Lessee leases from Lessor Tenant the Premises. Tenant (i) ACCEPTS THE PREMISES "AS-IS," EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS LEASE AND THE WORK LETTER, WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for the term, at the rentalTenant's particular use, and upon (iii) waives all the conditions set forth herein, real property situated claims of defect in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet Premises (excluding latent defects and as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of otherwise expressly provided in this Lease, Lessor receives including the Work Letter) and is willing to accept a bona fide offer from a third party to lease any implied warranty that portion of Lessors building which is adjacent to the Premises (identified are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the mechanical, electrical, plumbing, heating, ventilation and air-conditioning, life-safety or other systems and equipment included in the Base Building Renovation Work in good operating condition on Exhibit "A" the Commencement Date and with the Base Building Renovation Work in compliance with all Applicable Laws, including the ADA, in effect and enforced on the Delivery Date. If a non-compliance with the foregoing exists as "Future Expansion,") then lessor shall of the Commencement Date, Landlord shall, except as otherwise provided in this Lease, promptly deliver after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of rectify same at Landlord’s expense within thirty (30) days within which of such notice. Tenant hereby acknowledges that the area of the Premises set forth in the Basic Lease Information is approximate only, and Tenant accepts and agrees to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of be bound by such figures for all purposes in this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Sources: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)
Premises. Lessor 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Lessee and Lessee leases from Lessor Tenant, the Premises for the termLease Term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use, at the rental, and upon all the conditions no additional charge to Tenant except as set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion Article V of the Lessor's Building #104 herein referred to as the "Building." The PremisesLease, the common and public areas of the Building for ingress and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent 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 (identified 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 Exhibit "A" as "Future Expansion,") then lessor the roof terrace, except in the event of an emergency, Landlord shall promptly deliver endeavor to Lessee a give Tenant advance notice of its intent any such entry and use commercially reasonable efforts to lease minimize disruption to Tenant’s use of such roof terrace during such entry. Landlord shall maintain the Future Expansion Premises. Lessee roof terrace, and Tenant shall have a period 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 terms of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord and delivered to Tenant from time to time, so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the roof terrace is constructed by Tenant in accordance with the terms of this Lease and such roof terrace is in substantially in the eastern portion of the Massachusetts Ave. wing of the Building, then from and after such construction by Tenant and thereafter so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building, Landlord shall use reasonable efforts to locate any additional signs or equipment on the roof in a manner that minimizes interference with the use of such roof terrace, provided that it in no event will Landlord be obligated to (i) expend any material additional amounts in connection with such efforts or (ii) relocate any signs or equipment on the roof of the Building as of the date Tenant commences construction of the rooftop terrace in accordance with the terms of this Lease. Except as may otherwise be expressly provided in this Lease, the lease of the Premises does not include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the Building which are not included within which the Premises. Tenant accepts the Premises “as is”, except for any improvements to exercise be performed by Landlord pursuant to the Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or implied, about the suitability of the Premises for Tenant’s intended use, except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the necessary business licenses and occupancy permit for its right Premises. Landlord and Tenant agree that as of first refusal the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth in Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to lease remeasurement absent a change in the Future Expansion configuration of space in the Building impacting the Premises or Storage Space.
2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall use commercially reasonable efforts to deliver the Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to the extent that less than an entire floor is part of the Premises) is vacated by an existing tenant. Any entry upon the Premises by Tenant before the Premises are tendered by Landlord shall only be with Landlord’s written consent and/or when accompanied by a representative of Landlord or Landlord’s representative (unless otherwise allowed for and addressed in this Lease). Said entry shall be subject to all of the terms and conditions of this Lease, but at a rate as acceptable to no such permitted entry shall change the proposed third party tenant. If, however, Lease Commencement Date or the Lessor has available space in expiration date of the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalTerm.
Appears in 1 contract
Premises. Lessor Landlord does hereby leases lease to Lessee and Lessee leases from Lessor for the term, at the rentalTenant, and upon all the conditions set forth hereinTenant does hereby lease from Landlord, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions herein set forth, the Premises described in Section l(b) hereof as shown on the Plans referenced in Exhibit A-1 attached hereto and incorporated herein. In addition, Tenant shall also have the aforementioned parking rights and rights of ingress and egress over common areas in the Building and the land ("Land") more particularly described on Exhibit A attached hereto, together with the right to use the large green "Commons" area in the center of the campus of which the Land is a part. All of Tenant's rights in and over the Land and the Commons shall be subject to the provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith ("REA"), a copy of which Tenant acknowledges having had the opportunity to review. Landlord does not own the Building and Land but leases them pursuant to that certain Tower, and Adjacent Property Lease dated August 26, 1998 (the "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as landlord and Landlord as tenant. This lease is therefore actually a sublease and subject and subordinate to all of the terms and conditions of the Ground Lease. For convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease shall modify or excuse Landlord's obligations to Tenant under this Lease. Landlord shall cause to be executed, concurrent with full execution of this Lease, but at an agreement by PMC acknowledging that this Lease is in compliance with all requirements of the Ground Lease, and agreeing that, in the event the Ground Lease is terminated for any reason, this Lease shall become a rate as acceptable direct lease between Tenant and PMC without further action by either party, and provided only that PMC shall not be liable for (i) any claims against the Landlord under this Lease accruing prior to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in date this Lease Agreementbecomes a direct lease between Tenant and PMC, or (ii) any initial construction or allowance obligations under this Lease. In either case"Net rentable square feet", the parties hereto "rentable area", and similar terms used herein when applied to future calculations or adjustments shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalmean "Rentable Area" as defined in BOMA American National Standard Z6.1-1996.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Premises. Lessor hereby leases 1. The Premises is to Lessee be approximately 35,000 square feet located on the first, second and Lessee leases from Lessor third floor of the Rail Station Building, which includes hold rooms, ticket counters and back office, approximately 3,000 square feet on the first, second and third floor for baggage operations, and approximately 83,500 square feet of Platform on the second floor, all of which is more specifically depicted on Exhibit “B.”
2. As of the Effective Date, the Premises depicted on Exhibit “B” is conceptual. Upon completion of the design for the termRail Station Building (which shall be accomplished by the parties working together in good faith acting reasonably and as contemplated in Section 5.01 below), at the rentalparties agree to substitute a revised Exhibit “B” to depict the Premises that will be constructed. Any changes to the Premises, and upon all the conditions except as set forth herein, real property situated shall be evidenced by an amendment to this Agreement.
3. The Authority hereby leases and demises to Rail Company and Rail Company agrees to lease and accept from the Authority, the Premises. Upon Substantial Completion of the Rail Station Building, Rail Company shall accept the Premises “as is”, generally in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at same condition in which such space or any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. Ifpart thereof will be provided, however, the Lessor has available space Authority shall assign any warranties on the construction, materials, equipment and other personal property incorporated into the Rail Station Building which are applicable thereto or shall cooperate with Rail Company in order to make claims as necessary under any such warranties. Rail Company agrees that the Future Expansion PremisesAuthority shall have no obligation to do any work on, but has not received a bona fide offer from a third party or make any improvements to lease said Premises, Lessee may lease that space in addition or with respect to the Premises described hereinor the condition thereof, unless otherwise specifically agreed to by the Authority.
4. The Authority may, in its reasonable discretion, (i) make changes in the Airport boundaries, the categories of space (e.g. Public Space to rentable space) or the configuration or amount of space (but not the Premises unless agreed to by Rail Company), and (ii) identify new, destroyed, demolished, untenable, decommissioned or re-commissioned facilities or space. In that caseany such event, or upon any change in Premises made hereunder or to the premises leased by any other party, the lease Authority may amend Exhibits “A” and/or “B”, as appropriate, and, upon notice to Rail Company, such amended Exhibit shall replace any previous corresponding exhibits and shall become a part of this Agreement; provided, however, that Future Expansion Premises Rail Company’s Rail Transportation Business shall not be adversely affected in any material respect by any such changes.
5. Rail Company and the Authority agree that it is important to maximize the efficiency of space leased and used in the Rail Station Building, while also adhering to reasonable standards and levels of customer service for the traveling public. Throughout the Term of this Agreement, Rail Company and the Authority will continue to monitor and evaluate operations in an effort to achieve a reasonable balance between efficient railroad operations and level of customer service for the traveling public. Should the Authority notify Rail Company of its concern with regards to potential customer service issues, Rail Company agrees to discuss with the Authority, and take reasonable action to address and alleviate, the customer service issues. The Authority acknowledges and agrees that on or before Rail Company commences its Rail Transportation Business, it shall cause (i) rental car facilities to be open and operating on the Airport, (ii) completion of the APM, and (iii) all access roads in order for the Rail Station Building to have legal ingress and egress to have been completed.
6. Rail Company may satisfy temporary or seasonal needs for additional space within the Rail Station Building (i.e. a change in demand for space expected to be temporary caused by unusual or special circumstances) through the use of a Space/Use Agreement. Rental rates payable by Rail Company under the Space/Use Agreement for additional space within the Rail Station Building shall be at the same rental and governed by the same terms and conditions as outlined in per square foot rent herein effect under this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and At any time during the term of any Space/Use Agreement, Rail Company may request that rentalthe space leased thereunder be added to this Agreement. The Authority may approve or deny this request in its reasonable discretion. If the Rail Company requests additional space outside the Rail Station it shall be handled in the same manner with applicable rent to be agreed upon between the parties.
