Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed 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. Landlord, for and in consideration The Premises consists of the rentsBuilding to be constructed by the Sublessor in accordance with the terms hereof together with the right, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject appurtenant thereto to the termsexclusive 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, covenants which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and conditions hereinafter set forth, all that certain parcel a portion of the land situated in area designated as 160 International Drive (or such portion thereof as is necessary to construct the County of Riverside, Building and State of California delineated on Exhibit "A" attached hereto and incorporated herein Common Facilities) ("Land"the “Lot”), together with those certain Landlord's Improvements as defined in the Work Letter present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit "B" A. The parties agree that the final location, configuration and area of the Building, Common Facilities 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 ("Work Letter") to 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"the “Tradeport”). Herein Sublessee shall have as a right appurtenant to the Land Premises, in common with other Tradeport tenants and occupants and authorized users the Improvements are referred right to collectively use the entrances, 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 "Premises"PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Tenant acknowledges Sublessor represents and warrants to Sublessee that this a true, correct and complete copy of the 200 Ground Lease is subordinate attached hereto as Exhibit C and subject that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to (a) all liensSublessee. From and after the date hereof, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") Sublessor shall use its best efforts to (i) in effect on the Effective Date seek approval of this Lease and be designated the developer and lessee of the land area designated as specified in Exhibit "C" attached hereto 160 International Drive (or such portion thereof as comprises the Lot and incorporated herein ("Preliminary Report"is otherwise necessary to construct the Building and Common Facilities) or (ii) approved to amend the 200 Ground Lease to include that portion of 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 Ground Lease Amendment”) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the 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 deemed approved 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 (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 this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises or the use or occupancy thereof, in effect on the execution of this Ground Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Amendment shall be subject to the review and prior written approval of Tenant which approval shall Sublessee, not to be withheld so long as the new Title Matter does not materially and adversely impair the use unreasonably withheld, conditioned or occupancy by Tenant delayed. Upon execution of the approved Premises for its intended purpose. Tenant Ground Lease Amendment, Sublessor and Sublessee shall deliver written notice amend this Lease as necessary to Landlord of its approval or disapproval of reflect the existence thereof and to include such Title Matters within ten (10) days after delivery by Landlord other amendments to Tenant of such new Title Matter. If Tenant fails the Exhibits hereto as is reasonably necessary 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 reflect the configuration of the delivery of Lot as approved by the written reminder notice, the new Title Matter shall be deemed approvedPDA.
Appears in 3 contracts
Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant Lessee and Tenant hereby Lessee leases from LandlordLessor for the term, at the rental, and upon and subject to all the termsconditions set forth herein, covenants and conditions hereinafter set forth, all that certain parcel of land real property situated in the County of RiversideChippewa, and State of California delineated 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" attached hereto 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 incorporated herein ("Land")conditions of this Lease, together with those certain Landlord's Improvements but at a rate as defined acceptable to the proposed third party tenant. If, however, the Lessor has available space in the Work Letter attached hereto as Exhibit "B" ("Work Letter") Future Expansion Premises, but has not received a bona fide offer from a third party to be constructed by Landlordlease said Premises, 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 Lessee may lease that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) space in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable addition to the Premises or described herein. In that case, the use or occupancy thereof, lease of that Future Expansion Premises shall be at the same rental and governed by the same terms and conditions as outlined in effect on the execution of this Lease or thereafter promulgatedAgreement. In the 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 noticeeither case, the new Title Matter parties hereto shall enter into an amendment to this Lease Agreement describing the additional space to be deemed approvedleased 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. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated Premises as designated on Exhibit "A" attached hereto , consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession of the Premises for the purposes of conducting business, the Premises, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsInitial Improvements, machineryshall be deemed accepted by Tenant. Tenant shall also have the nonexclusive right, equipment, fixtures and other property (except Tenant's trade fixtures)subject to the terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofright, in effect on its sole discretion, at any time and from time to time, to include the execution Building within a project and/or to expand and/or reduce the amount of this Lease Land and/or improvements of which the Building, the Common Areas, or thereafter promulgated. In Project consists; to alter, relocate, reconfigure and/or reduce the event thatCommon Areas; and to temporarily suspend access to portions of the Common Areas, 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 as long as the new Title Matter does not materially Premises remain reasonably accessible and adversely impair the Tenant’s 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 new Title Matter shall be deemed approvedis not materially diminished.
Appears in 2 contracts
Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Premises. Landlord, for and in (a) In consideration of the rentsobligation of Tenant to pay Rent as herein provided, covenants and agreements hereinafter set forth, Landlord hereby leases lets to Tenant and Tenant hereby leases takes and hires from LandlordLandlord 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, upon to have and to hold for the Term, subject to the terms, covenants and conditions hereinafter set forthof this Lease, together with, appurtenant to the Premises, the 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 certain parcel portion of land situated in the County of RiversideBuilding 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and State of 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 "B" ("Work Letter") to 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 hereinafter referred to collectively as the "Temporary Premises". Until such time that Tenant acknowledges that this Lease is subordinate and subject to (a) all liensvacates Building 4 in its entirety, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting Building 4 shall be incorporated for the Premises ("Title Matters") (i) in effect on the Effective Date purpose of this Lease as specified part of the Premises.
(c) Tenant shall have the right to use, in Exhibit "C" attached hereto common with Landlord and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1other tenants of the Buildings, ("Permitted Encumbrances") and (b) any lawthe areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, regulation, rule, order or ordinance which shall not be considered part of any governmental entity applicable to the Premises or the use or occupancy thereofhereunder, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters 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 review Buildings. It is understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the event Landlord, leases such areas to another tenant.
(d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and approval of replacing utilities, equipment, and other facilities serving the Premises and Tenant’s operations therein, tenant shall have the right at all times to access the Unrestricted Tenant which approval Access Area, and the same shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant considered part 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 new Title Matter shall be deemed approvedhereunder.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Premises. Landlord, for and “As-Is”; FF&E. Assignee shall accept the Premises in consideration its existing “AS-IS” condition as of the rents, covenants Effective Date and agreements hereinafter set forth, hereby leases expressly acknowledges that Assignor shall not be obligated to Tenant and Tenant hereby leases from Landlord, upon and subject provide or pay for any improvements (other than any improvements that were performed by Assignor prior to the terms, covenants and conditions hereinafter set forth, all that certain parcel Effective Date for which Assignor has no further obligation to pay for or perform as of land situated the Effective Date) . Notwithstanding anything to the contrary in the County of RiversideLease, 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 State that Assignor has not made any representations of California delineated 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" A-1 attached hereto and incorporated herein the lab items listed on Exhibit A-2 attached hereto which shall become the property of Assignee as of the Effective Date ("Land")collectively, together with those certain Landlord's Improvements as defined 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 Work Letter form attached hereto as Exhibit "B" ("Work Letter") to 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 Assignee for consideration of $1.00 from Assignee for the FF&E 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 the Quitclaim 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 Assignee concurrent with the mutual execution 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 noticeConsent. Assignor makes no representation or warranty as to the FF&E, the new Title Matter and hereby expressly DISCLAIMS ANY WARRANTIES AS TO MERCHANTABILITY, CONDITION, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Assignee shall be deemed approvedsolely responsible for and shall pay any sales, use or transfer taxes or similar taxes payable with respect to any applicable governmental authority to the transfer of the FF&E to Assignee and Assignee hereby agrees to indemnify, defend, protect and hold Assignor harmless from and against any and all claims, losses and damages, including without limitation, reasonable attorneys’ fees and disbursements, which may at any time be asserted against or suffered by Assignor by reason of Assignee’s failure to pay any applicable taxes.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building located at One Campus Martius, Detroit, Michigan, consisting of Riverside, and State approximately 1,025,764 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements the 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, the land upon which they are situated and the parking garages situated adjacent to and under the Building (such garages collectively being referred to as defined the “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of which is contained on Exhibit “B” attached hereto.
(b) The rentable area of the Premises, as well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the Work Letter attached hereto rentable area of the Premises, as Exhibit "B" 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 ("Work Letter"20%) to percent.
(c) The rentable square foot area of the Premises shall be constructed measured by Landlord’s Architect, including and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by ▇▇▇▇▇▇▇▇’s architect, an approximately independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly.
(d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred thirty thousand sixty-five (330,000365) square foot building days a year using card readers, or keys.
("Building"e) and all other improvementsSubject to the limitations set forth herein, 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in effect on or to the Effective Date Building and the Parking Structure and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of this Lease the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as specified Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) approved 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 deemed approved 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 1.1or other provisions of this Lease, Landlord shall ("Permitted Encumbrances"a) and 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 lawobligation of Tenant under this Lease, regulation, rule, order or ordinance (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 governmental entity applicable 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 use Premises by Landlord, other than due to an Emergency (as hereinafter defined) or occupancy thereofrequired by Law (as hereinafter defined), in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject performed at such times and in such manner, as to create 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 least practicable interference with Tenant’s use or occupancy by Tenant of the Premises for its intended purpose. Tenant and (z) no such work by ▇▇▇▇▇▇▇▇, other than due to an Emergency or required by Law, 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 reduce the square footage of the delivery floor area of the written reminder noticePremises 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 new Title Matter shall be deemed approvedforegoing activities which require work in the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Paragraph 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” hereto in the County of Riversidebuilding commonly known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ▇▇▇▇, ▇▇▇▇▇▇▇▇ ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the parking (subject to the provisions of Paragraph 36 hereof) and common facilities which may from time to time be furnished by Landlord in common with Landlord and the Work Letter attached hereto as Exhibit "B" tenants and occupants ("Work Letter"their agents, employees, customers and invitees) to be constructed by Landlordof the Building. The Building and common areas, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") 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 all other improvements, machinery, equipment, fixtures Third Floors of the Premises may not be completed and other property (except Tenant's trade fixtures), delivered to be installed Tenant simultaneously. That one of the Second or located thereon Third Floor which is first completed and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land delivered to Tenant is herein referred to as “Phase One” and the Improvements are other such Floor is herein referred to collectively 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 "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the “Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and Date.”
(b) any lawThe usable square foot area of the Premises, regulationas well as the Building shall be computed based upon the BOMA American National Standards Z65.1 1996, ruleand the rentable area of the Premises, order as well as the Building, shall contain a proportionate share of the common areas of the 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 ordinance calculation by Landlord’s architect, ▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as the “Independent Architect”) shall promptly measure such portion of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters 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 allowed access to the review Premises and approval 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, provided that 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 new Title Matter shall be deemed approvedinterfere with Landlord’s construction activities.
Appears in 2 contracts
Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Premises. (a) Landlord, for and in consideration of the rents, rents to be paid and covenants and agreements hereinafter set forthto be performed by Tenant, does hereby leases to lease unto Tenant and Tenant hereby leases from Landlord, upon and subject to premises comprised of approximately 20,000 square feet of leasable space (the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated "Premises") in the shopping center owned by Landlord containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, in the City of Cleveland, County of Riverside, Cuyahoga and State of California delineated Ohio (the "Center"). The location, size, and area of the Premises and of the Center as of the Commencement Date (defined below) will be substantially as shown on Exhibit "A" attached hereto and incorporated herein made a part hereof (the "LandSite Plan"), together with those certain Landlord's Improvements as defined in . A legal description of the Work Letter Center is attached hereto as Exhibit "B" and made a part hereof.
("Work Letter"b) The square footage specified in Section 1(a) shall be certified to be constructed Tenant by Landlord, including an approximately three hundred thirty thousand 's architect prior to the Rent Commencement Date (330,000defined in Section 3(b) 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"below). Herein Tenant shall have ninety (90) days from the Land receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the Improvements are referred to collectively as 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". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds If the square footage of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto verified and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved confirmed by Tenant pursuant to this Section 1.11(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area.
(c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that it shall be used as a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (i) reduce the ratio of parking spaces (for standard size American cars) to gross leasable area of buildings in the Center below five (5) spaces per 1,000 square feet of leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the "Permitted EncumbrancesProtected Area", (iii) and interfere with truck access to the loading doors of the Premises, (biv) any lawmaterially adversely interfere with customer access to the Premises, regulation(v) materially adversely interfere with the visibility of the Premises from the roads providing direct access to the Center, rule, order or ordinance (vi) result in the construction of any governmental entity applicable buildings in the area designated "No Build Area" on the Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord shall use good faith, commercially reasonable efforts to prevent any interference with parking for, access to or visibility or use of the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval business 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 any subtenant or licensee 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 new Title Matter shall be deemed approvedTenant.
Appears in 2 contracts
Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant the premises described in Section 1. and Tenant hereby leases from Landlordin EXHIBIT A (the "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, upon and subject including, without limitation, that work which Landlord is required to perform pursuant to the termsprovisions of Section 29 below, covenants (2) the terms and conditions hereinafter representations of this Lease, including, without limitation, those set forth, all that certain parcel of land situated forth in the County of RiversideSections 8 and 29 below, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain 3) Landlord's Improvements agreement to cause the Project to comply with any notice (as defined in the Work Letter attached hereto as Exhibit subclause (A) and (B) below, a "B" ("Work LetterGOVERNMENTAL NOTICE") to be constructed by Landlord, including an approximately three hundred thirty thousand which is (330,000A) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed issued either before or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein after 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective 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 purpose of causing the Project to be in compliance with a zoning, municipal, federal, county or state law, ordinance or regulation in effect as of the date 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 accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. The rentable square footage of the Premises shall include a portion of the common area of the Project and the occupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Exhibit "C" attached hereto Section 1. and incorporated herein will not hereafter challenge such determination and agreement. Landlord shall have the right, in Landlord's sole good faith discretion: ("Preliminary Report"i) or to make changes, including, without limitation, changes in the location, size, shape, number and appearance to the Project (excluding the Premises to the extent that size, 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) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) close temporarily any law, regulation, rule, order or ordinance part of any governmental entity applicable the Project for maintenance purposes so long as 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 use Project or occupancy 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 effect on the execution exercise of this Lease or thereafter promulgated. In sound business judgment deem to be appropriate, provided (x) none of the event that, after the Effective Date above adversely interferes in any new Title Matters appear of record, such matters shall be subject specific and significant manner given Tenant's actual requirement with respect to the review and approval utilization 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 affected portion of the Premises for its intended purpose. 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 by Tenant shall deliver written to Landlord promptly following receipt by Tenant of notice to from 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 new Title Matter shall be deemed approvedintended activities.
Appears in 2 contracts
Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building commonly known as the ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Boulevard, Detroit, Michigan, consisting of Riverside, and State approximately 65,250 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 common with Landlord and the Improvements tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas are hereinafter referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect “Development,” more particularly described on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and “B” hereto.
(b) any lawThe rentable area of the Premises, regulationas well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ruleANSI/BOMA Z65.1-2010, order or ordinance and the rentable area of any governmental entity applicable 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 twelve percent.
(c) The rentable square foot area of the Premises shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the use or occupancy thereof, in effect Premises and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters certification and Section 1(h) shall be subject revised accordingly.
(d) Tenant shall be allowed access to the review Premises and approval 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 which approval shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be withheld so long in the same general location and have the same general utility as the new Title Matter does not materially and adversely impair access afforded on 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 new Title Matter shall be deemed approvedCommencement Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. LandlordThe Premises shall be modified and expanded from approximately 10,089 gross leasable square feet to approximately16,786 gross leasable square feet by the addition of approximately 6,697 gross leasable square feet (the “Expansion Premises”) to the Original Premises. The Expansion Premises shall be as shown as the cross-hatched area on Exhibit A hereto (the contents of which are incorporated hereby by reference). The definitions of “Premises”, for “Leased Premises” and in consideration “Tenant’s Gross Leasable Area” under section 1.4 of the rentsOriginal Lease are hereby amended, covenants from and agreements after the New Commencement Date (as hereinafter set forthdefined) to include the Expansion Premises for all purposes under the Lease, hereby leases to Tenant and Tenant hereby leases from Landlordas amended by this First Amendment. For purposes of this Lease, upon and subject “square feet of gross leasable area” shall mean “rentable area” calculated pursuant to the termsStandard Method for Measuring Floor Area in Office Buildings, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ANSJ/BOMA 265.1 -1996 ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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"“BOMA”). Herein Within thirty (30) days following the Land and date Tenant commences its occupancy of the Improvements are referred Expansion Premises, Tenant may, at its sole discretion, elect to collectively as cause the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds number of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date square feet of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 gross leasable area of the Premises for its intended purposeto be verified by Tenant’s space measurement consultant, and such verification shall be made in accordance with the provisions of this section. Landlord’s architect may consult with Tenant’s space measurement consultant regarding verification of the number of square feet of gross leasable area of the Premises; however, the determination of Tenant’s space measurement consultant shall, except as provided below, be conclusive and binding upon the parties. If Landlord disagrees with the square footage as determined by Tenant’s space measurement consultant and gives Tenant shall deliver written notice to thereof within fourteen (14) days after the date Landlord of its approval or disapproval received written notice of such Title Matters determination, Landlord and Tenant shall, in good faith, attempt to resolve the disagreement. If Landlord and Tenant are unable to resolve the disagreement within ten (10) days after delivery following the date Tenant receives Landlord’s disagreement notice, then the parties shall promptly appoint a mutually acceptable architect to remeasure the Premises in accordance with BOMA, and the determination of such architect shall be binding upon Landlord and Tenant. The cost of such architect shall be home by Landlord unless such architect determines that Tenant’s measurement was error by more than three percent (3%), in which event Tenant shall pay for the cost of such architect. In the event that the foregoing measurement determines that the amounts thereof shall be different from those set forth in the Lease, as amended by this First Amendment, Landlord shall modify all amounts, percentages and figures appearing or referred to in this First Amendment to conform to such corrected rentable square footage (including, without limitation, the amount of the “Base Monthly Rent” and “Tenant’s Allocated Share” as those terms are defined in this First Amendment). If such modification is made, it will be confirmed in writing 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 new Title Matter shall be deemed approvedTenant.
Appears in 2 contracts
Sources: Lease (Nevro Corp), Lease (Nevro Corp)
Premises. LandlordSubject to the terms of this Lease, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the entirety of the Premises. Tenant accepts the Premises in its “AS IS” condition, upon and subject without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to the termsCommencement Date, covenants representatives of Landlord and conditions hereinafter set forthTenant shall conduct a 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, all that certain parcel of land situated in then Landlord shall promptly repair the County of Riverside, same at Landlord’s expense. Landlord and State of 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 "B" ("Work Letter") to 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) acknowledge that all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") 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 trash enclosure, and (iv) complete any law, regulation, rule, order other work or ordinance of any governmental entity applicable improvements to the Premises or required by the use or occupancy thereofCity of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, in effect on the execution of this Lease or thereafter promulgated“Landlord’s Work”). In the event that, after the Effective Date any new Title Matters appear of record, such matters Landlord’s Work shall be subject completed in accordance with all Laws and regulations of the City of Sunnyvale, 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 review and approval parking spaces striped by or on behalf of Tenant which approval Landlord shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant of legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for its intended purposeTenant’s use. Furthermore, all data wiring serving the Premises and existing prior to the Commencement Date (the “Cabling”) shall remain intact and in place, and Tenant shall deliver written notice have the right to use such Cabling during the Term, but any changes to the Cabling shall be at Tenant’s sole expense. Landlord represents and warrants that to Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a trash enclosure if the user of the Building does not compost all 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 new Title Matter shall be deemed approvedwaste.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord those premises (hereinafter referred to as the “Premises”), upon described in Section 1(d) hereof and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated designated on Exhibit “A” attached hereto in the County building commonly known as the ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, consisting of Riverside, and State approximately 271,500 rentable square feet of California delineated on Exhibit "A" attached hereto and incorporated herein floor area ("Land"hereinafter referred to as the “Building”), together with those certain Landlord's Improvements as defined the non-exclusive right and easement to use the common facilities which may from time to time be furnished by Landlord in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 common with Landlord and the Improvements tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas are hereinafter referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect “Development,” more particularly described on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and “B” hereto.
(b) any lawThe rentable area of the Premises, regulationas well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ruleANSI/BOMA Z65.1-2010, order or ordinance and the rentable area of any governmental entity applicable 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 twelve percent.
(c) The rentable square foot area of the Premises shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the use or occupancy thereof, in effect Premises and its determination shall be binding on the execution of this Lease or thereafter promulgatedparties. In the event thatsuch certification or determination shall contain a rentable square foot area different than that previously utilized, after Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Effective Date any new Title Matters appear of record, rentable square foot area set forth in such matters certification and Section 1(k) shall be subject revised accordingly.
(d) Tenant shall be allowed access to the review Premises and approval 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 which approval shall not materially interfere with Landlord’s construction activities. Access to the Premises shall be withheld so long in the same general location and have the same general utility 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 new Title Matter shall be deemed approvedaccess afforded on each applicable Commencement Date.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon for the term and subject to and with the benefit of the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions agreements and other matters affecting the Premises ("Title Matters") (i) in effect provisions hereof premises consisting of approximately 7,791 rentable square feet on the Effective Date of this Lease fourteenth (14th) and fifteenth (15th) floors as specified in more particularly shown on Exhibit "C" “A” attached hereto and incorporated herein made part hereof ("Preliminary Report"the “Premises”) or in the building commonly known as Central Plaza I (iithe “Building”), located on Land (the “Land”) approved or located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, together with rights of ingress and egress thereto, and with the right in common with others to use the elevators and common passageways, stairways and vestibules, and to pass over on that portion of land owned by Landlord. For purposes of this Lease, the Premises shall be deemed approved pursuant to this Section 1.1consist of approximately 7,791 rentable square feet and the Building shall be deemed to be 123,810 rentable square feet. Landlord hereby reserves the right to re-measure the Building from time to time and Tenant’s Proportionate Share (as defined in Exhibit “D”) shall be adjusted accordingly but shall not increase from the amount set forth herein. Landlord represents and warrants that upon Substantial Completion of Landlord’s Work, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 fifteenth (15th) floor portion of the Premises for its intended purpose. Tenant shall deliver written notice via the stairwell connecting the same to Landlord of its approval or disapproval of such Title Matters within ten the fourteenth (1014th Floor) 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 floor portion of the delivery Premises will be in compliance with, and sufficient for compliance with, all applicable Legal Requirements and that notwithstanding the performance of Landlord’s Work, no upgrades or improvements are necessary for Tenant to legally access, use and occupy the fifteenth floor portion of the written reminder notice, Premises throughout the new Title Matter shall be deemed approvedLease Term.
Appears in 2 contracts
Sources: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby (a) Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon Suite No. 160, which the parties stipulate and subject to agree is five thousand one hundred and ninety-eight (5,198) rentable square feet (“RSF”) shown on the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter space plan attached hereto as Exhibit "B" “A” ("“Premises”), located in the building and common areas (collectively, the “Building”) at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Effective Date.
(1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and lighting in place to the extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as needed and otherwise perform any 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 (collectively, the “Landlord’s Work”). Landlord may complete the Landlord’s Work Letter"after the Lease Commencement Date (and shall do so outside of Building Hours to the extent commercially reasonable and in any event in a manner that does not unreasonably obstruct Tenant from using the Premises for ordinary office purposes), but in no event more than one hundred twenty (120) days after the Lease Commencement Date, which deadline (the “Landlord Work Deadline”) shall be extended as necessary due to be constructed any Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined). “Tenant Delay” means any delays as a result of Tenant’s requests to modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Landlord’s Work. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") those revisions 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters supplements shall be subject submitted to the review and approval of Tenant for approval, which approval shall not be unseasonably withheld so long as or delayed. In the new Title Matter does not materially and adversely impair event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the use or occupancy by Landlord Work Deadline and/or obstruct Tenant of from using 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 noticeordinary office purposes, the new Title Matter Fixed Rent Grace Period shall be deemed approvedappropriately extended.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and Landlord the Premises subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated provisions herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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"contained. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting has inspected the Premises ("Title Matters"and portions of the Property and Center providing access to or serving the Premises) or has had an opportunity to do so, and agreed to accept the same “AS IS” without any agreements, representations, understandings or obligations on the 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 (express or implied) with respect to the habitability, condition or suitability of the 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 Commencement Date, (i) in effect on the Effective Date Premises shall be free and clear of this Lease as specified in Exhibit "C" attached hereto occupants and incorporated herein ("Preliminary Report") or third party occupancy rights, (ii) approved or deemed approved pursuant to this Section 1.1the Building and the Premises and every part thereof, shall be in compliance with all applicable codes, laws, ordinances and regulations, ("Permitted Encumbrances"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 (biv) any lawthe structural elements of the Building, regulationthe electrical and lighting systems serving and within the Premises, rulethe life safety systems servicing the Premises, order or ordinance of any governmental entity applicable to 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 or and the use or occupancy thereof, in effect window coverings on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review Premises are all in good working order 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 new Title Matter shall be deemed approvedcondition.