Appears in 1 contract
Sources: Premises Lease and Use Agreement (Virgin Trains USA LLC)
Premises. Lessor Landlord and Tenant each hereby leases approve the matters described in Exhibit B to Lessee this First Amendment. Upon execution and Lessee leases from Lessor delivery of this First Amendment by both Landlord and Tenant, Landlord shall, at Landlord's sole cost and expense, commence to perform the work and improvements described in Exhibit B to this First Amendment using building standard materials and work ("Landlord's Work"), which work shall be performed in the time and manner hereinafter set forth. To the extent necessary for the termprompt and efficient completion of Landlord's Work, at Tenant hereby grants Landlord the rentalright of access to, upon, over and upon all through the conditions set forth herein, real property situated Original Premises in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred order for Landlord to as the "Premises,") including rights to common areas as hereinafter specifiedperform Landlord's Work. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If Such access may be made at any time during any term and from time to time in Landlord's discretion provided that Landlord shall give Tenant advance oral or renewal term written notice of this Lease, Lessor receives the days and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent times Landlord shall require access to the Original Premises (identified on Exhibit "A" as "Future Expansion,") then lessor for the purposes stated herein. Tenant here by acknowledges that work of the type and scope of Landlord's Work may result in temporary shut-down of work and electrical service and other services in the Original Premises. In exercising Landlord's right to access the Original Premises and to perform Landlord's Work under this Para▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇▇▇ll use good faith efforts to avoid unreasonable interference with Tenant's use of the Original Premises. Landlord shall promptly deliver to Lessee a provide Tenant with advance notice of its intent the shut down, if any, of services or utilities in connection with performing Landlord's Work and shall use good faith efforts to promptly reinstate any service so curtailed or suspended. Tenant hereby acknowledges that it has inspected the 1st Amendment Space and the common areas of the Building and, except for the Landlord's Work, has agreed to lease the Future Expansion 1st Amendment space in its current "as is, where is" condition with all faults and without representation or warranty by Landlord of any kind. Prior to Tenant taking occupancy of the Premises, Tenant shall provide Landlord with a punch-list detailing (a) those aspects of Landlord's Work which are not then completed and (b) any defects in workmanship or materials with respect to Landlord's Work. Lessee The Landlord's Work shall be deemed approved by Tenant when Tenant commences occupancy of the 1st Amendment Space for the Permitted Use, except for items which are then not completed or do not conform to specifications described in Exhibit B to this First Amendment and as to which Tenant shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable given Landlord written notice prior to the proposed third party tenant. If, however, date which is 30 days after the Lessor has available space in date Tenant shall occupy the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to 1st Amendment Space for the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPermitted Uses.
Appears in 1 contract
Premises. Lessor (a) ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇nd Tenant hereby leases to Lessee from Landlord that certain space (herein called "Premises"), containing approximately the area set forth in Section 1(g) of this Lease. The location and Lessee leases from Lessor for dimensions of said Premises are delineated and cross-batched on the termsite plan attached hereto as Exhibit "A". Said Premises are located in the City of Pacifica, County of San Mateo, State of California, and are part of the Shopping Center (the "Shopping Center") commonly known as Eureka Square Shopping Center, at the rentalnortheast corner of Oceana Boulevard and Eureka Drive in Pacifica, California, as legally described in Exhibit "B." Copies of the aforesaid Exhibits "A" and "B" are attached hereto, incorporated herein, and upon all by this reference made a part of this Lease. Landlord makes no representation or warranties of any kind or nature as to the conditions set forth hereinsize, real property situated in location, or time of construction of any of the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined structures (other than the Premises) shown on the attached Exhibit "A," (herein referred to as ". It is understood and agreed upon that the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion depiction of the Lessor's Building #104 herein referred to as the "Building." The PremisesShopping Center, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term location of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified in the Shopping Center as shown on Exhibit "A" as "Future Expansion,") then lessor hereof, are subject to change. Any such change shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of not invalidate this Lease, but at a rate as acceptable to and the proposed third party tenant. If, however, depiction and location of the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be deemed to have been expressly modified and amended herein in accordance with such changes.
(b) Landlord hereby reserves the right at any time, and from lime to time to make alterations or additions to the same rental Premises, to build additional stores on the building in which the Premises are contained, and governed by to build adjoining the same terms same, and conditions as outlined to install, maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through, under and over the Premises, in this Lease Agreement. In either caselocations serving other parts of the Shopping Center, the parties hereto shall enter into an amendment from time to this Lease Agreement describing the time, to make alterations thereof or additions thereto, to build additional space stores on any such building or buildings, to be leased build adjoining same, and the term of that rentalto construct doubledeck, subterranean or elevated parking facilities.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Premises. Lessor hereby leases (a) Tenant has requested and Landlord has agreed to Lessee an expansion of the Premises (collectively, the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building known as Suite 200, and Lessee leases from Lessor (ii) approximately 2,863 rentable square feet known as Suite 30 in the building known as the Receiving Room. A floor plan of the Expansion Space is attached hereto and made a part hereof as Exhibit A.
(b) The term of the Lease for the termExpansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the City of Durham and certification of substantial completion by the Architect), at which it is estimated shall occur on September 1, 2015 (the rental"Expansion Commencement Date"), and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined shall terminate on the attached Exhibit "A," (herein referred to as revised Termination Date. On the Expansion Commencement Date, the term "Premises," under the Lease shall include the Expansion Premises, and the term ") including rights Building" shall be deemed to common areas as hereinafter specifiedinclude the Receiving Room Building. The Premises are Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Lessor's Building #104 herein referred to as Expansion Space (the "Building." The Early Portion") may be occupied by Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined herein) and for such occupancy, Tenant shall pay an equitable portion of the Base Rent based upon the then current rate for the Premises, and any other charges for the Building Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in good faith to determine such charges based on the square footage of the Early Portion and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as number of days Tenant occupies the "Presto Facility." If at any time during any term or renewal term Early Portion for the conduct of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent its business prior to the Premises actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (identified on Exhibit "A" as "Future Expansion,"defined herein).
(c) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises Effective upon the terms and conditions Expansion Commencement Date, Tenant's Proportionate Share of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises D▇▇▇▇▇▇ A Warehouse Building shall be at 32.32431 percent, Tenant’s Proportionate Share of the same rental Receiving Room / Prizery Building shall be 8.41119 percent, and governed by Tenant’s Proportionate Share of the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto Project shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental22.82741 percent.
Appears in 1 contract
Premises. Lessor hereby leases to Lessee Except for dumpsters, neither trash nor any other material or thing shall be stored outside the Premises and Lessee leases from Lessor for the termstorage in, at the rentalor use of, above-ground storage tanks is prohibited. Tenant may maintain storage trailers and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined other similar storage facilities (excluding tanks) on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along provided such facilities comply with all other buildings and improvements, are herein collectively referred applicable laws. In the event the Tenant fails to as the "Presto Facility." If at comply with any time during any term or renewal term terms of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of paragraph within thirty (30) days within written notice of said violation(s), then Landlord shall, following telephonic notice to Tenant, undertake such steps which are necessary to exercise rectify the violation(s) with Tenant being liable for all cost thereof, including any penalty or fine(s) associated with said violation(s) and any expenses incurred by Landlord to enforce this provision, whether court costs, attorneys' fees or any other cost of collection and enforcement. Tenant shall not be responsible for correcting conditions on the Premises necessary to comply with the Americans With Disabilities Act ("ADA") or laws relating to health, safety or the environment if such conditions existed as of the Commencement Date of the Lease and were then not in compliance with ADA or laws relating to health, safety or the environment; rather, Landlord shall correct such conditions and be obligated to bring the Premises into compliance with such laws at its right sole cost and expense. If the conditions did not exist as of first refusal to lease the Future Expansion Premises upon Commencement Date of the terms and conditions of this LeaseLease or did exist, but were then in compliance with laws relating to health, safety or the environment (excluding ADA), Landlord shall nevertheless correct such conditions and be obligated to bring the Premises into compliance with such laws at a rate its sole cost and expense, but may treat such expenses as acceptable "Operating Expenses," to the proposed third party tenant. Ifbe passed through to Tenant, provided however, that the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease cost of that Future Expansion Premises correction of such conditions shall be amortized over the useful life thereof, together with interest at the same rental actual interest rate incurred by Landlord in connection with such cost of correction, and governed only that portion attributable to any one Lease year shall be chargeable to Tenant as an Operating Expense in that Lease year, and payable by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into Tenant within thirty (30) days of receiving an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalinvoice therefor.
Appears in 1 contract
Sources: Lease Agreement (Mapquest Com Inc)
Premises. 3.1 Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rentalTenant, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Tenant hereby rents from Lessor's Building #104 herein referred to as the "Building." The Premises, the Building Premises as defined in Section 2.3, including all Improvements, as herein defined, and together with all appurtenances, including use with others of the Common Areas, along as hereinafter defined, to have and to hold unto Tenant for and during the term hereinafter set forth.
3.2 Lessor reserves the sole and exclusive right, from time to time, to change the Shopping Center/Business Park in any way it may desire, including, but not limited to, construction of additions, removal of building or parts of building and alteration of Common Areas.
3.3 Lessor reserves the sole and exclusive right to use all or any part of the roof of the Premises for any purpose; to erect additional stories or other structures over all or any part of the Premises; to erect in connection with the construction thereof temporary scaffolds and other aids to construction on the exterior of the Premises, provided that access to the premises shall not be denied; to install, maintain, use repair and repair within the Premises pipes, ducts, conduits, wires and all other buildings mechanical equipment servicing other parts of the Shopping Center/Business Park, the same to be in locations within the Premises as will not deny Tenant’s use thereof; and improvementsto make any use it desires of the side or rear walls of the Premises, are herein collectively referred provided that such use shall not encroach on the interior of the Premises.
3.4 The Premises have been inspected by Tenant, and Tenant agrees to accept the same in their present “as is” condition, with the "Presto Facility." If at any time during any term or renewal term exceptions noted in Section 3.6 below, and in the condition in which the Premises may be on the commencement date of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease with the understanding that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver will be subject to Lessee a notice ordinary wear and tear from the date hereof until commencement of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalterm.
Appears in 1 contract
Premises. Lessor hereby (a) The District leases the Premises from Landlord and Landlord demises the Premises to Lessee and Lessee leases from Lessor the District for the termterm and upon the conditions and covenants set forth in this Lease. The Parties hereby acknowledge that as of the Lease Commencement Date this Lease is a sublease, at as Landlord leases the rentalLand (along with additional property) from ▇▇▇▇▇ Properties Limited Partnership, a District of Columbia limited partnership (“Ground Lessor”) under that certain Deed of Lease, by and between Ground Lessor and Landlord, dated as of August 21, 2018 (as amended, the “Ground Lease”). As such, references hereunder to “lease”, “landlord” and “tenant” shall be deemed to mean “sublease”, “sublessor” and “subtenant”, respectively, as applicable, unless context dictates otherwise. Landlord shall cause a final measurement of the Premises and of the Building to be taken upon Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements, as set forth in the Work Exhibit. Such final measurements shall be: (i) set forth on the Declaration of Delivery, (ii) determined based on the actual measurement of the Project Architect, (iii) in accordance with the BOMA Measurement Standard, and upon (iv) subject to approval by the District.