Appears in 2 contracts
Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). The Project includes the ▇▇▇▇▇▇▇▇▇ Building (defined in Section 4.g below), but the ▇▇▇▇▇▇▇▇▇ Building is not included in the Real Property for purposes of this Lease. Tenant’s lease of the Premises shall include the right to use, in common with others and subject to the termsother provisions of this Lease, covenants the public lobbies, entrances, stairs, elevators and conditions hereinafter set forthother public portions of the Building, all as well as the common areas of the other portions of the Project that certain parcel of land situated in are pertinent to Tenant’s occupancy or use of, or access to, the County of Riverside, Premises and State of California delineated on Exhibit "A" attached hereto and incorporated herein the Parking Facility ("Land"), together with those certain Landlord's Improvements as defined in Paragraph 53 below) (collectively, the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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"“Common Areas”). Herein Tenant shall comply with all recorded covenants, conditions and restrictions (“CC&R’s”) currently or hereinafter affecting the Land Project and the Improvements are referred to collectively as the "Premises". Tenant acknowledges agrees that this Lease is shall be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and subject to (a) all liensthis Lease will not be subordinate to, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises 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 the extent that Tenant is granted the right to the use of an allocation of conduits or occupancy thereof, in effect on riser space pursuant to the execution terms of this Lease Lease, all of the windows and outside walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or thereafter promulgated. In the event thatother utilities or Building facilities are reserved solely to Landlord and Landlord shall, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review and approval provisions 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 Paragraph 23 below, have rights of access through the Premises for its intended purpose. Tenant shall deliver written notice to Landlord the purpose 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 operating, maintaining and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days of repairing the delivery of the written reminder notice, the new Title Matter shall be deemed approvedsame.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Lessee a portion of that certain parcel of land situated in Property, hereinafter defined, as well as antenna space on the County tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Riverside, Lessee’s equipment and State of California delineated antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit "A" A and Exhibit A-1, attached hereto and incorporated herein made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred ("Land")600) square feet, together with those certain Landlord's Improvements 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 defined in Map Number and Description ▇▇ ▇▇▇ ▇▇ ▇▇. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the Work Letter attached hereto as Exhibit "B" ("Work Letter") Property leased to be constructed by Landlordthe Lessee, including an approximately three hundred thirty thousand 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 and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to this Agreement.
b. The Lessee shall have the non-exclusive right for access, and ingress and egress, seven (330,0007) square foot building days a week, twenty-four ("Building"24) and all other improvementshours a day, machineryon foot, equipment, fixtures and other property (except Tenant's trade fixtures)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 installed or located thereon and all additionspermitted to enter such Premises. Notwithstanding the foregoing, alterations and replacements thereof (collectively "Improvements"). Herein Lessor grants to Lessee, the Land and the Improvements are referred right of access to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") and other necessary areas of the Property), for its permitted uses subject to the terms and conditions noted in the prime lease, license or other similar agreement with a third party (i) where applicable), for a particular location or site, which prime lease, license, or other similar agreement with a third party, shall be in effect on full force and effect, with same being attached to this Agreement as Exhibit C, when applicable. Lessor also grants to Lessee the Effective Date of this Lease easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as specified detailed in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant A. Additionally, the Lessor grants to this Section 1.1Lessee any specific right of way for access, ("Permitted Encumbrances") and (b) any lawfrom the nearest public right-of way, regulationOld Cryors Road, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofPremises, in effect on the execution of this Lease or thereafter promulgated. as described Exhibit A. In the event thatany public utility is unable to use the aforementioned rights-of-way or easement, after the Effective Date any new Title Matters appear of recordLessor hereby agrees to grant an additional right-of-way, such matters shall be subject either to the review and approval of Tenant which approval shall not be withheld so long as Lessee or to the new Title Matter does not materially and adversely impair public utility, at no cost to 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 new Title Matter shall be deemed approvedLessee.
Appears in 2 contracts
Sources: Tower Site Lease Agreement, Tower Site Lease Agreement
Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel Rentable Floor Area of land situated Tenant's Space in the County of RiversideBuilding (hereinafter, and State of California delineated on Exhibit the "A" attached hereto and incorporated herein ("LandTenant's Space"), together with those certain Landlordthe appurtenances described below. Tenant's Improvements Space as defined 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 the Park, as hereinafter defined, the areas shown on the Plan attached hereto as part of Exhibit A as "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 Work Letter 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 "Park") from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Park attached hereto as Exhibit "B" A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that ("Work Letter"i) any amendments or modifications to 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 such Common Area will not materially adversely effect Tenant's trade fixtures), ability 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 trust, reservations, covenants, conditions, restrictions and other matters affecting access the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved Landlord will provide Tenant prior written notice thereof and (iii) provided further that any such amendments or deemed approved pursuant modifications to this Section 1.1the Common Areas are reasonably functionally equivalent to the portion of the Common Areas that they amend or replace, ("Permitted Encumbrances") and (b) any lawall rights of ingress and egress to and from the Building and to and from the Park, regulationall service areas, ruledrainage structures and areas for surface water runoff, order 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 ordinance visitors parking areas for use of any governmental entity applicable the entire Park, if any, (e) all other rights appurtenant to the Premises or Lot and the use or occupancy thereofBuilding, in effect on the execution of this Lease or thereafter promulgated. In the event thatand (f) all utility lines, after the Effective Date any new Title Matters appear of recordelectricity, such matters shall be subject to the review water and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially sewage disposal pipes 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 new Title Matter shall be deemed approvedstructures.
Appears in 2 contracts
Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, The Landlord hereby leases to Tenant the Tenant, and the Tenant hereby leases from the Landlord, upon and subject for the Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated fulfill Landlord’s obligations as outlined in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Tenant/Landlord Responsibility Matrix attached hereto as Exhibit "B" 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 Letter"does not materially interfere with the construction of Tenant’s Work); (ii) to be constructed by Landlorddemolition and disposal of the existing improvements in the Premises, including an approximately three hundred thirty thousand (330,000iii) square foot installation of a new centralized lab-ready base building ("Building") HVAC system, delivery of mechanical electrical, life safety 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 trust, reservations, covenants, conditions, restrictions and other matters affecting plumbing systems serving the Premises in good operating condition and repair, and ("Title Matters"iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in effect on this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Effective Date Property and the terms and conditions of this Lease as specified . Landlord shall perform the Landlord’s Work in Exhibit "C" attached hereto a good and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1workmanlike manner, ("Permitted Encumbrances") free from faults and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofdefects, in effect on compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the execution 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 this Lease or thereafter promulgatedthe Landlord’s Work scheduled to occur no later than May 31, 2018 (the “Landlord’s Work Target Date”). In the event thatthat 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 Effective Date any new Title Matters appear of recordInitial Delivery Deadline, such matters 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 the review and approval extension for each day of Tenant which approval shall not Delay pursuant to the Work Letter, this Lease may be withheld so long as the new Title Matter does not materially and adversely impair the use or occupancy terminated by Tenant of the Premises for its intended purpose. Tenant shall deliver Tenant, effective upon written notice delivered to Landlord of its approval or disapproval of such Title Matters within no later than the date that is ten (10) days after delivery by Landlord to Tenant of such new Title MatterOutside Delivery Deadline. If Tenant fails has not delivered such written notice of termination to respond Landlord within such ten 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 (10i.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) day days after Landlord receives the Punch List and shall give Tenant written notice when all of the items on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be installed within the Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (a “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne by Tenant or payable out of the LIA (as defined in the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of record encumbering the Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and occupancy of the Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord with respect to the Premises, 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. Landlord represents and warrants to Tenant that, to the best of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord delivers a written reminder notice covenants to Tenant 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 full power and Tenant fails authority to respond within five enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (5d) days of no other party has any possessory right to the delivery of Premises or has claimed the written reminder notice, the new Title Matter shall be deemed approvedsame.
Appears in 2 contracts
Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)
Premises. Landlord, for Subject to and in consideration of accordance with the rentsprovisions hereof, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from 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, upon 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 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, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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)terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises ("Title Matters"remain reasonably accessible. Landlord agrees that during the Term of the Lease it will not make any 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) (i) in effect on had occurred during the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (Base Year; b) any law, regulation, rule, order or ordinance of any governmental entity applicable ] materially impair access to the Premises or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the use Parking Facility at one or occupancy thereofmore times during the Term, which expansion will in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject some way affect access to the review and approval Parking Facility provided, however, that 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 approval shall not alternative parking location will be withheld so long as no more than a five (5) minute walk from 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 Building and, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Landlord of its approval or disapproval of such Title Matters within Tenant) a shuttle service that will be scheduled to run no less than every ten (10) days after delivery by Landlord minutes between the hours of 8:00 a.m. to Tenant 6:00 p.m., Monday through Friday, with the exception of such new Title Matter. If Tenant fails holidays; or, c] materially impair Tenant’s ability 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 use the delivery of Premises for the written reminder notice, the new Title Matter shall be deemed approvedAuthorized Use.
Appears in 2 contracts
Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)
Premises. ARTICLE 2 - LEASE TERM of the Lease is hereby amended such that the fifth (5th) and sixth (6th) sentences thereof shall read as follows: "Landlord has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises 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"), 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 and in consideration any reason, cannot deliver possession of the rents, covenants and agreements hereinafter set forth, hereby leases A Remaining Premises to Tenant and on the RPA Commencement Date (in the condition that exists on the day after the Existing Tenant hereby leases from Landlordvacates the A Remaining Premises), upon and or cannot deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (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 terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as specified appropriate, shall be extended commensurately by the period of time Landlord is delayed in Exhibit "C" attached hereto 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 use the A Remaining Premises and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the B Remaining Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject and subordinate to the review rights of Phoenix; and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the no use or occupancy by Tenant may unreasonably interfere with the rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the Premises for its intended purpose. Tenant shall deliver written notice Lease, references 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 new Title Matter "RP Commencement Date" shall be deemed approvedto be references to the "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. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated forth in this Lease the County of Riverside, and State of California delineated on (the "Premises") shown Exhibit "A" A attached hereto and incorporated herein described in the Basic Lease Information, which Premises are located in the building (the "LandBuilding") 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, together 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 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 Campus other than the Premises. Landlord reserves the right to close, make alterations or additions to, or change the size, configuration, use and location of elements of the Building and the Campus 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, 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 those 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 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 Landlord's Improvements information concerning the energy performance of the Building pursuant to California Public Resources Code Section 25402.10 and the regulations adopted pursuant thereto (collectively the "Energy Disclosure Requirements"). Tenant acknowledges prior receipt of the Data Verification Checklist, as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Energy Disclosure Requirements, and agrees that Landlord has timely complied in full with 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 obligations under the Land and the Improvements are referred to collectively as the "Premises"Energy Disclosure Requirements. Tenant acknowledges and agrees that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (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 effect on the Effective Date of Data Verification Checklist. If and to the extent not prohibited by applicable Jaw, Tenant hereby waives any right it may have to receive the Data Verification Checklist, including, without limitation, any right Tenant may have to terminate this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant a result of Landlord's failure to this Section 1.1disclose such information. Further, ("Permitted Encumbrances") and (b) Tenant hereby releases Landlord from any law, regulation, rule, order or ordinance of any governmental entity applicable liability Landlord may have to Tenant relating to the Premises or 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 use or occupancy thereof, in effect on Energy Disclosure Requirements to Tenant prior to the execution of this Lease or thereafter promulgatedLease. In the 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 ▇▇▇▇▇▇'s acceptance of the Premises for its intended purpose. Tenant shall deliver written notice pursuant to Landlord the terms 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 new Title Matter this Lease shall be deemed approvedto include Tenant's approval of the energy performance of the Building and the Data Verification Checklist.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to unto Lessee the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Premises, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordbenefit of, 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 (aas the case may be) all liensrights, encumbrances, deeds of trust, reservationseasements, covenants, conditions, encumbrances, encroachments and restrictions and other matters affecting of record as of the Premises ("Title Matters") (i) in effect on date of this Lease. Lessor shall have the Effective Date 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 as specified in Exhibit "C" attached hereto such additional rights, easements, covenants, conditions, encumbrances, encroachments and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable restrictions with respect to the Premises Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or the restrictions shall materially affect Lessee’s use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 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 that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. Lessee, its intended purposeemployees and invitees shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Tenant Lessee shall deliver 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 after Lessor gives written notice to Landlord Lessee of its approval or disapproval the amount 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 new Title Matter shall be deemed approvedcharges.
Appears in 2 contracts
Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all Landlord has heretofore obtained a long-term ground lease covering that certain parcel tract of land real property situated in the County University of RiversideUtah Research Park in Salt Lake City, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Utah, together with those certain Landlord's Improvements as defined more particularly described in the Work Letter attached hereto as Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as the "Work LetterProperty"). Landlord owns a building on the Property referred to in Section 1.01 (H) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building (hereinafter the "Building") suitable for use as office research and all other improvementsdevelopment space, machinery, equipment, fixtures together with related parking facilities and other property (except Tenant's trade fixtures), improvements necessary to enable to the Building to be installed or located thereon so used (the Building and all additions, alterations related facilities and replacements thereof (improvements are hereinafter collectively referred to as the "Improvements"). Herein In consideration for the Land rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Improvements are Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to collectively as the "Premises" or "Leased Premises"), located in the Building. Tenant acknowledges that this Lease is subordinate Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and subject roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting such access rights through the Premises ("Title Matters") (i) in effect on as may be reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the Effective Date balance of this Lease the building and reserved areas and elements as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") set forth above; and (b) any lawthe right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, regulationLandlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, ruleinterference or damage to Tenant when making modifications, order additions or ordinance of any governmental entity applicable repairs. Subject to the Premises or provisions of Article VIII, Tenant and its customers, agents and invitees have the use or occupancy thereofright to the non-exclusive use, in effect on common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the execution of this Lease or thereafter promulgated. In the event thatBuilding, after the Effective Date any new Title Matters appear of recordexcept that with respect to non-exclusive automobile parking spaces, such matters Tenant shall be subject cause its employees 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 park their cars only in areas specifically designated from time to time by Tenant of the Premises Landlord for its intended that purpose. Landlord shall have the right to designate, in its sole business judgment, certain spaces as "customer" parking spaces and Tenant shall deliver written notice use its best efforts to Landlord of cause its approval or disapproval of such Title Matters within ten (10) days after delivery by Landlord employees not 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 new Title Matter shall be deemed approvedpark in said customer parking.
Appears in 2 contracts
Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)
Premises. Landlord, for and in In consideration of the rentsagreements, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, requirements, provisions and restrictions to be kept, observed, performed, satisfied and complied with by Tenant, and of the Minimum Rent specified and provided for in this Lease, and upon the terms and conditions 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, subject to the following:
(a) Landlord's written approval, in 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 Operating Conditions, Rules and Regulations, 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 or a review of title matters affecting the Site; and
(e) All terms and conditions 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 Premises ("Title Matters") (i) Site. This Lease shall 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 effect 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 addition, Tenant agrees to use its best efforts to ensure that Tenant's lenders or creditors, and the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") lenders or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance creditors of any governmental entity applicable to the Premises or the use or occupancy thereofsubtenant and/or assignee, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date execute 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 all documents reasonably required by Landlord to Tenant of in connection with 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 subdivision, lot tie, easement or other matter affecting the delivery of the written reminder notice, the new Title Matter shall be deemed approvedSite.
Appears in 2 contracts
Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)
Premises. LandlordLandlord hereby leases the Premises to Tenant upon the terms and conditions contained herein. Landlord hereby grants to Tenant a license for the right to use, for on a non-exclusive basis, parking areas and in consideration ancillary facilities located within the Common Areas of the rentsPark, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the termsterms of this Lease; provided, covenants and conditions hereinafter set forthhowever, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to such license shall only 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") revocable (i) if Tenant is in effect on the Effective Date default of its obligations under this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") beyond applicable cure periods, or (ii) approved upon the expiration or deemed approved pursuant to earlier termination of this Section 1.1Lease. For purposes of this Lease, (the term "Permitted Encumbrances") Premises" shall mean and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable refer to the Premises or entirety of both of the use or occupancy thereofBuildings, in effect on namely, Building A and Building B situated within the execution Park. Landlord and Tenant hereby agree that for purposes of this Lease, as of the Lease or thereafter promulgated. In Date, the event thatrentable square footage area of the Premises, the Buildings, the Lot and the Park shall be deemed to be the number of rentable square feet as set forth in the Basic Lease Information on Page 1; provided, however, within fifteen (15) days after the Effective Date any new Title Matters appear date on which Landlord causes the Buildings to be Substantially Completed (as such term is defined in Exhibit B hereto), Tenant may have its architect verify the actual rentable square feet contained within the Premises (i.e. the Buildings), provided that the basis of record, such matters measurement shall be subject measured from drip line to drip line and not in accordance with BOMA standards. Tenant hereby acknowledges that 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 rentable square footage of the Premises may include a proportionate share of certain areas used in common by all occupants of the Buildings (for its intended purposeexample an electrical room or telephone room). Landlord and Tenant hereby acknowledge and agree that as of the Lease Date the Buildings have not been constructed on the Lot. After Landlord has Substantially Completed (as such term is defined in Exhibit B hereto) the Shell Improvements, Landlord and Tenant shall execute a written amendment to this Lease, substantially in the form of Exhibit F hereto, wherein the parties shall specify the (i) actual approximate rentable square footage of each of the Premises, the Buildings and the Park, (ii) actual amount of Base Rent to be paid by Tenant, which shall be based upon the amount of base rent per rentable square foot as set forth in the Basic Lease Information, (iii) actual amount of Tenant's Share of the expenses set forth in the Basic Lease Information, which share shall be based upon such approximate rentable square footages, and (iv) the Premises Addresses. Tenant shall deliver written notice further agrees that the number of rentable square feet of the Buildings, the Lot and the Park may subsequently change after the Lease Date commensurate with any modifications to Landlord any of its approval or disapproval of such Title Matters within ten (10) days after delivery the foregoing by Landlord due 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 any casualty to, or condemnation of, any portion of the delivery of the written reminder noticePremises, the new Title Matter and Tenant's Share shall be deemed approvedaccordingly change.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises as shown as attached Exhibit “A” within the Building (the Building and the lot on which it is located, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"“PROPERTY”), together with those certain Landlord's Improvements as defined 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 Work Letter attached hereto as 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 "B" “A-2” necessary to improve the Premises ("Work Letter") to be constructed by Landlordcollectively, 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 fixturesthe “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 applicable laws and regulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or located thereon and all additionsbefore September 28,2015, alterations and replacements thereof (collectively "Improvements"). Herein If Landlord fails to complete the Land and the Improvements are referred to collectively Landlord’s Work by November 1,2015, as the "Premises". 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 acknowledges that shall have the option of canceling and terminating this Lease by giving notice in writing to Landlord at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, In the event this Lease is subordinate so terminated, Tenant shall not be liable to Landlord on account of any covenant or obligation herein contained, and subject any security deposit shall be refunded to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting Tenant. For the Premises ("Title Matters") (i) in effect on the Effective Date purposes of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") Lease, “Force Majeure” shall mean strikes, lock-outs, riots or (ii) approved or deemed approved pursuant to this Section 1.1other labor troubles, ("Permitted Encumbrances") and (b) unavailability of materials, a national emergency, any law, regulation, rule, order or ordinance regulation of any governmental entity applicable to authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved.Landlord’s control
Appears in 2 contracts
Sources: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the County City of RiversideXXXX, and State of California delineated California, said land or interest therein being shown on the map or plat marked Exhibit "“A," attached hereto and incorporated herein by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the above-described Premises occupied by the supports and foundations of the existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work LetterCASp") to be constructed determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by Landlorda 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, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") 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 all other improvementsmanner of the CASp inspection, machinerythe payment of the fee for the CASp inspection, 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 cost of making any repairs necessary to collectively as correct violations of construction-related accessibility standards within the "Premises"premises. Tenant acknowledges that this This Lease is subordinate and subject to (a1) 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 liens, encumbrances, deeds of trust, reservationseasements, covenants, conditions, restrictions restrictions, reservations, rights of way, liens, encumbrances and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1record, ("Permitted Encumbrances"3) and (b) any law, regulation, rule, order or ordinance all matters discoverable by physical inspection of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall that would 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 discovered by Tenant an accurate survey 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 and (104) days after delivery by Landlord all matters known to Tenant or of such new Title Matter. If which 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 has notice, constructive or otherwise, including, without limitations, those shown on the new Title Matter shall be deemed approved.attached map Exhibit "A.”
Appears in 2 contracts
Sources: Right of Way Use Agreement, Right of Way Use Agreement
Premises. Landlord, for and in consideration The Premises shall be expanded to include the 11,654 rentable square feet consisting of the rents21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), covenants from and agreements hereinafter set forth, hereby leases after the Effective Date or such later date on which the 21st Floor Space is delivered to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Required Condition ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" below) ("Work Letter") to 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"“21st Floor Inclusion Date”). Herein the Land and the Improvements are referred The Premises shall be further expanded to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to include (a) the 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of the 22nd Floor described on Exhibit A-2 hereto (“22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as may be consented to by Tenant, or on such later date on which the 22nd Floor Space and 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 “22nd and 23rd Floor Inclusion Date”. Tenant shall accept the ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and 23rd Floor Spaces in their “as is”, “where is” condition, and “with all liensfaults”, encumbrancesprovided however, deeds each of trustsaid spaces shall, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of this Lease as specified in Exhibit "C" attached hereto (i) all tenancies and incorporated herein ("Preliminary Report") or occupants, (ii) approved violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the spaces, and the asbestos is not in friable condition, or deemed approved pursuant is or can be encapsulated, then Landlord will have no obligation to this Section 1.1remove 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 conditions noted in (i), ("Permitted Encumbrances"ii) and (biii) any lawabove are the ‘Required Condition”). LANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, regulationEXPRESS OR IMPLIED, ruleRESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofINCLUDING WITHOUT LIMITATION (A) ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, in effect on the execution of this Lease or thereafter promulgated. In the event thatCONDITION OR TENANTABILITY, 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 OR (10B) 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 new Title Matter shall be deemed approvedANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Appears in 2 contracts
Sources: Lease (G Iii Apparel Group LTD /De/), Lease (G Iii Apparel Group LTD /De/)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises known as Tenancy No. XX-XXXXXX-XXXX-XX, located XXXX in the County City of RiversideXXXX, and State of California delineated California, said land or interest therein being shown on the map or plat marked Exhibit "“A," attached hereto and incorporated herein by this reference made a part hereof. 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 ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work LetterCASp") to be constructed determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by Landlorda 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, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") 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 all other improvementsmanner of the CASp inspection, machinerythe payment of the fee for the CASp inspection, 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 cost of making any repairs necessary to collectively as correct violations of construction-related accessibility standards within the "Premises"premises. Tenant acknowledges that this This Lease is subordinate and subject to (a1) approval by the Federal Highway Administration (FHWA) for rent at less than fair market value, (2) all liens, encumbrances, deeds of trust, reservationseasements, covenants, conditions, restrictions restrictions, reservations, rights of way, liens, encumbrances and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1record, ("Permitted Encumbrances"3) and (b) any law, regulation, rule, order or ordinance all matters discoverable by physical inspection of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall that would 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 discovered by Tenant an accurate survey 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 and (104) days after delivery by Landlord all matters known to Tenant or of such new Title Matter. If which 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 has notice, constructive or otherwise, including, without limitations, those shown on the new Title Matter shall be deemed approved.attached map Exhibit "A.”
Appears in 1 contract
Premises. LandlordThe Premises as described In (P)1. and Exhibit A, for are a portion of a building herein sometimes referred to as the"Building" identified in (P)1. The Premises, the Building, the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to as the "Property" as described in consideration of the rents, covenants (P)1. and agreements hereinafter set forth, Exhibit B. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the Term (as defined below), at the rental, and upon and subject all of the conditions set forth herein, the real property referred to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of RiversideBasic Lease Terms, and State of 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 "B" ("Work Letter") to 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")P)1. Herein the Land and the Improvements are referred to collectively as the "Premises", including rights to the Common Areas as hereinafter specified. Subject to any additional work Landlord has agreed herein to do, 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 accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease neither Landlord nor Landlord's Broker has made any representation or warranty as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 suitability of the Premises for its intended purposethe conduct of Tenant's business. Tenant shall deliver written notice acknowledges that prior to Landlord of its approval or disapproval of such Title Matters within ten the Commencement Date the square footage specified for the Premises in (10) days after delivery P)1. may be revised as reasonably determined by Landlord pursuant 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 the final approval of the delivery Preliminary Plan, in which case all amounts of the written reminder notice, the new Title Matter Base Rent and Security Deposit shall be deemed approvedadjusted accordingly. Tenant will not thereafter challenge such determination and agreement. The rental payable by Tenant pursuant to this Lease is not subject to revision in the event of any discrepancy in the rentable square footage for the Premises. (See (P)29.)
Appears in 1 contract
Sources: Standard NNN Lease (Infoseek Corp)
Premises. Landlord3.1 Lessor hereby leases to Tenant, and Tenant hereby rents from Lessor, the Premises as defined in Section 2.2, including all Improvements, as hereinafter defined, and together with all appurtenances, including use with others of the Common Areas, as hereinafter defined, to have and to hold unto Tenant for and in consideration of during the rents, covenants and agreements term hereinafter set forth.
3.2 Lessor reserves the sole and exclusive right, hereby leases from time to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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)time, to be installed or located thereon and all change the Premises in any way it may desire, including, but not limited to, construction of additions, alterations removal of building or parts of buildings and replacements thereof (collectively "Improvements"). Herein alteration of Common Areas.
3.3 Lessor reserves the Land sole and exclusive right to use all or any part of 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 roof of the Premises for its intended any purpose. Tenant ; 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 deliver written notice not be denied; to Landlord install, maintain, use, repair and replace within the Premises pipes, ducts, conduits, wires and all other mechanical equipment servicing other parts of its approval the Premises, the same to be in locations within the Premises as will not deny Tenant's use thereof; and to make any use it desires of the side or disapproval rear walls of the Premises, provided that such Title Matters within ten (10) days after delivery use shall not encroach on the interior of the Premises.
3.4 The Premises have been inspected 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 Tenant, and Tenant fails agrees to respond within five (5) days accept the same in their present "AS IS" condition and in the condition in which the Premises may be on the commencement date of this Lease, with the understanding that the Premises will be subject to ordinary wear and tear from the date hereof until commencement of the delivery of the written reminder notice, the new Title Matter shall be deemed approvedterm.
Appears in 1 contract
Sources: Premises Lease Agreement (Centra Financial Holdings Inc)
Premises. Landlord, for (a) This Lease shall be effective as between Landlord and in consideration Tenant as of the rents, covenants full execution and agreements hereinafter set forth, delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, Landlord upon and subject to the terms, covenants terms and conditions hereinafter set forthcontained herein the Premises, all that certain parcel of land situated which are more particularly described in the County of Riverside, and State of California delineated on Exhibit "A" A attached hereto and incorporated herein made a part hereof ("Land"the “Premises”), together with those certain Landlord's Improvements as defined in including any tenant improvements (the Work Letter attached hereto as Exhibit "B" ("Work Letter"“Tenant Improvements”) thereon presently existing or to be constructed by LandlordTenant in accordance with the “Lease Improvement Agreement” attached as Exhibit B, including an approximately three hundred thirty thousand which is made a part hereof by this reference. As hereinafter used in this Lease, the term “Building” shall refer to the entire structure which is synonymous with the Premises, and the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is situated. This 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.