(b) In connection with the Ground Lease, Landlord hereby represents and warrants (and covenants, where applicable) to the District that: (i) as of the Lease Commencement Date and at all times during the Lease Term, Landlord’s execution of, and performance under, this Lease is permitted under the Ground Lease; (ii) any consents that are required to be obtained from any third party to permit Landlord to enter into this Lease have been obtained; (iii) the term of the Ground Lease does not expire until after the expiration of the Lease Term; (iv) during the Lease Term, Landlord shall not (x) terminate the Ground Lease, or (y) cancel or otherwise amend the Ground Lease to shorten its term; and (v) the terms and conditions of the Ground Lease are not incorporated herein. In addition to (and not in lieu of) any other indemnification or remedy set forth hereinin this Lease, real property situated Landlord shall and does hereby indemnify, defend, and hold the District harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claim alleging or arising out of a breach of any representation, warranty or covenant set forth in this Section 1.1(b). This Section 1.1(b) shall survive the expiration or early termination of this Lease.
1.2 Landlord hereby grants to the District and its Agents, employees, licensees and invitees the exclusive right to use the Common Areas in the County Building (excluding sidewalks, driveways, freight elevators, the passenger elevator(s) serving the Parking Facility and ground floor, the Parking Facility, common entrances, non-private lobbies, the loading dock and internal non-public freight access to the loading dock, all of Chippewawhich the District shall have a non-exclusive right to use), State in accordance with the terms of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedthis Lease. The Premises are a portion District and its Agents, employees, licensees and invitees shall have access and rights of ingress and egress to the Lessor's Building #104 herein referred to as Building, the "Building." The Premises, the Building and the Common Areas, along the ▇▇ 167835565v6 PARKING FACILITY and the All Access Additional Area Parking Spaces (as defined in, and subject to the terms of Section 2 hereof) 24-hours each day of the Lease Term (including elevator service).
1.3 Landlord shall deliver the Premises to the District at such time as all of the Landlord’s Base Building Work and the Tenant Improvements are Substantially Complete, as hereinafter provided. Landlord hereby represents, warrants, and covenants that, as of the Rent Commencement Date, the Property and the Building will comply with Laws subject to any “grandfathering” provisions, and that the Premises, including without limitation all HVAC, plumbing, electrical and other mechanical systems, shall be in good working order and condition. Following the Rent Commencement Date, Landlord shall be responsible for complying with all other buildings Laws pertaining to the Building, Common Areas, Base Building Conditions, and improvementsBuilding Structures and Systems, including any required changes to the Building (but not the Premises), at Landlord’s sole cost and expense (meaning that such costs and expenses are herein collectively referred already included in Annual Rental and shall not be billed as Additional Rent). Following the Rent Commencement Date, Landlord shall cause all such future changes, additions and/or work to the Building, Common Areas, Base Building Conditions or Building Structures and Systems: (i) to the extent commercially reasonable, to be performed after Building Hours, unless such change, addition and/or work (w) does not interfere in any material, adverse manner with the District’s use and enjoyment of the Premises, as determined by the "Presto Facility." If at District in the District’s sole but reasonable discretion, (x) resulted from THE ACTS OR OMISSIONS OF THE DISTRICT OR ANY OF THE DISTRICT’S AGENTS, (Y) IS REQUIRED BECAUSE OF AN EMERGENCY OR (Z) INVOLVES THE BUILD-OUT OF ANY PORTION OF THE BUILDING LEASED BY OTHER NON-OFFICE TENANTS; AND (II) if such change, addition and/or work is in the Premises, to be behind walls or above ceilings. Landlord shall: (A) restore the Premises to substantially the same condition and finish as existed immediately prior to any time such change, addition and/or work if such change, addition and/or work resulted in any material change to the condition of the Premises not required by Laws; (B) use commercially reasonable efforts to minimize disruption to the District’s operations during any term such change, addition and/or work; and (C) ensure that the District has reasonable access to, and ingress and egress from, the Building, the Premises, the Parking Facility and the Additional Parking Areas during any such change, addition and/or work. Notwithstanding the foregoing, Landlord shall not be responsible for any non-compliance of the Premises with Laws that is solely attributable to the District’s use or renewal term occupancy of this Lease, Lessor receives the Premises (including Alterations in and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,"by the District) then lessor throughout the Lease Term. If the District elects to use the Premises in a way that necessitates changes or additions to the Premises in order to comply with Laws solely due to the District’s specific use or occupancy of the Premises, the District shall promptly deliver either cease such use or be responsible for those changes or additions, subject to Lessee a notice the certification of its intent the availability of appropriated funds for such purpose.
1.4 Subject to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this LeaseLease (including but not limited to Landlord’s Substantial Completion of the Base Building Work and the Tenant Improvements), but at a rate as acceptable Landlord ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ SHALL DELIVER THE PREMISES TO THE DISTRICT AND THE DISTRICT SHALL ACCEPT THE PREMISES, BUILDING AND LAND IN ITS “AS-IS” CONDITION, AND IN ACCORDANCE WITH THE TERMS OF THIS LEASE (including without limitation that Landlord shall deliver the Premises to the proposed third party tenantDistrict pursuant to the terms of the Work Exhibit). If, howeverThe Parties acknowledge that the Premises will initially be occupied by the District of Columbia Department of General Services.
1.5 In addition to the Premises, the Lessor has available District hereby exclusively leases from Landlord 300 rentable square feet of space in the Future Expansion PremisesParking Facility for an MDF (such space, but has not received the “MDF Room”), the location of which shall reasonably be agreed upon by Landlord and the District. The District shall pay an annual rent of Fifteen Dollars ($15.00) per rentable square foot for the MDF Room for the first Lease Year, payable on a bona fide offer from a third party monthly basis as Additional Rent, which shall be paid in arrears together with Annual Rental. Commencing on the first day of the second Lease Year and on the first day of each subsequent Lease Year thereafter during the Term, the then current rental rate for the MDF Room shall escalate by an amount equal to lease said Premises2.75% of the rental rate for the immediately preceding Lease Year. As part of the Tenant Improvements, Lessee may lease that space in addition and subject and pursuant to the Premises described hereinterms of the Work Exhibit, Landlord shall (i) purchase and install equipment in the MDF Room pursuant to specifications provided by the District (the “MDF Equipment”); (ii) purchase and install a supplemental HVAC unit for the MDF Room pursuant to specifications provided by the District (the “MDF Supplemental HVAC Unit”); and (iii) have the MDF Room separately metered for electricity (the “MDF Sub-Meter”) for the MDF EQUIPMENT AND THE MDF SUPPLEMENTAL HVAC UNIT (THE FOREGOING ITEMS (I) THROUGH (III) BEING, COLLECTIVELY, THE “MDF WORK”). In The Parties acknowledge and agree that casethe MDF Work shall be paid from the Tenant Improvement Allowance pursuant to the terms of this Lease and the Work Exhibit. Landlord shall procure a separate electrical utility account for the MDF Sub-Meter, and shall not be responsible for payments for such separate account. Landlord shall be responsible for the maintenance and repair of the MDF Room, at its own cost, provided that if any defect or damage to the MDF Room arises from District Negligence the District shall be responsible for the same, pursuant to and in accordance with the terms of Section 9.1 hereof. Subject to Section 15.1, the lease of that Future Expansion Premises District shall be at responsible for the same rental maintenance and governed by repair of the same MDF Equipment. Landlord shall be responsible for the maintenance and repair of the MDF Supplemental HVAC Unit pursuant and subject to the terms and conditions as outlined in this Lease Agreementof Section 9.6 hereof. In either caseFor the avoidance of doubt, the parties hereto MDF Room shall enter into an amendment to this Lease Agreement describing not constitute a portion of the additional space to be leased Premises and the term rentable square footage of that rentalthe MDF Room shall not be included for purposes of determining Annual Rental or the District’s Proportionate Share.
Appears in 1 contract
Premises. Lessor Landlord does hereby leases to Lessee demise and Lessee leases let unto Tenant and Tenant does hereby lease and take from Lessor Landlord for the term, at the rental, term and upon all the terms, covenants, conditions and provisions set forth hereinherein all that tract of land located at Ashley ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, real property situated in the County of Chippewa▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, State of Wisconsin▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, consisting of 58,725 square feet as outlined on the attached Exhibit "A," ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (herein referred to as called the "Premises,Lot") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified outlined in red on Exhibit "A" as hereto, together with the building (herein called the "Future Expansion,Building") then lessor and improvements to be constructed thereon in accordance with Article 2 hereof and the benefit of all rights, appurtenances, privileges, easements, rights of ingress or egress, licenses or hereditaments now or hereafter belonging or appertaining to any of the foregoing (the Lot, the Building, such benefits and any other improvements thereon being herein collectively called the "Premises"). Tenant acknowledges that Landlord does not own the Lot as of the date hereof but is a contract vendee for the purchase of the Lot. Landlord represents and warrants that it has valid and enforceable contract rights to purchase the Lot. Landlord's obligations hereunder are contingent upon Landlord's obtaining title to the Lot on or before June 15, 1999. If Landlord has not obtained title to the Lot on or before June 15, 1999, both Landlord and Tenant shall promptly deliver have the right to Lessee terminate this Agreement by written notice, and upon such termination neither party shall have any further obligations to each other whatsoever except that Landlord shall return to Tenant any security deposit held by Landlord in connection herewith and shall take all necessary action to cause the Letter of Credit required by Section 31 of this Lease to be terminated. In the event that Tenant requests Landlord to make application for a notice Fee in Lieu of its intent Property Tax as described in Section 6 hereof, it is understood and agreed that Landlord may be required to convey title to all or part of the Premises to Berkeley County, South Carolina in which event Landlord shall lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer or such part thereof, from Berkeley County and this Lease shall automatically be converted from a third party lease to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental a sublease between Landlord and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalTenant.