(330,000b) square foot building Tenant acknowledges that, as of the Lease Date, the Building is vacant. Prior to the Commencement Date, Landlord and Tenant have agreed that Landlord will complete certain improvements to the Building ("Building"the “Base Building Work”) and all other improvements, machinery, equipment, fixtures and other property Tenant will complete certain improvements to the Building (except Tenant's trade fixturesthe “Tenant Improvements), both as more particularly described on Exhibit A-1 and Exhibit B attached hereto. The Tenant Improvements shall be funded in part by the Tenant Improvement Allowance and Additional Allowance as set forth in the Section 4.2 of the Lease Improvement Agreement. The Base Building Work shall be at Landlord’s sole cost and expense. Tenant agrees to construct the Tenant Improvements in compliance with all applicable laws, statutes and ordinances, and such construction shall be installed or located thereon consistent with the Building Standards attached as Schedule 2 to Exhibit B, subject to events preventing such compliance beyond the reasonable control of Tenant (provided that Tenant has advised Landlord in writing of such noncompliance and all additions, alterations and replacements thereof (collectively "Improvements"the specific reasons therefor). Herein Tenant may, not later than the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liensCommencement Date, encumbrancesat Tenant’s expense, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting have a licensed architect measure the Premises ("Title Matters"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 and Additional Allowance shall be proportionately adjusted; provided, however, that in no event (i) will such measurement result in effect on the Effective Date a Rent increase to Tenant of this Lease as specified in Exhibit "C" attached hereto and incorporated herein more than two percent ("Preliminary Report") 2%), or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to will the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 rentable area of the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of such Title Matters within be more than ten percent (10%) days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten greater than the “Office Area” (10as that term is defined in the BOMA Standard) 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 new Title Matter shall be deemed approvedPremises.
Appears in 1 contract
Sources: Lease Agreement (Health Net Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases and demises to Tenant and Tenant hereby leases and rents from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all certain space situated within the office building ("BUILDING") to be constructed on that certain parcel of land situated in the Town of Reston ("CITY"), County of RiversideFairfax ("COUNTY"), and State of California delineated Virginia ("STATE") legally described on Exhibit EXHIBIT "A" attached hereto and incorporated herein ("LandLAND") and shown and designated on the floor plan ("FLOOR PLAN") attached hereto as EXHIBIT "B" and incorporated herein ("PREMISES"), together . The Land and Building are sometimes referred to herein collectively as the "PROPERTY." The Premises shall contain approximately Thirteen Thousand Seven Hundred Twenty Two (13,722) rentable square feet. The Premises will be improved with those certain Landlord's Improvements improvements ("IMPROVEMENTS") described in that certain work letter dated of even date herewith attached hereto as defined Exhibit "D" ("WORK LETTER"). In the event of a conflict between the Work Letter and this Lease, this Lease shall prevail. Landlord and Tenant acknowledge that the size and configuration of the Floor Plan for the Premises may change during the process of preparing the Improvement Plans (as described in the Work Letter Letter) for the Premises. Upon approval of the Improvement Plans, Landlord and Tenant shall substitute the final Floor Plan designating the Premises for the Floor Plan attached hereto as Exhibit "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby City leases to Tenant Tenant, and Tenant hereby leases from LandlordCity, upon those “Existing Hangar” and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated Leasehold Improvements described on Exhibit "A" , attached hereto and incorporated herein by this reference ("Land"collectively, the “Leased Premises” or “Premises”) to be used solely by ▇▇▇▇▇▇ for the Authorized Activities as described in Section 4. The Leased Premises includes any all improvements made by the Tenant during the term of the Lease. Neither Tenant, nor any of its employees or agents, shall conduct, transact or otherwise carry on any business or service on the Premises that is not specifically authorized by this Lease.
3.1 Asphalt ramp space or concrete ramp space, for use in parking, maneuvering and maintaining Tenant’s vehicles and temporary storage of equipment and other items subject to the approval of the Director is referred to as (“the Ramp Area”). The Ramp Area, together if any, and the Leased Premises shall collectively be referred to as the Premises. The Premises includes gated asphalt, which is for auto parking only, unless express written authorization from the Director has been granted for other uses. All maintenance activity and related equipment parking is limited to the Leasehold Premises, as designated in Exhibit A. The Lessee intends to convert some of the ramp space to build out the Leasehold Improvements and at which time the amount of ramp space shall be modified. Tenant shall not conduct the activities authorized by this Section at any location on the Airport other than the location referred to herein in Exhibit A, unless authorized under another written agreement between City and Tenant.
3.2 “As-Is” Condition. ▇▇▇▇▇▇ has carefully examined the Premises and is satisfied with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") current condition, subject to any improvements to be constructed by Landlord, including Tenant pursuant to this Lease. The Premises shall be leased to Tenant in 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"is” physical condition. Tenant acknowledges that this Lease is subordinate no representation or warranty has been made by City concerning the Premises’ nature, quality or suitability for the Authorized Uses, or for any other purpose. ▇▇▇▇▇▇ accepts the Premises “as is”, and subject as being in good, safe and sanitary condition satisfactory for Tenant’s use. Subject to (a) the provisions of Sections 3.3 and 8 herein,Tenant assumes all liens, encumbrances, deeds risk and costs related to the development of trust, reservations, covenants, conditions, restrictions its Leasehold Improvements and its Authorized Uses and Tenant represents that it has made sufficient investigation with regard to the construction of its improvements and any other matters affecting relating to the Authorized Uses, Leasehold Improvements, and the Premises ("Title Matters") (i) to satisfy itself of all matters related thereto. No rights, easements or licenses, implied or otherwise, are or shall be acquired by Tenant hereunder except as expressly set forth in effect on this Lease. Without limiting the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") foregoing, Tenant acknowledges that City has made no representation or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance warranty regarding the existence of any governmental entity applicable to Hazardous Materials in, on, upon, under or about the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedAirport.
Appears in 1 contract
Premises. Landlord(a) Landlord does hereby demise, for rent and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases lease to Tenant and Tenant does hereby leases accept, rent and lease from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated approximately 183,084 rentable square feet located in the County of RiversideBuilding identified in the Summary (the “Premises”), and State of California delineated situated on the real property described in Exhibit "“A" ” attached hereto and incorporated herein ("the “Land"”), together with those certain Landlord's Improvements as defined in . The Premises is more particularly cross-hatched on the Work Letter drawing attached hereto as Exhibit "B" ("Work Letter") to be constructed “A-1” and made a part hereof 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")reference. Herein the The Land and the Improvements improvements thereon are referred to hereinafter collectively as called the "Premises". Tenant acknowledges that this Lease is subordinate “Property”.
(b) The Premises are demised, rented and let subject to (ai) all liensthe rights of any persons or entities in possession of the remainder of the Property; provided, encumbranceshowever, deeds that Tenant shall have exclusive use of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) and non-exclusive use of the Common Areas as described below in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or Section 1(d), (ii) approved or deemed approved pursuant to this Section 1.1the existing state of title of the Property, including all easements, agreements, covenants and restrictions affecting the Property, ("Permitted Encumbrances"iii) any state of facts which an accurate survey or physical inspection of the Property might show, (iv) all laws and legal requirements, and (bv) any lawthe condition of the Premises and the remainder of the Property as of the Commencement Date, regulationwithout representation or warranty by Landlord except as otherwise set forth herein.
(c) ▇▇▇▇▇▇ has inspected the Premises and agrees to accept the same “AS IS,” “WHERE IS” “WITH ALL FAULTS” without representation or warranty except as otherwise expressly set forth herein. Notwithstanding the foregoing, rule, order or ordinance of any governmental entity applicable Landlord shall paint and carpet the existing offices in the Premises using Landlord’s standard building materials (the “Landlord Work”). ▇▇▇▇▇▇ agrees to cooperate with Landlord in providing access to the Premises so that Landlord may complete the Landlord Work. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises.
(d) Tenant shall have the non-exclusive right, to use the grounds, sidewalks, driveways and alleys located on the Land which are intended for the common use of tenants (collectively, the “Common Areas”), subject to the Rules and Regulations (as defined in Section 13). Tenant may park cars in the parking area depicted on Exhibit “A-1” as Tenant’s Car Parking Area during normal business hours on a non-exclusive basis, subject to the Rules and Regulations. Tenant shall also have the exclusive use of Tenant’s Truck Parking Area depicted on Exhibit “A-1” for the parking of trucks, subject to the Rules and Regulations. Outside storage, including, without limitation, storage in containers, trucks, trailers and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Land, nor shall Tenant have or obtain any rights to the Common Areas other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, maintenance, configuration, repair and improvement of the Common Areas. Landlord may make such changes to the use or occupancy thereofconfiguration of, in effect on the execution or improvements comprising, or maintenance of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject repair to the review and approval of Tenant which approval Common Areas as Landlord may elect without liability to Tenant, provided that Tenant’s access to the Premises 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 new Title Matter shall be deemed approvedimpaired.
Appears in 1 contract
Premises. LandlordSeller shall sell and convey to Purchaser, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases Purchaser shall purchase from LandlordSeller, upon and subject to the terms, covenants and conditions hereinafter set forth all of Seller’s right, title and interest in and to (i) the portfolio of four (4) condominium units to be created by Seller pursuant to the terms and conditions of Article 21 hereof (and which currently consists of three (3) retail units, one (1) parking garage and storage space) (collectively, the “Units”), which Units are part of the condominium known as River Lofts Condominium (the “Condominium”), all as shown on the floor plans for the Units, as set forth in the declaration, as the same shall be modified pursuant to Article 21 (the “Declaration”), the said Units together with the common elements and/or limited common elements appurtenant to each such Unit, all as set forth, all that certain parcel of land situated or to be set forth, in the County Amended Condominium Documents (hereinafter defined)(the “Common Interest”)(the Units and the Common Interest, collectively, the “Property”): (ii) the leases in effect with respect to the Units, a true and complete schedule of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter which leases are attached hereto as Exhibit "B" A ("Work Letter"collectively the “Leases”): and (iii) any equipment or fixtures attached or appurtenant to be constructed the Units, to the extent owned by LandlordSeller and not owned by the Condominium or by any of the tenants of the Units (each, a “Tenant” and collectively, the “Tenants”, as the context requires), all in their presently existing “as is” condition and state of repair on the date hereof, subject to reasonable wear and tear between the date hereof and Closing Date (as hereinafter defined) (collectively, the “Fixtures”). All of the foregoing, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsthe Units, machinerythe Common Interest, 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 Leases and the Improvements are Fixtures, shall collectively be referred to collectively herein as the "“Premises"”. Tenant acknowledges that this Lease is subordinate The Units are located in the building known as and subject to by the street address ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved“Building”).
Appears in 1 contract
Sources: Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises, upon and subject to the terms, covenants and conditions set forth in this Lease, for the Lease Term commencing on the Lease Commencement Date and expiring on the Expiration Date, unless extended or terminated earlier as otherwise provided in this Lease, as all such terms are hereinafter set forth, all that certain parcel defined. Tenant shall be entitled to possession of land situated in the County Premises as of Riversidethe Lease Commencement Date, and State shall yield possession to the Landlord on the Expiration Date, except as otherwise expressly provided herein. For purposes of California delineated this Lease, the premises shall consist of a total of approximately 15,197 rentable square feet located on the first (1st) floor (the “Premises”) as more particularly outlined on Exhibit "“A" ” attached hereto and incorporated herein made part of hereof in the building commonly known as ▇▇▇▇▇▇ Lake Corporate Center ("the “Building”) erected on certain land (the “Land")”) located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Needham, Massachusetts, together with those certain Landlord's Improvements as defined rights of ingress and egress thereto, and with the right in common with others to use, to the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordextent applicable, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") the common passageways, stairways and all other improvementsvestibules, machinerylobbies, equipmenthallways, fixtures entrances, stairs, and any passageways thereto, toilets, refuse facilities and other property (except Tenant's trade fixtures)areas or facilities within the Building for the general use, convenience and benefit of Tenant and other tenants and occupants of the Building and the common pipes, ducts, vents, laboratory infrastructure, conduits, wires, telephone and electrical closets, and appurtenant equipment serving the Premises or to be installed serve the Premises upon completion of the Initial Improvements or located thereon later Alterations; the common walkways, sidewalks, landscaping, driveways and all additionsloading docks associated with the Building, alterations and replacements thereof (collectively "Improvements"). Herein to pass over and park on that portion of the Land owned by Landlord and the Improvements are referred to collectively as the "Premises"designated by Landlord on Exhibit “A” for Tenant’s parking. Tenant acknowledges that and accepts the rentable square feet as set forth in this Lease is subordinate and subject Tenant shall not have the right to (a) all liens, encumbrances, deeds demand re-measurement or recalculation of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable rentable square feet with respect to the Premises or the use 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 (as defined in Exhibit D) shall be adjusted accordingly, but in no event shall Fixed Rent or occupancy thereof, in effect on Additional Rent increase from the execution amounts set forth herein as of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedDate.
Appears in 1 contract
Sources: Lease Agreement (Verastem, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from -------- Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Tenant's Space in the County Building, excluding exterior faces of Riverside, and State of 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 "B" ("Work Letter") to 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 exterior walls. Tenant's trade fixtures)Space, to be installed or located thereon and all additionswith such exclusion, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are is hereinafter referred to collectively as the "Premises". Landlord and Tenant acknowledges acknowledge and agree that this Lease is subordinate the rentable square footage of the Premises has been determined, and subject the rentable square footage of any additional space added to the Premises shall be determined, by calculating the usable square feet of space in the Premises in accordance with the "Standard Method of Measuring Floor Area in Office Buildings," provided by the Secretariat, Buildings Owners and Managers Association International (ANSI Z65.1-1980), approved July 31, 1980. The rentable square footage of the Premises shall be determined by multiplying the usable square footage of the Premises, as determined above, by a load factor determined by Landlord. Tenant shall have, as an appurtenance to the Premises, the nonexclusive right to use in common with others entitled thereto: (a) all liensthe common facilities included in the Building or on the real property on which the Building is located (the "Lot"), encumbrancessaid Lot being described more particularly in Exhibit A hereto, deeds of trustto the extent from time to time designated by Landlord; (b) any entrance drives or other private access drives located on the Project Tract which are necessary for ingress and egress to and from the Building; and (c) the building service fixtures and equipment serving the Premises. Landlord reserves the right from time to time (a) to install, reservationsrepair, covenantsreplace, conditionsuse, restrictions maintain and other matters affecting relocate for service to the Premises ("Title Matters") (i) and to other parts of the Building, or either, building service fixtures and equipment wherever located in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") Building and (b) to alter or relocate any law, regulation, rule, order other common facility provided that substitutions are substantially equivalent or ordinance better. Landlord shall use commercially reasonable efforts to exercise its rights under this subparagraph without unreasonable interference with or interruption of any governmental entity applicable Tenant's business activities within the Premises. Landlord and Tenant reserve the right to remeasure the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 construction of the Premises and adjust the amount of rentable square feet of space contained therein for its intended purpose. Tenant shall deliver written notice to Landlord purposes of its approval or disapproval this Lease, including calculation 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 new Title Matter shall be deemed approvedRent.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases and demises the Premises to Tenant and Tenant hereby leases the Premises from 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 Lot approved by Massachusetts Department of Environmental Protection and incorporated by reference in Exhibit C; (iii) all easements, restrictions and encumbrances of record; (iv) all laws including without limitation the Fall 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 foregoing in this clause (v), the “Rules and Regulations” and collectively all of the documents and agreements described in clauses (i) through (v) of this Section 2.1, the “Use Documents”); provided that a subsequently adopted Rule and Regulation shall not be binding on Tenant to the extent the same is contrary to ▇▇▇▇▇▇’s rights under this Lease. The Premises shall include the ceiling, floor, interior walls, the inner surface of the 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 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 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 termsUse Documents, covenants Tenant shall have the right to use, in common with other tenants of the Building and conditions hereinafter set forthLandlord and as appurtenant to Tenant’s use of the Premises, all that certain parcel the Building lobbies and entrances, elevators, exterior walkways, driveway, roadways, sidewalks and the parking areas of land situated the Building and Lot for access and egress to and from the Premises and the common bathrooms in the County 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 Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"the Premises), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordsun control devices, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machineryutility lines, equipment, fixtures 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, restrict, regulate and/or remove any portion of the common areas on the Lot and/or the North Parking Areas or in the Building at any time and to otherwise regulate the use thereof provided and only to the extent any such additions, modifications, restrictions, regulations and other property (except changes do not unreasonably interfere with Tenant's trade fixtures), to be installed ’s use of 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises or reduce (by more than a de minimis amount) the use or occupancy thereof, in effect on the execution quantity of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject parking available 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 new Title Matter shall be deemed approvedTenant.
Appears in 1 contract
Sources: Lease (Avant Immunotherapeutics Inc)
Premises. LandlordEffective as of May 1, for and in consideration 2004 ("Effective Date"), Article 1.01 of the rents, covenants and agreements hereinafter set forth, Lease is hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to amended such that the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated space as shown on Exhibit "A" A-1 attached hereto and hereby incorporated herein and made a part hereof, which all parties hereto agree that for all purposes of the Lease consists of approximately 21,487 rentable square feet located on the third floor of Building A, 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 "LandFurniture" 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") in broom clean condition, together with those certain Landlordthe Furniture provided to Tenant by Landlord during the Term prior to this Amendment, with all of Tenant's Improvements as defined 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 Work Letter attached hereto as Exhibit "B" ("Work Letter") Existing Demised Premises pursuant to be constructed by LandlordSection 9.02 of the Lease. Subject to such surrender, 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)obligation to pay Base Rent, to be installed or located thereon Additional Rent, 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect Electricity Costs on the Existing Demised Premises shall cease as of the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Date, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable except to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after extent such obligations have been incurred and not satisfied prior to 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 new Title Matter shall be deemed approvedDate.
Appears in 1 contract
Sources: Lease Amendment and Attornment Agreement (Penwest Pharmaceuticals Co)
Premises. Landlord, for and in consideration As of the rentsExpansion Premises Commencement Date (as defined in Section 7(a) below), covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlordaccepts, upon and 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 terms, covenants and conditions hereinafter set forthprovisions of the Existing Lease, except as modified by this Amendment. The anticipated Expansion Premises Commencement Date is estimated to be May 15, 2019 (the “Target Expansion Premises Commencement Date”). From and after the Expansion Premises Commencement Date, all that certain parcel of land situated references to the “Premises” in this Amendment and the Lease shall be deemed to refer to the Existing Premises and the Expansion Premises. Landlord and Tenant hereby acknowledge and agree that, notwithstanding anything to the contrary contained in the County of RiversideExisting Lease, from and State of California delineated on Exhibit "A" attached hereto after the Expansion Premises Commencement Date, the Third Floor Space and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined the Expansion Premises shall be deemed to contain 15,259 rentable square feet in the Work Letter attached hereto as Exhibit "B" ("Work Letter") aggregate. In addition to be constructed by Landlord’s Expansion Premises Work, Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsat its expense, 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 shall deliver the Land and Expansion Premises on 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Expansion Premises ("Title Matters") Commencement Date (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto free from asbestos-containing materials and incorporated herein ("Preliminary Report") any other materials recognized by law to be “hazardous” or “toxic,” (ii) approved or deemed approved pursuant to this Section 1.1otherwise in compliance with all applicable laws and codes, ("Permitted Encumbrances"iii) with the heating, ventilating and air conditioning (HVAC), electrical, plumbing, mechanical and fire/life safety systems serving the Expansion Premises in good working order, and (biv) any lawvacant, regulation, rule, order or ordinance of any governmental entity applicable free from personal property. Notwithstanding anything herein to the Premises or the use or occupancy thereofcontrary, in effect on the execution of this Lease or thereafter promulgated. In the 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 responsible for the costs and expenses incurred in connection with the removal or remediation of Hazardous Material that is not in compliance with applicable law as of the new Title Matter does not materially Expansion Premises Commencement Date and adversely impair which is located in, on or under the use Building or occupancy the Property prior to the Expansion Premises Commencement Date unless such Hazardous Material was brought on to the Property by Tenant of or its agents. Landlord hereby represents that, to its actual knowledge, there are currently no Hazardous Materials in 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 new Title Matter shall be deemed approvedExpansion Premises.
Appears in 1 contract
Sources: Lease (Valeritas Holdings Inc.)
Premises. Landlord, for and in consideration Landlord is the owner of the rents, covenants land parcel(s) and agreements hereinafter set forth, of one 7,200 square foot building and of one 2,250 square foot building on which the (the "Property"). A legal description of the Property is attached hereto as Exhibit A and incorporated by including a parcel subject to a private gas line easement in the legal description attached hereto as Exhibit B and retaining wall in the legal descriptions attached hereto as Exhibit C. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon the Premises together with Tenant any Improvements (defined below), if any. A drawing depicting the general location and subject to layout of the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" demised Premises is attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto by reference as Exhibit "B" ("Work Letter") D. The Property is subject to be a private any improvements or alterations existing in or on the Premises, or otherwise 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 or on Tenant's trade fixtures)behalf therein (whether under this Lease, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements any prior lease or sublease) are referred to collectively in this Lease as the "PremisesTenant Improvements.". Tenant is familiar with the existing condition of the Property, Land and any improvements, and acknowledges that this Lease is subordinate and subject Landlord has made no representation or warranty regarding the condition of the Tenant Improvements, Premises, Property. Notwithstanding the foregoing, Landlord will not be obligated to (a) all liens, encumbrances, deeds deliver possession of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises to Tenant ("Title Matters"but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until the City Council of Landlord has approved the Lease and Landlord has received from Tenant all of the following: (i) in effect on the Effective Date a copy of this Lease as specified fully executed by Tenant and the financial guaranty of Tenant's obligations under this Lease, if any, executed by the Guarantor(s) in Exhibit "C" the form attached hereto and incorporated herein by reference as Exhibit E ("Preliminary ReportGuaranty") or ); (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance the first installment of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved.Monthly Basic Rent;
Appears in 1 contract
Sources: NNN Lease
Premises. Landlord, for Landlord does hereby rent and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases lease to Tenant and Tenant does hereby leases rent and lease from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises identified in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined Basic Lease Provisions located in the Work Letter building(s) situated on the real property identified in the Basic Lease Provisions (the “Property”) as more particularly set forth on the site plan attached hereto as Exhibit "A, such Premises as further shown by diagonal lines on the drawing attached hereto as Exhibit “A-1” and made a part hereof by reference. The “Property” includes the land and the building(s) in which the Premises is located. Tenant has inspected the Premises and agrees to accept the same “AS IS,” without representation or warranty on the part of Landlord or any agreement of Landlord to perform any improvements therein, except as expressly set forth in this Section 1, Section 11 below, and Exhibit “B" ” attached hereto and made a part hereof. Landlord covenants that, during the term of this Lease, as such term may be extended, no other tenant or occupant of the Property besides Tenant may use the address “120 Baytech Drive”. Landlord represents to Tenant that to Landlord’s actual knowledge ("Work Letter"without duty of inquiry), the Property is currently in compliance with all applicable Premises Laws (as defined in Paragraph 12 of this Lease). In addition, Landlord agrees to perform, at Landlord’s sole cost and expense, any improvements or alterations to the exterior of the Premises and/or to the common areas of the building in which the Premises are located necessary to cause such area(s) to comply with any Premises Laws applicable to such area(s) as of the date of this Lease, unless the requirement to perform such work was triggered by any improvement work performed by Tenant or on Tenant’s behalf (other than the Landlord’s Work), by any requirements of the Food & Drug Administration (or any related or successor entity or similar state or local entity), or by Tenant’s particular use of the Premises. Notwithstanding the foregoing, in no event shall Landlord be constructed required to cause any portion of the Property, including, without limitation, the building in which the Premises are located, to comply with any version of the California Uniform Building Code (the “UBC”) other than the 1997 version of the UBC, which, the parties hereto acknowledge, was the version in effect when the building in which the Premises are located was constructed; provided, however, that Landlord shall construct, at Landlord’s sole cost and expense, the exterior egress ramp as depicted on the space plan provided by Tenant, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇, Architect, dated November 10, 2003, bearing Job. No. 03084 and Sheet Title: Bay Tech SK-1, and shall comply with all current Premises Laws in connection with such ramp. Notwithstanding anything contained in this Lease to the contrary, Landlord hereby warrants to Tenant that as of the Commencement Date, the HVAC, electrical, plumbing, life safety, roof and lighting systems serving the Premises (collectively, the “Premises Systems”) will be in good condition and working order. The warranty of Landlord with respect to the Premises Systems contained in the preceding sentence shall terminate ninety (90) days after the Commencement Date. Accordingly, Tenant shall deliver a list of the Premises Systems that are not in good condition and working order, if any (except to the extent caused by Tenant’s negligence or willful misconduct), within ninety (90) days after the Commencement Date and Landlord agrees to proceed with due diligence to perform its obligations regarding such items. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Tenant shall have the non-exclusive right, in common with the other parties occupying the Property, to use the grounds, landscaped areas, benches, sidewalks, parking areas, trash collection areas, driveways and alleys of the Property (the “common areas”), subject to such reasonable, non-discriminatory rules and regulations as Landlord may from time to time prescribe; provided, however, that Landlord shall give Tenant advance written notice of any changes in the rules and regulations. Tenant may park only up to the maximum number of automobiles and trucks shown in Item 9 of the Basic Lease Provisions in the parking area serving the Premises on a non-exclusive basis. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, maintenance, configuration, repair and all other improvementsimprovement of the common areas, machinery, equipment, fixtures which Landlord shall keep neat and other property (except Tenant's trade fixtures), clean and in good condition and repair. Landlord may make such changes 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofconfiguration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant’s vehicular parking rights shown in effect on Item 9 of the execution of this Basic Lease Provisions or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject Tenant’s access 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 new Title Matter shall be deemed approvedPremises.