Appears in 1 contract
Premises. Lessor Sublandlord hereby leases subleases to Lessee and Lessee leases from Lessor for Subtenant the term, at the rentalPremises, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to Subtenant hereby subleases the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver from Sublandlord, pursuant to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to Sublease. Subtenant shall accept the proposed third party tenant. If, however, the Lessor has available space Premises in the Future Expansion Premisescondition and state of repair on the Commencement Date (defined in Section 3 below) in its “AS IS” and “WHERE IS” condition. This shall not be deemed to waive Master Landlord’s repair obligations set forth in Section 13 of the Master Lease. Except as otherwise provided in this Sublease, but Subtenant expressly acknowledges and agrees that Sublandlord has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition made no representations or warranties with respect to the Premises described hereinand that Sublandlord shall not have any obligation to perform any work to prepare the Premises for Subtenant’s use and occupancy. In By taking possession of the Premises, Subtenant is deemed to have accepted the Premises and agreed that casethe Premises is in good order and satisfactory condition, with no representation or warranty by Sublandlord as to the condition of the Premises or the suitability thereof for Subtenant’s use except as otherwise expressly provided in this Sublease. The “Rentable Area of the Premises” is approximately 69,265 rentable square feet, consisting of 56,489 rentable square feet with respect to the Base Premises and 12,776 rentable square feet with respect to Suite 600. Sublandlord and Subtenant hereby acknowledge and agree that the Rentable Area of the Premises shall not be subject to remeasurement or adjustment, nor shall Base Sublease Rent or Extension Term Rent under this Sublease be subject to modification if the actual size of the Premises differs from the Rentable Area of the Premises set forth in this Section. Subtenant shall have, as appurtenant to the Premises and without additional charge or cost, rights to use in common with others entitled thereto Sublandlord’s rights in Common Areas (including, without limitation, the lease parking areas and Storage Area) as set forth in the Master Lease, all in accordance with the terms of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalMaster Lease.
Appears in 1 contract
Premises. Lessor 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 red on Exhibit A attached hereto and 18,048 rentable square feet, including corridors being situated on the 2ND/3RD floor(s) of that certain building known as 1100 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (▇▇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 Lessee and Lessee leases from Lessor for the termterms, at the rentalcovenants, and upon all the conditions herein set forth herein, real property situated in and the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet Tenant covenants as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion material part of the Lessor's Building #104 herein referred consideration for this Lease to as 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 "Building." The Premisescondition of said performance. For the purposes of maintaining an economical and proper distribution of tenants throughout the Office Park which is acceptable to Landlord, Landlord shall have the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred right from time to as the "Presto Facility." If at any time during any term or renewal the term of this LeaseLease to relocate the Premises in the Office Park; provided, Lessor receives however, (i) that the rentable and is willing to accept a bona fide offer from a third party to lease that portion usable areas of Lessors building which is adjacent the new location in the Office Park are of equal size to the Premises (identified on Exhibit "A" as "Future Expansion,"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 lessor prevailing rental for the new location is less than the amount of Basic Rent being paid for the Premises, the Basic Rent shall promptly 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 without limitation the costs of moving, door lettering, telephone relocation, and reasonable quantities of new stationery. Landlord shall deliver to Lessee a Tenant written notice of its intent Landlord's election to lease relocate the Future Expansion Premises. Lessee shall have a period , specifying the new location and the amount of Basic Rent payable therefor at least thirty (30) days within which prior to exercise its right the date that the relocation is to be effective. If the relocation of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as is not acceptable to Tenant, Tenant, for a period of ten (10) days after receipt of Landlord's notice to relocate, shall have the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party right by delivering written notice to lease said Premises, Lessee may lease that space in addition Landlord to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in terminate this Lease Agreement. In either case, effective thirty (30) days after the parties hereto shall enter into an amendment delivery of such written notice to this Lease Agreement describing the additional space to be leased and the term of that rentalLandlord.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Premises. Lessor hereby leases Subject to Lessee the terms and Lessee leases conditions hereof, Landlord does demise unto Tenant and Tenant does take from Lessor Landlord for the termTerm the Demised Premises, at the rentaltogether with reasonable rights of access, ingress and egress, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to joint use of such parking areas, driveways, sidewalks and other common areas as hereinafter specifiedLandlord shall provide from time to time, which rights shall be in common with Landlord and others claiming under Landlord and shall be to use such area only for the purposes designated by Landlord. The Landlord hereby reserves the right at any time to make alterations or additions to and to build additional stories on the building in which the Demised Premises are contained and to build adjoining the same. Landlord also reserves the right to (i) construct other buildings or improvements in the Shopping Center of which the Demised Premises are a portion part from time to time and to make alterations thereof or additions thereon and to demolish any of such building or buildings and to build adjoining the Lessor's Building #104 herein referred to as same (ii) alter the "Building." The Premiseslocation of, or otherwise modify, the Building parking areas, driveways and other common areas, (iii) add additional real property to the Shopping Center, and (iv) construct double-decks or elevated parking facilities. Tenant shall have a license to use any and all appurtenances and easements benefiting the Premises and the Common AreasShopping Center, along with all other buildings sufficient Common Areas and improvementsParking to support its intended use of the Demised Premises. Any changes, are herein collectively referred to as the "Presto Facility." If at any time during any term additions or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent alterations to the Demised Premises or the Shopping Center shall not (identified on Exhibit "A" as "Future Expansiona) significantly impair access to, visibility of, or frontage of the Demised Premises, (b) materially affect the conduct of Tenant's business therein, or (c) significantly detract from Tenant's signage, create confusion regarding the business conducted in the Demised Premises, or significantly adversely affect the presentation of Tenant's exterior signage and frontage. In the event of any such interference by Landlord, its agents or employees, Tenant shall give Landlord written notice thereof,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee Landlord shall have a period of thirty twenty-four hours to diligently proceed to cure as soon as practicable thereafter any such interference. If such interference continues for a period of more than three (303) days within which to exercise its right of first refusal to lease after the Future Expansion Premises upon day Tenant gives Landlord such notice, and the terms interference is material, in Tenant's reasonable business opinion, then all Rent and conditions other charges payable under this Lease shall be abated for the period until such interference has been cured by Landlord. For the purposes of this Leaseparagraph, but the construction of a free standing building situated at ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall not be deemed a rate as acceptable significant impairment of visibility to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Demised Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.
Appears in 1 contract
Premises. Lessor hereby leases (a) For and in consideration of the rent to Lessee be paid and Lessee leases from Lessor for the termcovenants to be performed by Tenant under this lease, at Landlord agrees to lease the rentalPremises to the Tenant, and upon all the Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth hereinin this lease. Except as expressly set forth in this Lease, real property situated “the Premises” is described as Space Number Seven (7) on Citizens Dock (“the Dock”) in the County of ChippewaDel Norte, State of WisconsinCalifornia, consisting more particularly illustrated in Exhibit “A”, attached hereto and incorporated by this reference and two (2) freezer spaces. Tenant shall have the right to place two hoists within each space of 58,725 square feet as outlined the Premises. Tenant shall have the exclusive right to possession of the space taken up on the attached Dock by the base of Tenant’s hoist, any office space located within the Premises, 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," (herein referred A is prohibited. As to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion remainder of the Lessor's Building #104 herein referred to as the "Building." The Premises, for the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives Landlord grants Tenant and is willing its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all others to accept a bona fide offer from a third party whom Landlord has or may grant the right, to lease use the Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that portion govern the use of Lessors building which is adjacent to the Common Areas. ''Common Areas'' means the space within the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver excepting those areas to Lessee a notice of its intent to lease which Tenant is granted the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its exclusive right of first refusal possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the nonexclusive right to lease the Future Expansion Premises upon the terms and conditions of this Leaseuse in common with Landlord, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space other tenants in the Future Expansion Premisesharbor and their employees and invitees, but has not received a bona fide offer from a third party to lease said PremisesLandlord’s common entrances, Lessee may lease that space restrooms, parking lot and similar areas and facilities in addition to the vicinity of the Premises described hereinthat are not leased to other tenants, subject to Landlord’s regulation of those facilities. In that case, Tenant shall not store anything off the lease of that Future Expansion Premises on Landlord’s property.
(b) All vehicles using the parking lots shall be at operable and removed from the same rental harbor’s parking lots and governed by other areas on a daily basis. Vehicles longer than twenty-three feet shall not be allowed in the same terms harbor unless they are conducting transient loading and conditions unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as outlined a “Truck.” All Trucks that are doing any business with Tenant shall be on the 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 Dock and the entrance of the Dock excepting the unloading area below the fuel dock.
(c) The rights of Tenant under this Lease Agreement. In either caseare subject to and subordinate to any general obligation, bond, Certificate of Participation, loan or other indebtedness of the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalLandlord now in existence or hereafter created.