Appears in 1 contract
Premises. LandlordSpectraSite hereby grants Amica the right to install, for maintain, operate and in consideration remove wireless communications equipment and appurtenances on Tower Facilities owned by SpectraSite which are located on certain property leased by SpectraSite (by virtue of the rentstransfer of Prime Leases from Amica to SpectraSite, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject pursuant to the terms, covenants Asset Purchase Agreement entered into between the parties or by virtue of the site acquisition services performed by SpectraSite on behalf of Amica pursuant to Article I of this Agreement) and conditions hereinafter set forth, all that certain parcel of land situated to install additional equipment on the ground in the County vicinity of Riversidethe Tower Facilities. Each individual Tower upon which Amica has attached Equipment and each Property upon which Amica has constructed installed equipment and other improvements pursuant to this Master Lease between SpectraSite and Amica shall each be considered and referred to as a separate site for purposes of this Master Lease ("Site"). Each Site shall be identified by separate site lease agreements ("SLAs") which shall be attached hereto when executed and incorporated by reference into the terms of this Master Lease, a prototype of which is attached hereto as Schedule "V". Each SLA shall include a legal description of the real property upon which the Tower is situated (the real property described in the various SLAs as Property may hereinafter be individually or collectively referred to as the "Property or Properties"), a legal description of any easements for ingress, egress and utilities (the real property described in the various SLAs as Easement may hereinafter be individually or collectively referred to as the "Easement or Easements"), and State description of California delineated Amica's equipment which will be located on the Site ("Equipment"). SpectraSite hereby grants to Amica the right to install, maintain and operate Amica's wireless communications equipment and appurtenances on a tower owned by SpectraSite ("Tower"), which is located on certain real property leased by SpectraSite more particularly described in Exhibit "A" attached hereto and incorporated herein ("LandProperty"); and to install, together with those certain Landlordmaintain, operate and remove Amica's Improvements as defined in the Work Letter attached hereto as Exhibit "B" wireless communications equipment, antennas and related devices ("Work Letter"including, but not limited to emergency generators, equipment shelters, equipment cabinets, all necessary test equipment and any temporary construction materials) to be constructed owned by Landlord, including an approximately three Amica on a seven hundred thirty thousand (330,000_700_) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), portion of the Property at a location to be installed or located thereon agreed upon in writing between SpectraSite and all additions, alterations and replacements thereof Amica (collectively "Improvements"). Herein the Land space occupied by Amica on the Property and the Improvements are Tower hereinafter shall be referred to collectively as the "Premises"). Tenant acknowledges that this Lease is subordinate SpectraSite also grants Amica rights of ingress, egress and subject utilities to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises twenty-four ("Title Matters"24) hours per day, seven (i7) days per week during the Initial Term and any Renewal Term (as hereinafter defined in effect on the Effective Date paragraphs 3 and 4) of this Master Lease as specified over that real property described in Exhibit "CB" attached hereto and incorporated herein to the SLA ("Preliminary ReportEasement") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved).
Appears in 1 contract
Sources: Master Design Build Lease Agreement (Spectrasite Holdings Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" premises ("Work Letter") to 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") presently known, as of the date of this Lease, as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately thirty-eight thousand two hundred eighty-four (38,284) square feet (the "Building"), as shown cross-hatched on the site plan (the "Site Plan") attached hereto as EXHIBIT "A". Tenant acknowledges that this Lease The Building is subordinate and subject located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in EXHIBIT "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the legal parcel on which the Premises are located. Landlord shall deliver the premises in good condition and repair, including the roof, heating, ventilation and air conditioning (HVAC) equipment and structural integrity of the building and in compliance with all governmental codes, ordinances and statues, including those applicable under the Americans of Disabilities Act (ADA). Landlord shall not be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "Title Mattersas-is" condition, except for those improvements as defined as ") (i) Landlord's Improvements" in effect on the Effective Date of this Lease as specified in Exhibit EXHIBIT "C" attached hereto and incorporated herein (made a part hereof. THE EXACT SQUARE FOOTAGE SHALL BE DETERMINED UPON FINAL APPROVAL OF THE FINAL TENANT IMPROVEMENT PLANS, WHICH TENANT DESIRES TO CONSTRUCT AT ITS SOLE COST, PURSUANT TO EXHIBIT "Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedD" ATTACHED HERETO.
Appears in 1 contract
Premises. Landlord, for (a) For and in consideration of the rentsrent to be paid and the covenants to be performed by Tenant under this lease, covenants Landlord agrees to lease the Premises to the Tenant, and agreements hereinafter set forth, hereby leases the Tenant agrees to Tenant and Tenant hereby leases lease the Premises from Landlord, upon and subject to on the terms, covenants terms and conditions hereinafter set forthforth in this lease. Except as expressly set forth in this Lease, all that certain parcel of land situated “the Premises” is described as Space Number Three (3) and Four (4) on Citizens Dock (“the Dock”) in the County of RiversideDel Norte, and State of California delineated on California, more particularly illustrated in Exhibit "“A" ”, attached hereto and incorporated herein by this reference and two ("Land")2) freezer spaces. Tenant shall have the right to one hoist within each space of the Premises. Tenant shall have the exclusive right to possession of the space taken up on the Dock by the base of Tenant’s hoist, together 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 is prohibited. As to the remainder of the Premises, for the term of this Lease, Landlord grants Tenant and its employees, agents, customers and invitees, the nonexclusive right, in common with Landlord and all others to whom Landlord has or may grant the right, to use the Common Areas, subject to Tenant's compliance with any rules and regulations enacted or modified by Landlord that govern the use of the Common Areas. ''Common Areas'' means the space within the Premises excepting those certain Landlord's Improvements as areas to which Tenant is granted the exclusive right of possession, above. ''Common Areas'' is more fully defined in Article 9, herein. Tenant shall also have the Work Letter attached hereto as Exhibit "B" ("Work Letter") nonexclusive right to be constructed by use in common with Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") other tenants in the harbor and all their employees and invitees, Landlord’s common entrances, restrooms, parking lot and similar areas and facilities in the vicinity of the Premises that are not leased to other improvementstenants, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), subject 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"Landlord’s regulation of those facilities. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting shall not store anything off the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and Landlord’s property.
(b) any law, regulation, rule, order or ordinance of any governmental entity applicable to All vehicles using the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters parking lots shall be subject to operable and removed from the review harbor’s parking lots and approval of Tenant which approval other areas on a daily basis. Vehicles longer than twenty-three feet shall not be withheld so long allowed in the harbor unless they are conducting transient loading and unloading. For such transient loading and unloading vehicles, any vehicle that exceeds thirty feet in length, including its semi-trailer, is hereafter referred to as a “Truck.” All Trucks that are doing any business with Tenant shall be on the new Title Matter does not materially and adversely impair Dock only when they are actively loading or unloading. If the use Truck is waiting, it shall be parked in the boat basin parking lot. Trailers shall never be disconnected from the motor truck or occupancy by 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 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 Dock and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days the entrance of the delivery Dock excepting the unloading area below the fuel dock.
(c) The rights of Tenant under this Lease are subject to and subordinate to any general obligation, bond, Certificate of Participation, loan or other indebtedness of the written reminder notice, the new Title Matter shall be deemed approvedLandlord now in existence or hereafter created.
Appears in 1 contract
Sources: Lease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to unto Lessee the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Premises, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordbenefit of, 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 (aas the case may be) all liensrights, encumbrances, deeds of trust, reservationseasements, covenants, conditions, encumbrances, encroachments and restrictions and other matters affecting of record as of the Premises ("Title Matters") (i) in effect on date of this Lease. Lessor shall have the Effective Date 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 as specified in Exhibit "C" attached hereto such additional rights, easements, covenants, conditions, encumbrances, encroachments and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable restrictions with respect to the Premises Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or the restrictions shall materially affect Lessee’s use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 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 the Lessor gives the Lessee reasonable notice. In addition, in exercising any right to enter the Premises, the Lessor shall use reasonable efforts to minimize disruption to Lessee’s use of the Premises. Lessee, its intended purposeemployees and invitees shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Tenant Lessee. shall deliver be permitted to operate its business in the Premises outside of the Building hours (as set forth in Paragraph 1 of Exhibit C attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying services to the Premises, as described on Exhibit C at times other than such Building hours, such payment to be due and payable no later than thirty (30) days after Lessor gives written notice to Landlord Lessee of its approval or disapproval the amount 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 new Title Matter shall be deemed approvedcharges.
Appears in 1 contract
Sources: Lease (Elixir Pharmaceuticals, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Lessor hereby leases to Tenant Lessee, and Tenant hereby Lessee leases from LandlordLessor, for the term, at the rental and upon and subject to all the termsconditions set forth herein, covenants and conditions hereinafter set forth, all that certain parcel of land real property situated in the County of RiversideMaricopa, State of Arizona, commonly known as ABCO/43RD AVE. DISTRIBUTION BLDG, PH II, Phoenix, Arizona, and State described as an approximate 171,187 square feet of California delineated on Exhibit to be constructed multi-tenant industrial space, together with certain improvements to be constructed therein at Lessor's sole cost and expense, (see Exhibits "A" through "E" attached hereto hereto). Office improvements are to be constructed by Lessor at its sole cost and incorporated herein ("Land")expense, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as shown on Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot attached hereto. The 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 tenant improvements and the Improvements parking lot improvements are hereinafter collectively referred to collectively as "Tenant Improvements." Lessor hereby agrees to use its best efforts to complete the "Premises"premises for Tenant fixturization by July 15, 1990. Tenant acknowledges that this Lease The building is subordinate and subject to located at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in see Exhibit "C" attached hereto for legal description), hereinafter referred to as the "Real Property". The building shall be in conformity with plans and incorporated herein (specifications that have been, or will be, approved jointly by Lessor and by Lessee. Lessee shall have designated and/or defined exclusive use of specific parking facilities on the Real Property, as reflected on Exhibit "Preliminary ReportD") or (ii) approved or deemed approved pursuant to this Section 1.1. The square footage of the building space being leased under the terms hereof, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable is approximately 81,514 square feet. Any improvements to the Premises or the use or occupancy thereofPremises, in effect on addition to the execution Tenant Improvements described above, which may be desired by Lessee from time to time during the Term of this Lease Lease, as may be extended, shall be constructed or thereafter promulgatedinstalled by Lessor if requested by Lessee, and provided that Lessor agrees to do so. In the event thatLessor agrees to construct or install such improvements, after the Effective Date any new Title Matters appear all costs of record, such matters construction and/or installation shall be subject paid by Lessee to Lessor at such times, and in such amounts as may be reasonably agreed to by Lessor and Lessee. Such real property, including land and improvements, and the review and approval of Tenant which approval shall not be withheld so long parking facilities, as above described, are hereafter called "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 new Title Matter shall be deemed approvedPremises".
Appears in 1 contract
Sources: Lease (Schein Pharmaceutical Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Way, San Jose, California (the “Building” or the “110 Building”). The Building is a part of the multi-building office project shown on attached Exhibit A (the “Project”) which Project consists of five (5) buildings, surface parking areas (“Parking Areas”), plaza areas, landscaping and other improvements. The land on which the Project is located and the improvements thereon are referred to herein as the “Real Property.” Tenant’s lease of the Premises shall include the right to use, in common with others and subject to the termsother provisions of this Lease, covenants the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Real Property that are pertinent to Tenant’s occupancy and use of the Premises (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions hereinafter set forthand restrictions, all that certain parcel of land situated in the County of Riverside, easements and State of California delineated on Exhibit "A" attached hereto and incorporated herein reciprocal easement agreements ("Land"“CC&Rs”), together with those certain Landlord's Improvements as defined in currently or hereinafter affecting the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") Real Property 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 agrees that this Lease is shall be automatically be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and subject to (a) all liensthis Lease will not be subordinate to, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting any CC&Rs created after the Premises ("Title Matters") (i) in date hereof which have a materially adverse effect on the Effective Date Tenant’s use of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises or the use Parking Areas, materially increase Tenant’s obligations hereunder or occupancy thereofmaterially diminish Tenant’s rights hereunder, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject except to the review extent the same are mandated by law. All of the windows 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 outside walls of the Premises and any space in the Premises used for its intended purpose. Tenant shall deliver written notice shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely 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 shall have rights of access through the Premises for the purpose of operating, maintaining and Tenant fails to respond within five (5) days of repairing the delivery of the written reminder notice, the new Title Matter shall be deemed approvedsame.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Premises. Landlord1.1 Upon the conditions, for and in consideration of the rentslimitations, covenants and agreements hereinafter herein set forth, Landlord hereby leases agrees to Tenant lease to Tenant, and Tenant hereby accepts, hires and leases from LandlordLandlord certain real property improved with a two-story building containing approximately Sixty One Thousand One Hundred Twenty Two (61,122) gross square feet, upon bearing a street address of 1500 ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ more particularly set out on Exhibits A and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" A1 attached hereto and incorporated herein by reference ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 herein referred to collectively as the "Premises"). Tenant acknowledges that this The Premises shall include the building located thereon, parking areas, landscaping, walkways, driveways, service areas and any other improvements now existing or hereafter erected thereon.
1.2 This Lease is subordinate and shall be subject to (a) all liens, encumbrances, deeds of trust, reservations, existing and future covenants, conditions, restrictions restrictions, reservations and other matters affecting easements now or hereafter recorded against the Premises ("Title Matters") (i) in effect on Property; provided however that no future covenant, condition, restriction, reservation or easement shall materially and adversely affect Tenant's or any subtenant's use of the Effective Date Premises, including its quiet possession thereof. EFFECTIVENESS - SALE/LEASE BACK - CONDITION OF PREMISES
2.1 The effectiveness of this Lease shall be expressly subject to the Closing of the real estate purchase transaction between Tenant, as specified in Exhibit "C" attached hereto seller, and incorporated herein Landlord, as buyer, for the Premises pursuant to that certain Real Estate Purchase Agreement and Receipts for Deposit dated as of June 1, 2000, and subsequent amendments thereto dated June 6, 2000 and June 7, 2000 ("Preliminary ReportPurchase Agreement") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance ). It is the intent of any governmental entity applicable to the Premises or parties hereto that the use or occupancy thereof, in effect Lease will commence on the execution Date of Closing of the foregoing transaction. The effectiveness of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall also be expressly subject to the review execution and approval delivery to Landlord of a Guaranty of Lease by MEGO FINANCIAL CORP. in favor of Landlord in the form attached hereto as Exhibit B. Tenant which approval shall not be withheld so long as has been the new Title Matter does not materially and adversely impair the use or occupancy by Tenant owner of the Premises for its intended purposeprior to the commencement of this Lease and is familiar with the condition of the Premises, the status of title, the building, all improvements located thereon, all tenancies and all contracts affecting the Premises. Tenant shall deliver written notice represents that it has examined the Premises, is satisfied with the physical condition thereof and agrees to accept the same "as is". Tenant further acknowledges that Landlord of its approval or disapproval of has not made any representation as to 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 noticephysical condition, the new Title Matter shall be deemed approvedrents, leases, expenses of operation or any other matter or thing affecting or relating to the Premises.