Appears in 1 contract
Sources: Hoist Space Lease
Premises. 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 and Lessee leases from Lessor for the term, at the rentalLeased Premises, and upon all grants the conditions set forth herein, real property situated in right to use the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion Common Areas of the Lessor's Building #104 herein referred to as Leased Buildings, including the "Building." The Premises, the Building Special Common Areas for Lessee’s use and the right to use the Common AreasAreas of the Lessor Complex, along with all other buildings and improvements, are herein collectively referred the right to as use the "Presto Facility." If at any time during any term or renewal term Joint Use Areas of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises 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 LeaseAgreement by Lessee, but at and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a rate as acceptable right (i) to the proposed third party tenant. Ifaccess and ingress to, howeverand egress from, the Lessor has 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, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares 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 applicable Rules and Regulations. Lessor represents that all of such portions of the Lessor Complex are available space for use by Lessee for the purpose of using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the Future Expansion Premisesrights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space 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 described herein. In that caseacts of Lessor, or any other party claiming an interest in the lease Lessor Complex against Lessor and (b) to reduce the rights granted by Lessee to Lessor under Section 2.2 of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this 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 either caseaddition, Lessor hereby grants to Lessee a right to register the parties hereto shall enter into an amendment lease and rights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (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 this submit a joint application to re-register the Lease Agreement describing the additional space Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be leased 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 term of that rental.Leased
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. Lessor Effective as of May 1, 2004 ("Effective Date"), Article 1.01 of the Lease is hereby leases to Lessee amended such that the space as shown on Exhibit A-1 attached hereto and Lessee leases from Lessor hereby incorporated herein and made a part hereof, which all parties hereto agree that for all purposes of the term, at the rental, and upon all the conditions set forth herein, real property situated in the County Lease consists of Chippewa, State of Wisconsin, consisting of 58,725 approximately 21,487 rentable square feet as outlined located on the attached Exhibit "third floor of Building A," (herein , is hereby substituted as the Demised Premises and shall be referred to as the "Demised Premises," in the Lease and this Amendment as of the Effective Date. Landlord shall deliver such substituted Demised Premises broom clean and furnished with furniture similar to that in the Existing Demised Premises (as hereinafter defined), subject to Tenant's reasonable approval. As of the Effective Date such furniture shall be deemed the "Furniture" as such term is used in the Lease and as more particularly shown in Exhibit B-2, attached hereto and made a part hereof (all at Landlord's sole cost). Tenant shall surrender the space it currently occupies (the "Existing Demised Premises") including rights in broom clean condition, together with the Furniture provided to common areas as hereinafter specifiedTenant by Landlord during the Term prior to this Amendment, with all of Tenant's personal possessions removed, and any damage caused by such removal shall be repaired (all at Tenant's sole cost) pursuant to the terms of Article 10 of the Lease. The parties acknowledge that, in connection with such surrender, no Alteration removal nor restoration work is required to be performed by Tenant in the Existing Demised Premises are a portion pursuant to Section 9.02 of the LessorLease. Subject to such surrender, Tenant's Building #104 herein referred obligation to pay Base Rent, Additional Rent, and Electricity Costs on the Existing Demised Premises shall cease as of the "Building." The PremisesEffective Date, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent except to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall extent such obligations have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms been incurred and conditions of this Lease, but at a rate as acceptable not satisfied prior to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalEffective Date.
Appears in 1 contract
Sources: Lease Amendment and Attornment Agreement (Penwest Pharmaceuticals Co)
Premises. Lessor As of the Expansion Premises Commencement Date (as defined in Section 7(a) below), Landlord hereby leases to Lessee and Lessee leases from Lessor for the term, at the rentalTenant, and upon Tenant hereby accepts, the Expansion Premises, subject to and with the benefit of the terms, covenants, conditions, and provisions of the Lease, and the lease of the Expansion Premises by Tenant shall be on all of the conditions set forth hereinterms, real property situated in covenants and provisions of the County of ChippewaExisting Lease, State of Wisconsin, consisting of 58,725 square feet except as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specifiedmodified by this Amendment. The anticipated Expansion Premises are a portion of Commencement Date is estimated to be May 15, 2019 (the Lessor's Building #104 herein referred “Target Expansion Premises Commencement Date”). From and after the Expansion Premises Commencement Date, all references to as the "Building." The “Premises, the Building ” in this Amendment and the Common Areas, along with all other buildings and improvements, are herein collectively referred Lease shall be deemed to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent refer to the Existing Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease and the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which Landlord and Tenant hereby acknowledge and agree that, notwithstanding anything to exercise its right of first refusal to lease the Future contrary contained in the Existing Lease, from and after the Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, howeverCommencement Date, the Lessor has available space in Third Floor Space and the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at deemed to contain 15,259 rentable square feet in the same rental and governed by the same terms and conditions as outlined in this Lease Agreementaggregate. In either caseaddition to Landlord’s Expansion Premises Work, Landlord, at its expense, shall deliver the parties hereto shall enter into an amendment to this Lease Agreement describing Expansion Premises on the additional space Expansion Premises Commencement Date (i) free from asbestos-containing materials and any other materials recognized by law to be leased “hazardous” or “toxic,” (ii) otherwise in compliance with all applicable laws and codes, (iii) with the term heating, ventilating and air conditioning (HVAC), electrical, plumbing, mechanical and fire/life safety systems serving the Expansion Premises in good working order, and (iv) vacant, free from personal property. Notwithstanding anything herein to the contrary, Tenant shall not be responsible for the costs and expenses incurred in connection with the removal or remediation of Hazardous Material that rentalis not in compliance with applicable law as of the Expansion Premises Commencement Date and which is located in, on or under the Building or the Property prior to the Expansion Premises Commencement Date unless such Hazardous Material was brought on to the Property by Tenant or its agents. Landlord hereby represents that, to its actual knowledge, there are currently no Hazardous Materials in the Expansion Premises.
Appears in 1 contract
Sources: Lease (Valeritas Holdings Inc.)
Premises. Lessor (a) Licensor hereby leases grants to Lessee Licensee the following rights (collectively “License”):
(i) a limited non-exclusive license to install, maintain and Lessee leases from Lessor operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (“Tower”), including one or more antennas at a centerline height of 29 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a Twelve (12) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”.
(b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and any Renewal Term (as hereinafter defined) for the termpurpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, at the rental, and upon all the conditions set forth herein, real property situated as well as other provision contained in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Agreement.
(herein referred to as the "Premises,"c) including rights to common areas as hereinafter specified. The Premises are a portion delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Lessor's Building #104 herein referred Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the "Building." The Premisessuitability, the Building acceptability, accuracy and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term adequacy of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises for Licensee’s intended use.
(identified on Exhibit "A" as "Future Expansion,"d) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee Licensor shall have a period of the right, with no less than thirty (30) days days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this LeaseProperty, but at a rate as acceptable to the proposed third party tenant. IfLicensee’s sole cost expense, provided, however, that the Lessor has available space area to which the Premises are relocated, whether in the Future Expansion Premisesbuilding or on the Tower, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space shall be substantially similar in addition size and functionality to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPremises.
Appears in 1 contract
Premises. Lessor hereby leases Subject to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Amendment, effective as of the Renewal Term Commencement Date, the Premises shall be expanded to include that portion of the First Floor Space, consisting of approximately 17,006 rentable square feet, as shown on Exhibit “A” attached hereto and made a part hereof (the “Expansion Premises”). Commencing on the Renewal Commencement Date, the Premises shall consist of the original Premises and the Expansion Premises with an aggregate area of approximately 47,736 rentable square feet. Notwithstanding the actual area of the Expansion Premises, Sublandlord and Subtenant agree that the rentable square footage of the Expansion Premises set forth herein, which is approximately one-half ( 1/2) of the rentable square footage of the First Floor Space pursuant to the measurements set forth in the Master Lease, but shall be a fair and reasonable approximation of the area of the Expansion Premises until such time as the Expansion Premises may be demised from the Remainder First Floor Space; provided that upon any demise of the Expansion Premises from the Remainder First Floor Space Subtenant shall be permitted to measure the Expansion Premises in accordance with Section 4 below. Subtenant shall not use or occupy, or permit any of its employees, subtenants or invitees to use or occupy, any of the Remainder First Floor Space as a part of Subtenant’s business or operations in the Expansion Premises at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of its employees, subtenants or invitees is using or occupying any of the Remainder First Floor Space in a rate as acceptable to manner that is inconsistent with such space being maintained separate from the proposed third party tenant. IfExpansion Premises, Sublandlord may provide Subtenant with written notice of such determination and the reasons therefor; provided, however, that Sublandlord shall not be required to deliver more than one such notice during the Lessor has available space in Renewal Term. Upon the Future Expansion Premisessecond event of such unauthorized use of the Remainder First Floor Space, but has not received a bona fide offer from a third party or if Subtenant fails to lease said Premisesterminate such unauthorized use within three (3) days following its receipt of the Sublandlord’s written notice, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises Subtenant shall be immediately obligated to pay Monthly Rent for the entire Remainder First Floor Space at the same rental applicable Monthly Rent per rentable square foot set forth in Section 6 below, without any right to continue such occupancy or use; and governed by further provided that such use or occupancy may, in Sublandlord’s discretion be treated as a Subtenant default, subject to Subtenant’s applicable cure rights and to all of Sublandlord’s rights and remedies under the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalSublease.
Appears in 1 contract
Sources: Sublease (Provide Commerce Inc)
Premises. Lessor Landlord hereby leases to Lessee and Lessee leases from Lessor for Tenant the termPremises, at but excluding the rentalCommon Area (as herein defined), and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a any other portion of the Lessor's Building #104 herein referred to Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES “AS-IS,” EXCEPT FOR THE LANDLORD WORK AND OTHERWISE AS EXPRESSLY PROVIDED HEREIN, WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant’s use, and (iii) except as expressly provided herein, waives all claims of defect in the "Building." The Premises and any implied warranty that the Premises are suitable for Tenant’s intended purposes. Tenant hereby acknowledges that the area of the Premises, the Building and the Project set forth in the Basic Lease Information is approximate only, and Tenant accepts and agrees to be bound by such figures for all purposes in this Lease. Notwithstanding anything to the contrary contained in this Section 2.1, Landlord hereby covenants that, on the date of Substantial Completion of Landlord’s Work, the Landlord’s Work shall be in a condition that meets all current Applicable Laws as then interpreted, including, without limitation, the ADA (as defined in Section 2.2 below), and the Premises shall otherwise be vacant and broom clean, and the structural portions of the roof of the Premises shall be in good condition and repair (collectively, the “Required Delivery Condition”). If it is determined that the Premises or the Common AreasAreas were not in the Required Delivery Condition, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term validity of this LeaseLease shall not be affected or impaired thereby, Lessor receives and is willing Landlord shall not be in default under the terms of this Lease or be liable to accept a bona fide offer from a third party Tenant for any damages therefor, nor shall Tenant be permitted to lease that portion nullify delivery or acceptance of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver or be entitled to Lessee a notice abatement of its intent to lease the Future Expansion Premises. Lessee shall have a period any of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of Tenant’s obligations under this Lease, but as Tenant’s sole remedy, Landlord, at a rate no cost to Tenant, shall perform such work or take such other action as acceptable may be necessary to place the proposed third party tenant. Ifsame in the Required Delivery Condition; provided, however, the Lessor has available space that if Tenant does not give Landlord notice of any deficiency in the Future Expansion PremisesRequired Delivery Condition within one (1) month following the Commencement Date, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease correction of that Future Expansion Premises such deficiency shall be at the same rental and governed by the same terms parties’ respective maintenance and conditions as outlined repair obligations set forth in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental.Lease
Appears in 1 contract
Sources: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)
Premises. The Lessor hereby leases to and demises unto the Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County those pieces or parcels of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined land on the attached Exhibit "Island as follows: lying north of the demarcation line shown on the map annexed hereto as Appendix A," , together with the Lessor’s interest, if any, in and to—
(herein referred i) all strips and gores abutting or adjacent to as the "Premises,"foregoing parcels; and
(ii) including rights all rights, lights, liberties, privileges, easements and appurtenances belonging or reputed to common areas as hereinafter specified. The Premises are a portion belong or to be appurtenant thereto or in any wise pertaining thereto;
(iii) the ways, waters and courses abutting or surrounding the same (to the extent under the sovereignty and control of the Lessor's Building #104 herein referred to as ); and
(iv) any improvements of any kind located upon the "Building." aforesaid parcels. The Premises, the Building foregoing parcels and the Common Areas, along with all other buildings and improvements, appurtenances are herein hereinafter collectively referred to as “the "Presto Facility." If at any time during any term or renewal term Premises”. Within ninety days after the date of this Leaselease, the Lessor receives and is willing will cause to accept be prepared by a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as registered land surveyor reasonably acceptable to the proposed third party tenant. IfLessee, however, a detailed survey of the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premisesidentifying all roads, Lessee may lease that space in addition easements, waterways, utility lines and Improvements located therein or thereon. Such survey shall be reasonably acceptable to the Premises described hereinLessee. In that case, Upon receipt of the lease of that Future Expansion Premises shall be at the same rental survey and governed its acceptance by the same terms and conditions as outlined in this Lease Agreement. In either caseLessee, the parties hereto shall enter into will execute an amendment addendum to this Lease Agreement describing incorporating a more detailed description of the additional space Premises, based upon the survey. The Lessor warrants title to be leased the Premises, free from all liens, defects in title, violations of law, leases, tenancies, easements, restrictions and agreements, except for those matters set forth in Appendix B annexed hereto, and subject to the term provisions of that rentalparagraph 8 (c).
Appears in 1 contract
Sources: Lease Agreement
Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for 1. That part of the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as Building outlined on the attached Exhibit "A," Plan Showing the Premises, called Suite W500 (deemed to contain approximately 74,788 rentable square feet), on the 5th floor of the Building, including all tenant improvements made by Landlord pursuant to the attached Work Letter.
2. Landlord shall, at its cost (and not subject to the Allowance, as defined in the Work Letter), upgrade the existing ceiling to “building standard”, including a 2’ x 2’ grid system and new building standard ceiling tile throughout the Premises. The existing deep cell parabolic lighting in the Premises shall be retained “as is, where is”, but such lighting will be fully equipped by Landlord with working bulbs at the Commencement Date.
(a) Subject to existing rights under leases of space in the Building as of the date hereof (as described at the end of this Section), and subject to renewals of leases or extensions of terms of leases of then existing tenants of the Additional Office Space (as hereinafter defined) which have been or may be granted in Landlord’s sole discretion, at the date of any notice required in this Section, if this Lease shall be in full force and effect and Tenant named herein shall occupy at least 75 percent of the Premises and no monetary default of which Tenant has been given notice or event of default for a non-monetary default under this Lease exists, Landlord shall, at such time as Landlord first submits a lease proposal (Proposal) to a specific bona fide prospective tenant for space in the Building which includes any portion (or all) of the office space on the 2nd, 3rd, or 4th floors of the Building, indicated as “Additional Office Space” on the attached Plan Showing the Premises (the space delineated in the Proposal is referred to as Offered Refusal Space), notify Tenant of the Proposal (Landlord’s Notice). Tenant may lease all of the Offered Refusal Space upon the terms contained in the Proposal by giving Landlord notice of exercise (Exercise Notice) within 10 days after receipt of Landlord’s Notice. Promptly after Tenant exercises this option (but in no event later than 30 days after Tenant’s receipt of the form of the proposed agreement), the parties shall enter into either a supplemental agreement to this Lease incorporating the Offered Refusal Space as part of the Premises or, at Landlord’s option, a separate lease agreement (which agreement shall be in substantially the same form as this Lease in all material respects, except as provided in the Proposal). If the tenant who is the subject of the Proposal is not represented by a broker or other agent, Tenant shall be responsible for any commission or fee due to any broker or other agent employed by Tenant. Anything in this Section to the contrary notwithstanding, this option shall terminate with regard to the Offered Refusal Space if Tenant fails to exercise the option or enter into a supplemental agreement or separate lease (as the case may be) in accordance with this Section, and upon such termination, Tenant shall have no further right to lease the Offered Refusal Space and Landlord may contract with any party with respect thereto without any further obligation to Tenant, provided that (1) if Landlord fails to enter into a lease with a tenant for the Offered Refusal Space within 6 months after Landlord’s Notice and Landlord subsequently seeks to lease the Offered Refusal Space to another prospective tenant, or (2) if the terms and conditions upon which Landlord proposes to lease the Offered Refusal Space to any prospective tenant are materially more favorable to such prospective tenant than those contained in Landlord’s Notice (which shall be deemed to include a difference of more than 5 percent of the total rental to be paid over the same term), then in any of such events, upon the expiration of the period set forth in subsection (1) or a material change of terms or conditions as set forth in subsection (2), this option shall again be applicable to the Offered Refusal Space. The existing rights to the Additional Office Space referred to above are as follows: regarding the 2nd floor, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ is an existing tenant with a right of first refusal on the balance of the floor; regarding the 3rd floor, General ▇▇▇▇▇ is an existing tenant with a right of first refusal on the balance of the floor, and Mosaic Company has a subordinate right of first refusal on the same balance; regarding the 4th floor, Mosaic Company is an existing tenant on the entire floor.
(b) Anything to the contrary in Section II.A.3.(a) notwithstanding, upon receipt of a Proposal, if the term for the Offered Refusal Space (Option Space Term) is expected to commence on a date during the first 14 months of the Term of this Lease, and if Tenant desires to exercise its option to lease the Offered Refusal Space, it may do so either on the terms contained in the Proposal or on the terms set forth in this Section II.A.3.(b) (the latter terms sometimes referred to as the "“In Place Terms”), and shall make such election in the Exercise Notice. If Tenant fails to make an election in the Exercise Notice, then for purposes of Section II.A.3.(a), Tenant shall be deemed to have elected the terms contained in the Proposal. For purposes of this Section, if the In Place Terms are applicable, the Base Rent for the Offered Refusal Space shall be based on the then concurrent rates in effect for the Premises,") including rights to common areas as hereinafter specified. The Premises are a portion , Tenant’s Proportionate Share shall be increased based on the rentable square footage of the Lessor's Building #104 herein referred to Offered Refusal Space, and the expiration date for the occupancy of the Offered Refusal Space shall be the same as the "Building." The Termination Date for the Premises. Landlord shall provide Tenant an improvement allowance (Option Space Allowance) for improvements to be made to the Offered Refusal Space in an amount equal to the product of (1) $35.00 per rentable square foot of the Offered Refusal Space, multiplied by (2) a fraction, the Building numerator of which is the number of full calendar months remaining in the Term of the Lease (after the commencement date of the Offered Refusal Space) and the Common Areasdenominator of which is 80, along and all tenant improvement work shall otherwise be completed in accordance with all other buildings the provisions of the attached Work Letter or as otherwise agreed to by Landlord and improvementsTenant.
4. For so long as Landlord makes certain space available to tenants of the Building for the storage of files and office supplies (Storage Space), are herein collectively referred Tenant may lease up to as 1,900 square feet of the "Presto Facility." If Storage Space not leased to others (the configuration shall be subject to Landlord’s approval, which shall not be unreasonably withheld) at any time during any term or renewal term Landlord’s then standard storage rate (Landlord’s current rate is $12.00 per square foot per annum, which shall not be increased for purposes of this LeaseSection prior to July 1, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises2010). Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, howeverIn all events, the Lessor has available space in the Future Expansion Premisesrate will be paid on a gross basis, but has not received a bona fide offer from a third party with no additional rent payable for expenses or taxes with respect to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalsuch space.
Appears in 1 contract
Sources: Office Lease (Ev3 Inc.)
Premises. Lessor Landlord hereby leases to Lessee Tenant and Lessee leases Tenant hereby hires from Lessor Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the “Premises”) in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the “Building” and together with the plot of land upon which such building stands, the “Real Property”) for a term (the term“Term”) to commence on the “Commencement Date” (hereinafter defined), and to end on the “Expiration Date” (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the “Rent” (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the rentaltime of payment, and upon all the conditions set forth hereinin equal monthly installments, real property situated in the County of Chippewaadvance, State of Wisconsin, consisting of 58,725 square feet as outlined commencing on the attached Exhibit "A," Commencement Date and on the first (herein referred 1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first monthly installment on the execution hereof. If the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the "Premises,") number of days from and including rights the Rent Commencement Date bears to common areas as hereinafter specifiedthe total number of days in said calendar month. The Premises are a portion of Such payment, together with the Lessor's Building #104 herein referred to as sum paid by Tenant upon the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term execution of this Lease, Lessor receives shall constitute payment of the Rent for the period from the Rent Commencement Date to and is willing to accept a bona fide offer from a third party to lease that portion including the last day of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalnext succeeding calendar month.
Appears in 1 contract
Sources: Lease Agreement (Intralinks Inc)
Premises. Lessor (a) This Lease shall be effective as between Landlord and Tenant as of the full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises Landlord upon the terms and conditions of contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed in accordance with the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. As hereinafter used in this Lease, but at a rate as acceptable the term “Building” shall refer to the proposed third party tenantentire structure in which the Premises are located, the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is situated, and the term “Project” shall collectively refer to the Lot, the Building, and the Project Common Areas. IfThis Lease confers no rights either with regard to the subsurface of the land below the ground level of the Building or with regard to airspace above the roof of the Building.
(b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by the Scheduled Lease Commencement Date. Prior to the Lease Date, Landlord and Tenant have agreed upon certain project plans (“Project Plans”), attached hereto as Exhibit A-1. Landlord agrees to construct the Building in compliance with the Project Plans and all applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “BOMA Standard”)) to determine the rentable area and usable area of the Premises. Based on such measurement, the Base Rent, and Tenant Improvement Allowance shall be proportionately adjusted; provided, however, that in no event (i) will such measurement result in a Rent increase to Tenant of more than two percent (2%), or (ii) will the Lessor has available space rentable area of the Premises be more than ten percent (10%) greater than the “Office Area” (as that term is defined in the Future Expansion BOMA Standard) of the Premises (the difference, expressed as a percentage of the Office Area of the Premises, but has not received a bona fide offer from a third party to lease said between the Premises, Lessee may lease that space in addition to ’ rentable area and the Office Area of the Premises described herein. In that case, is hereinafter referred to as the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental“Load Factor”).
Appears in 1 contract
Sources: Lease Agreement (Health Net Inc)
Premises. Lessor (a) For the Term defined in this Lease, Landlord does hereby leases lease and demise to Lessee Tenant, and Lessee leases Tenant does hereby hire and take from Lessor Landlord, the following described premises in the building located at and commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ (hereinafter called the “Building”) situated in the city of Taylorsville, and State of Utah, to wit: 21,849 square feet of net rentable space on the third floor, as shown crosshatched on the floor plan(s) attached as EXHIBIT A (hereinafter called the “Premises”); together with any and all appurtenances, rights, privileges and easements pertaining thereto including, but not limited to, the non-exclusive right to use in common with Landlord and other occupants of the Building such elevators, stairways, corridors, entranceways, rest rooms, walkways, roadways, driveways, loading docks, parking facilities and other similar or related facilities as may exist in and about the Building and “Land” (as hereinafter defined) and be generally available to all occupants of the Building or be reasonably necessary for Tenant’s use and enjoyment of the Premises for the term, at purposes set out in Paragraph 2 hereof (hereinafter collectively called the rental“Common Areas”). The Building is a 4-story building containing approximately 113,224 square feet of net rentable space, and the parcel of land upon all which the Building is located (herein called “Land”) consists of approximately 6.527 acres. A plot plan of the Land, Building and other improvements is attached as EXHIBIT B. Landlord represents and warrants that Landlord is the fee owner of the Land and has full right and authority to lease the Premises to Tenant on the terms and conditions set forth hereinin this Lease.
(b) Landlord hereby assigns, real property situated in the County of Chippewatransfers, State of Wisconsinand conveys to Tenant, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The PremisesAS IS, without warranty, the Building furniture and equipment listed and described in EXHIBIT C (hereinafter called the Common Areas, along with all other buildings and improvements, are herein collectively referred “Personal Property”).
(c) Tenant shall also have the right to use during the Term (as the "Presto Facility." If at any time during any term or renewal term defined herein) of this Lease, Lessor receives AS IS, without warranty, any cabling and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to data infrastructure existing at the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions Effective Date of this Lease.
(d) Landlord will provide an allowance of $0.10 per net rentable square foot at the Premises to cover the cost of a preliminary test fit by Tenant’s architect. This allowance will be in the form of a credit against Rents otherwise owed hereunder by Tenant.
(e) The parties are exploring the possibility of expanding the Premises to include also a certain amount of space on the first/main floor or the third floor, but at a rate as acceptable the case may be, of the Building for Information Technology infrastructure. If the parties reach an agreement to so expand the proposed third party tenant. IfPremises, howeverthen notwithstanding the foregoing provisions of this Paragraph 1.1 for all purposes of this Lease (including without limitation Paragraphs 1.1(a), 1.1(d), the Lessor has available space in calculation of Base Rent under Paragraph 4.1, Additional Rent under Paragraph 4.2 and the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that casecalculation of Tenant’s Share, the lease of that Future Expansion Premises TIA under Paragraph 7.1(a)) the net rentable square footage under this Lease shall be at increased by such additional space on the same rental and governed by the same terms and conditions as outlined first/main floor. The parties shall memorialize, in this Lease Agreement. In either case, the parties hereto shall enter into an amendment addendum to this Lease Agreement describing the additional space to be leased and signed by both parties, any such agreed upon expansion of the term Premises, consistent with the last sentence of that rentalParagraph 38.8.
Appears in 1 contract
Sources: Lease (Otix Global, Inc.)
Premises. Lessor Upon and subject to the terms, covenants and conditions hereinafter set forth in this Lease, Landlord hereby leases to Lessee Tenant and Lessee Tenant hereby leases from Lessor for Landlord the termpremises set forth in Section 6 of the Summary (the “Premises”), at which Premises are located in that certain “Building” commonly known as “LNR Warner Center – Building H”, with an address of ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The outline of the rentalfloor plan of each floor of the Premises is set forth in Exhibits ▇-▇, ▇-▇ ▇▇▇ ▇-▇, respectively, attached hereto. Subject to Landlord’s reasonable regulations, restrictions and guidelines, Tenant’s rights to the Premises include Tenant’s right to use and access the space within the ceilings, walls and floors of the Premises (excluding limited areas reasonably designated by Landlord which may interfere with any other tenant’s use or equipment therein) to install and service wire, conduit and cable that serve Tenant’s equipment, provided such use and access is in accordance with, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premisessubject to, the Building other terms and provisions of this Lease. Concurrently with the Common Areas, along with all other buildings mutual execution and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term delivery of this Lease, Lessor receives Landlord shall deliver possession of the entire Premises to Tenant for the purpose of enabling Tenant to commence therein, subject to and is willing in accordance with the terms of the Tenant Work Letter attached hereto as Exhibit D (the “Tenant Work Letter”), the design and construction of the Tenant Improvements (as defined in the Tenant Work Letter), and Landlord’s failure to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent timely deliver the same shall be subject to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice Landlord Delay provisions of its intent to lease Section 4.6 of the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalTenant Work Letter.
Appears in 1 contract
Sources: Office Lease (United Online Inc)
Premises. Lessor hereby leases (a) Effective as of the Expansion Date (defined below), Landlord shall lease the Expansion Space to Lessee Tenant and Lessee leases Tenant shall lease the Expansion Space from Lessor for the term, at the rentalLandlord, and upon all the conditions set forth herein“Premises”, real property situated as defined in the County Lease and used hereinafter, shall mean, collectively, the Current Premises and the Expansion Space, for a total area of Chippewa, State of Wisconsin, consisting of 58,725 approximately 10,148 square feet of space. Accordingly, effective as outlined on of the attached Exhibit "A," (herein referred Expansion Date, the “Rentable Square Footage of the Premises”, as defined in the Lease, shall be amended to as the "Premises,") including rights to common areas as hereinafter specifiedmean 10,148 square feet. The Premises are a portion of the Lessor's Building #104 herein referred Expansion Space shall be subject to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions that were granted with respect to the Current Premises unless such concessions are expressly provided for herein with respect to the Expansion Space. Effective as of the Expansion Date, Exhibit A-1 to the Lease Agreement shall be deleted in its entirety and Schedule 2 attached hereto shall be substituted in lieu thereof. Notwithstanding the foregoing, however, in the event Landlord fails to complete Landlord’s Work in the Current Premises by the date that is four (4) weeks after the Expansion Date (the “Outside Completion Date”) for any reason other than delays caused by Tenant, then as Tenant’s sole and exclusive remedy, then Base Rent with respect to the Expansion Space only shall ▇▇▇▇▇ one day for each day after the Outside Completion Date that Landlord fails to complete Landlord’s Work in the Current Premises; provided, however, such abatement shall be in proportion to the Rentable Square Footage of the Current Premises that Tenant is not able to occupy. For example, if Tenant is able to occupy 80% of the Rentable Square Footage of the Current Premises even though Landlord’s Work therein is not complete, Tenant shall be entitled to an abatement of 20% of the Base Rent applicable to the Expansion Space. Further, the Outside Completion Date shall be extended by one (1) day for each day Landlord’s Work in the Current Premises is delayed due to delays caused by Tenant.
(b) As used herein, the “Expansion Date” means the earlier to occur of (i) the date the Landlord’s Work (as defined in Schedule 3 attached hereto) in the Expansion Space has been substantially completed, as such date is determined pursuant to the Work Letter attached hereto as Schedule 3, and (ii) the date Tenant begins conducting business from any portion of the Expansion Space. Subject to Paragraph 2(d) below, Force Majeure and Delays (as defined in Schedule 3) incurred by Landlord, Landlord shall use good faith and reasonable efforts to cause the Expansion Date to occur on or before December 1, 2016.
(c) Tenant may take possession of the Expansion Space approximately two (2) weeks prior to the Expansion Date for the purpose of installing furniture, fixtures, equipment, and other personal property of Tenant in the Expansion Space. Such possession shall be subject to all of the terms and conditions of the Lease, but at a rate as acceptable amended hereby, except that Tenant shall not be required to pay Base Rent or the OE Payment for the Expansion Space during the period of time prior to the proposed Expansion Date. Tenant shall, however, be liable for the cost of any above Building 32036/00600/DOCS/4144422.1 standard services (e.g. after-hours HVAC) that are provided to Tenant in the Expansion Space during the period of Tenant’s possession prior to the Expansion Date.
(d) Tenant acknowledges that the Expansion Space is currently occupied by a third party tenant, and that, in connection with this Amendment, Landlord is negotiating a termination of such third party tenant’s lease of the Expansion Space. IfIf Landlord is delayed in its ability to deliver possession of all or any portion of the Expansion Space to Tenant due to the holding over or failure of the current occupant to vacate any portion of the Expansion Space or for any other reason beyond Landlord’s reasonable control, this Amendment shall not be void or voidable or otherwise affected, Tenant shall have no claim for damages against Landlord, and Landlord shall deliver possession of the Expansion Space to Tenant following the termination of such third party tenant’s lease of the Expansion Space and vacation of the Expansion Space by the such third party tenant in the condition required herein. Notwithstanding the foregoing, however, if the Lessor has available space in current tenant occupying the Future Expansion Premises, but Space has not received a bona fide offer from a third party vacated the Expansion Space by January 1, 2017, then Tenant shall have the right to lease said Premisesnullify this Amendment by delivering written notice thereof to Landlord at any time until the date the current tenant occupying the Expansion Space has vacated the Expansion Space and prior to December 31, Lessee may lease that space 2017, in addition to the Premises described herein. In that casewhich event, the lease of that Future Expansion Premises this Amendment shall be at the same rental null and governed by the same terms void and conditions as outlined in this Lease Agreement. In either caseof no force or effect, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term Term of that rentalthe Lease shall expire on December 31, 2017.
Appears in 1 contract
Sources: Office Lease
Premises. Lessor hereby Subject to and in accordance with the provisions hereof. Landlord leases to Lessee Tenant and Lessee Tenant leases from Lessor Landlord the Premises as designated on Exhibit A. The Rentable Area of the Premises and Building for all purposes shall be as set forth in Section 1(c) and 1(d), respectively. The Rentable Area of the Premises includes a pro rata portion of all Common Areas. Tenant agrees that, except as expressly stated herein and in the Work Letter, if any, 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 any 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, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the termpurposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the non-exclusive 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 the rentalany time and from time to time, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, include the Building and within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, along with all other buildings and improvementsor Project consists; to alter, are herein collectively referred to relocate, reconfigure and/or reduce the Common Areas, as long as the "Presto Facility." If at Premises remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that such suspension is necessary to perform its repair or maintenance obligations under this or any time during other agreement or to comply with any term or renewal term of this Leaseapplicable Laws, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to as long as the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalremain reasonably accessible.
Appears in 1 contract
Sources: Lease Agreement (ADS Tactical, Inc.)
Premises. Lessor 1.1 Landlord hereby leases to Lessee Tenant, and Lessee Tenant hereby leases from Lessor Landlord, for the termterm and subject to the covenants hereinafter set forth, at to all of which Landlord and Tenant hereby agree, (a) the rentalland described in Exhibit A hereto, together with all easements and other appurtenances thereto (the "Land), (b) all improvements now or hereafter located on the Land (the "Improvements"), including the two buildings described in the Basic Lease Information, (c) all of Landlord's right, title and interest in and to all fixtures and heating, ventilating, air conditioning, electrical, mechanical, plumbing, life safety and other building systems affixed or attached to the Land or the Improvements (collectively, the "Equipment"), and upon (d) all of Landlord's right, title and interest in and to the conditions set forth hereinpersonal property described on Schedule I attached hereto (the "Personal Property"). The Land, real property situated in the County of ChippewaImprovements, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein Equipment and Personal Property are collectively referred to herein as the "Premises." Landlord hereby grants to Tenant an exclusive license (the "License,,) to use the following: (a) the contracts described on Schedule II attached hereto (the ") including rights to common areas as hereinafter specifiedContracts"); and the permits described in Schedule III attached hereto (the "Permits"). The Premises are a portion License is coupled with an interest, irrevocable and assignable or sublicensable by Tenant in connection with any permitted assignment or sublease of this Lease. The License shall automatically terminate, without notice to Tenant, upon the termination of this Lease, whether upon expiration of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any Lease term or renewal earlier. Tenant hereby assumes and agrees to perform, at ▇▇▇▇▇▇'s sole expense, all obligations of Landlord under the Contracts and Permits during the term of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to . ▇▇▇▇▇▇ further agrees during the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the entire term of the License to (x) keep the Contracts in full force and effect, unless Landlord otherwise consents in writing (which consent may be withheld in Landlord's sole discretion), until the expiration of any Contract by its own terms (other than as a result of a default by Tenant thereunder), and (y) keep the Permits in full force and effect until the expiration of the Lease term. Tenant shall maintain the Personal Property in good condition and repair, except that rentalTenant may replace the Personal Property with personal property of comparable quality when consistent with prudent business practices.
Appears in 1 contract
Sources: Commercial Lease (Certified Grocers of California LTD)
Premises. Lessor hereby Landlord leases to Lessee Tenant and Lessee Tenant leases from Lessor for Landlord the termPremises, at subject to the rental, covenants and upon all the 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 of the Lease Commencement Date, and shall yield possession to the Landlord on the Expiration Date, except as otherwise expressly provided herein. For purposes of this Lease, real property situated 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 County building commonly known as ▇▇▇▇▇▇ Lake Corporate Center (the “Building”) erected on certain land (the “Land”) located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Needham, Massachusetts, together with rights of Chippewaingress and egress thereto, State 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 Wisconsin, consisting Tenant and other tenants and occupants of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areascommon pipes, along 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 all other buildings the Building, and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term of this Lease, Lessor receives pass over and is willing to accept a bona fide offer from a third party to lease park on that portion of Lessors building which is adjacent 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 Building. Landlord hereby reserves the right to re-measure the Building from time to time upon which the rentable square feet as set forth herein and Tenant’s Proportionate Share (identified on as defined in Exhibit "A" as "Future Expansion,"D) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Leasebe adjusted accordingly, but at a rate in no event shall Fixed Rent or Additional Rent increase from the amounts set forth herein as acceptable to of the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalEffective Date.
Appears in 1 contract
Sources: Lease Agreement (Verastem, Inc.)
Premises. Lessor (a) Licensor hereby leases grants to Lessee Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and Lessee leases from Lessor operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”, including one or more antennas at a centerline height of 310 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a eight (8) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”.
(b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable rights of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and any Renewal Term (as hereinafter defined) for the termpurpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, at the rental, and upon all the conditions set forth herein, real property situated as well as other provision contained in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," Agreement.
(herein referred to as the "Premises,"c) including rights to common areas as hereinafter specified. The Premises are a portion delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that is has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Lessor's Building #104 herein referred Premises, including Tower or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the "Building." The Premisessuitability, the Building acceptability, accuracy and the Common Areas, along with all other buildings and improvements, are herein collectively referred to as the "Presto Facility." If at any time during any term or renewal term adequacy of this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises for Licensee’s intended use.
(identified on Exhibit "A" as "Future Expansion,"d) then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee Licensor shall have a period of the right, with no less that thirty (30) days days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this LeaseProperty, but at a rate as acceptable to the proposed third party tenant. IfLicensee’s sole cash expense, provided, however, that the Lessor has available space area to which the Premises are relocated, wheter in the Future Expansion Premisesbuilding or on the Tower, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space shall be substantially similar in addition size and functionality to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rentalPremises.
Appears in 1 contract
Sources: Communications Site License Agreement (Skybridge Wireless Inc)
Premises. Lessor hereby leases (a) As of the Commencement Date, Tenant is a corporation spun off from BD and Tenant occupies certain space within the building (the “Building”) located on the real property having an address at [* * *] Holdrege, NE (the “Property”), which Property is depicted on the site plan set forth on Exhibit B. The space occupied by Tenant within the Building on the Commencement Date is shown on Exhibit A. Landlord and Tenant desire that certain alterations and improvements to Lessee space within the Building be made to achieve the separation of the operations of Tenant from the operations of Landlord (“Separation Work”) and Lessee leases from Lessor at the end of such Separation Work, the premises within the Building demised to Tenant under this Lease shall be as depicted on Exhibit B. On the Commencement Date, the premises demised to Tenant under this Lease shall be the space within the Building that is now currently occupied by Tenant, together with the non-exclusive right to use the driveways, parking areas and Common Areas (defined below) on the Property. In the performance of the Separation Work within the Building, Landlord shall take into consideration Tenant’s use of and operations in the Premises and use all commercially reasonable efforts to minimize disruption to Tenant’s operations. Tenant agrees to cooperate in good faith with Landlord in achieving the Separation Work. Landlord and Tenant shall designate in writing the name of their respective representatives for the termpurposes of communications regarding the Separation Work. For purposes hereof, at the rentalterm “Premises” shall mean, and upon all as applicable, the conditions set forth herein, real property situated initial space occupied by Tenant in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises are a portion of the Lessor's Building #104 herein referred to as the "Building." The Premises, the Building and the Common Areasfinal space depicted on Exhibit B to be occupied by Tenant after completion of the Separation Work.
(b) Landlord and Tenant shall cooperate in good faith with each other to complete the Separation Work, along with all other buildings including Landlord and improvementsTenant engaging in regular cadence of meetings and Landlord ensuring Tenant is promptly apprised of any significant developments as soon as reasonably possible (collectively, the “Separation Work Communications”). In furtherance of the foregoing mutually cooperation, Landlord may make changes to the Separation Work that (i) do not materially impair Tenant’s use of the Premises for the Permitted Purpose, (ii) do not materially alter the plans set forth on Exhibit B, including, but not limited to, customary “field” changes, (iii) are herein collectively referred required by any governmental authority, and (iv) are required to as address an unforeseen circumstance arising during construction (collectively, “Landlord Permitted Changes”). If Landlord desires to make any change to the "Presto Facility." If at Separation Work which does not constitute a Landlord Permitted Change, Landlord shall obtain Tenant’s written consent to such change; provided that Tenant’s consent to such change shall not be unreasonably withheld, conditioned or delayed. Tenant shall be deemed to have granted its consent to any time during any term or renewal term such change if Tenant fails to deliver, within five (5) Business Days following receipt of Landlord’s notice of the proposed change, a written notice to Landlord objecting in reasonable detail the specific elements of the proposed change that Tenant asserts (y) do not constitute a Landlord Permitted Change and (z) are objectionable and the reasons why, provided, however, if Tenant requests in writing within the initial five (5) Business Day period, Tenant may have an additional five (5) Business Days to provide Landlord such written response. As used in this Lease, Lessor receives and is willing to accept a bona fide offer from a third party to lease that portion of Lessors building which is adjacent to the Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Lessee a notice of its intent to lease the Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, but at a rate as acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises described herein. In that case, the lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in this Lease Agreement. In either case, the parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be leased and the term of that rental“Business Day” shall mean any day other than a Saturday, Sunday, or federal holiday.
Appears in 1 contract
Sources: Lease Agreement (Embecta Corp.)