Appears in 1 contract
Premises. Landlord and Tenant each hereby approve the matters described in Exhibit B to this First Amendment. Upon execution and delivery of this First Amendment by both Landlord and Tenant, Landlord shall, at Landlord's sole cost and expense, for commence to perform the work and improvements described in consideration of Exhibit B to this First Amendment using building standard materials and work ("Landlord's Work"), which work shall be performed in the rents, covenants time and agreements manner hereinafter set forth. To the extent necessary for the prompt and efficient completion of Landlord's Work, Tenant hereby leases grants Landlord the right of access to, upon, over and through the Original Premises in order for Landlord to perform Landlord's Work. Such access may be made at any time and from time to time in Landlord's discretion provided that Landlord shall give Tenant advance oral or written notice of the days and times Landlord shall require access to the Original Premises 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 provide Tenant with advance notice of 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 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 and taking occupancy of the Premises, Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together shall provide Landlord with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 punch-list detailing (a) all liens, encumbrances, deeds those aspects of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") Landlord's Work which are not then completed and (b) any law, regulation, rule, order defects in workmanship or ordinance of any governmental entity applicable materials with respect to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedLandlord's Work. In the 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 new Title Matter The Landlord's Work shall be deemed approvedapproved 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 given Landlord written notice prior to the date which is 30 days after the date Tenant shall occupy the 1st Amendment Space for the Permitted Uses.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and (a) ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇nd Tenant hereby leases from LandlordLandlord that certain space (herein called "Premises"), upon containing approximately the area set forth in Section 1(g) of this Lease. The location and subject dimensions of said Premises are delineated and cross-batched on the site 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 northeast 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 by this reference made a part of this Lease. Landlord makes no representation or warranties of any kind or nature as to the termssize, covenants location, or time of construction of any of the structures (other than the Premises) shown on Exhibit "A". It is understood and conditions hereinafter set forthagreed upon that the depiction of the Shopping Center, all that certain parcel and the location of land situated the Premises in the County of Riverside, and State of California delineated Shopping Center as shown on Exhibit "A" attached hereto and incorporated herein ("Land")hereof, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") are subject to be constructed by Landlordchange. Any such change shall not invalidate this Lease, 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 depiction and subject to (a) all liens, encumbrances, deeds location of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) shall be deemed to have been expressly modified and amended herein in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and accordance with such changes.
(b) Landlord hereby reserves the right at any lawtime, regulation, rule, order and from lime to time to make alterations or ordinance of any governmental entity applicable additions to the Premises, to build additional stores on the building in which the Premises or are contained, and to build adjoining the use or occupancy thereofsame, and to install, maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through, under and over the Premises, in effect on the execution of this Lease or thereafter promulgated. In the 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 locations serving other parts of the Premises for its intended purpose. Tenant shall deliver written notice Shopping Center, from time to Landlord of its approval time, to make alterations thereof or disapproval of additions thereto, to build additional stores on any such Title Matters within ten (10) days after delivery by Landlord building or buildings, to Tenant of such new Title Matter. If Tenant fails build adjoining same, and 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 noticeconstruct doubledeck, the new Title Matter shall be deemed approvedsubterranean or elevated parking facilities.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Premises. Landlord, for (a) Tenant has requested and in consideration Landlord has agreed to an expansion of the rentsPremises (collectively, covenants 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 agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated (ii) approximately 2,863 rentable square feet known as Suite 30 in the County building known as the Receiving Room. A floor plan of Riverside, and State of California delineated on Exhibit "A" the Expansion Space is attached hereto and incorporated herein made a part hereof as Exhibit A.
(b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the "LandExpansion Commencement Date"), together with those certain Landlord's Improvements as defined in and shall terminate on the Work Letter attached hereto as Exhibit revised Termination Date. On the Expansion Commencement Date, the term "BPremises" ("Work Letter") to be constructed by Landlordunder the Lease shall include the Expansion Premises, including an approximately three hundred thirty thousand (330,000) square foot building (and the term "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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedto include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Expansion Space (the "Early Portion") may be occupied by Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined herein) and for such occupancy, Tenant shall pay an equitable portion of the Base Rent based upon the then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in good faith to determine such charges based on the square footage of the Early Portion and the number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (as defined herein).
(c) Effective upon the Expansion Commencement Date, Tenant's Proportionate Share of the D▇▇▇▇▇▇ A Warehouse Building shall be 32.32431 percent, Tenant’s Proportionate Share of the Receiving Room / Prizery Building shall be 8.41119 percent, and Tenant’s Proportionate Share of the Project shall be 22.82741 percent.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises. Landlord also grants to Tenant the non-exclusive right to use the designated parking areas, upon and common service drives appurtenant to the Premises. Except to the extent modified herein and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel completion of land situated in the County of Riversidework described on Exhibit “B” attached hereto, and State except for the presence of California delineated on Exhibit "A" attached hereto any latent defects or Hazardous Substances existing on, in, under or about the Premises, Building, or the Project, the Premises are being leased “AS IS”, with Tenant accepting all defects, if any; and incorporated herein Landlord makes no warranty of any kind, express or implied, with respect to the Premises ("Land")without limitation, together with those certain Landlord's Improvements Landlord makes no warranty as defined to the habitability, fitness or suitability of the Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances except as expressly set forth in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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"this Lease). Herein the Land and the Improvements are referred This Paragraph 1 is subject to collectively as the "Premises". any contrary requirements under applicable law; however, in this regard Tenant acknowledges that it has been given the opportunity to inspect the Project and to have qualified experts inspect the Project prior to the execution of this Lease. Notwithstanding anything in this Lease is subordinate to the contrary, as of the Premises Delivery Date, Landlord represents and subject warrants to Tenant that (a) all liensto Landlord’s knowledge, encumbrancesthere are no Hazardous Substances existing on, deeds of trustin, reservationsunder or about the Premises, covenantsBuilding, conditionsor the Project, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any lawthe Premises, regulationBuilding, ruleProject, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters and Landlord’s Work shall be subject to the review in compliance with all applicable federal, state and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially local laws, statutes, codes, rules, regulations, orders, permits 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 noticeother restrictions applicable thereto, including without limitation, the new Title Matter shall be deemed approvedAmericans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, as amended, and all Environmental Laws.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord the Premises outlined on the Floor Plan attached hereto, marked Exhibit “A-I”, and incorporated herein by this reference (“Outline of Floor Plan of Premises”). The Premises are located in the Building, which, together with the Parking Areas and three (3) additional two (2)-story office buildings situated adjacent thereto (collectively known as the Ocean Terrace Corporate Center), is located on the parcel or parcels of real property (“Project Site”) outlined on the Project Site Plan attached hereto, marked as Exhibit “A-II”, and incorporated herein by this reference (“Project Site Plan”) (all of which, together with the Building Common Areas and the Project Common Areas, as hereinafter defined, are collectively referred to as the “Project”). The Premises are leased in their “AS-IS” condition in accordance with Article 14; provided however, (i) the Premises will be improved by Landlord with the Tenant Improvements described in the Work Letter Agreement, a copy of which is attached hereto, marked as Exhibit “B” and incorporated herein by this reference (“Work Letter Agreement”); (ii) the Building Systems shall be in good working order and repair as of the Commencement Date to serve the Premises at the levels described in the Standards for Utilities and Services (defined below); and (iii) the Premises shall be in good working order and repair as of the Commencement Date. The Premises are agreed, for the purposes of this Lease, to have approximately the number of Rentable Square Feet designated in Section 1.6, subject to adjustment as described in Section 2.2 below. The parties hereto agree that this Lease is upon and subject to the terms, covenants and conditions hereinafter herein set forth. Each of Landlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, all that certain parcel of land situated in the County of Riverside, covenants and State of 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 "B" ("Work Letter") conditions by it to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") kept 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedperformed.
Appears in 1 contract
Premises. LandlordA. Sublessor hereby subleases to Sublessee, for and in consideration Sublessee hereby subleases from Sublessor, a portion of Building 2051 consisting of approximately 44,930 rentable square feet of space principally located on the second floor of Building 2051 (hereinafter, the “Subleased Premises”). The Subleased Premises are more particularly described on Exhibit B attached hereto. The Subleased Premises shall include (i) the lobby area on the southeast side of the rentsfirst floor of Building 2051 to be built by Sublessor as part of Sublessor’s Work (defined below) and the stairwell located in such lobby area, covenants all as shown on Exhibit B attached hereto (“Sublessee’s Floor Lobby”), (ii) the stairwell located on the east side of Building 2051 as shown on Exhibit B and agreements hereinafter (iii) the stairwell located on the west side of Building 2051 as shown on Exhibit B (the “West Stairwell”). Sublessor and Sublessee hereby accept the rentable square footage of the Subleased Premises set forthforth in this Paragraph 2(A) as correct. Upon reasonable prior notice (except in the case of emergency), hereby leases Sublessor shall have the right to Tenant access the Subleased Premises for purposes of performing its repair and Tenant hereby leases from Landlordmaintenance obligations with respect to Building 2051 and, upon and subject as required to gain access to the termsroof of Building 2051. Any such entry by Sublessor and Sublessor’s agents shall not impair Sublessee’s operations more than reasonably necessary and comply with Sublessee’s reasonable security measures (provided the same do not delay or unreasonably interfere with Sublessor’s access). Notwithstanding the foregoing, covenants no prior notice to Sublessee shall be required if Sublessor requires access to the Subleased Premises solely for the purpose of gaining access to the roof of Building 2051, and, Sublessor shall have the right to such access twenty-four (24) hours per day, seven (7) days per week; provided, however, that Sublessor shall use reasonable efforts to provide prior notice of any such entry and conditions hereinafter set forthshall notify Sublessor within two (2) business days after any such entry made after normal business hours without prior notice to Sublessee.
B. In connection with its use of the Subleased Premises, all that certain parcel of land situated in Sublessee shall also have the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")non-exclusive right, together with those certain Landlord's Improvements Sublessor and its agents, employees, contractors, invitees, subtenants and others, to use (i) the common corridor connecting to Sublessee’s is’ Floor Lobby as shown on Exhibit B for the purpose of accessing the elevators to the Subleased Premises on the second floor of Building 2051 and (ii) the common vestibule serving the West Stairwell as shown on Exhibit B for purposes of accessing the West Stairwell (the “Internal Common Areas”). Such use shall be subject to such reasonable rules and regulations as Sublessor shall establish from time to time. Except for the foregoing, Sublessee shall have no right to use, access or occupy any portion of the Premises, including, without limitation, the central atrium area and loading docks in Building 2051. Sublessor reserves the use of the exterior walls, the roof, the loading docks and the area beneath and above the Subleased Premises, together with the right to install, maintain, use, and replace ducts, wires, conduits and pipes leading through the Subleased Premises in locations which will not materially interfere with Sublessee’s use of the Subleased Premises. Sublessee shall have no rights to use or access the solar panels located on Building 2051 and all electricity generated therefrom, together with all credits, offsets, tax benefits and other incentives derived therefrom, shall belong to and inure solely to the benefit of Sublessor.
C. No later than the Commencement Date (as defined in ▇▇▇▇▇▇▇▇▇ ▇.▇, ▇▇▇▇▇), Sublessor, at Sublessor’s sole cost and expense, shall (i) separately demise and construct the Sublessee’s Floor Lobby, (ii) close-off access to the Building 2051 central atrium from the second floor; (iii) install an E-Mon D-Mon electrical meter to monitor electrical usage to the Subleased Premises and (iv) remove all of its furniture, fixtures and equipment, including its data cabling and the water filtration systems from the Subleased Premises (collectively, the “Sublessor’s Work”; items (i) through (iii) of the Sublessor’s Work shall sometimes be referred to collectively herein as the “Sublessor’s Construction Work”). The Sublessor’s Work shall be subject to Master Lessor’s approval of all plans and specifications therefor (to the extent required under the Master Lease) and constructed in accordance with the floor plan and specifications attached hereto as Exhibit C and in compliance with all applicable Laws (as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 fixturesMaster Lease), to be installed or located thereon in a good and all additionsworkmanlike manner, alterations free of defects and replacements thereof (collectively "Improvements")using new materials and equipment of good quality. 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 Within five (5) business days after the date of Sublessor’s completion of the delivery Sublessor’s Work, Sublessee shall have the right to submit a written “punch list” to Sublessor, setting forth any defective item of construction, and Sublessor shall promptly cause such items to be corrected. Sublessee’s acceptance of the written reminder notice, Sublessor’s Work or the new Title Matter submission of a “punch list” with respect thereto shall not be deemed approved.a waiver of Sublessee’s right to have latent defects in the Sublessor’s Construction Work that are identified by written notice to Sublessor delivered no later than eleven (11) months following the Commencement Date repaired at no cost to Sublessee. Provided Sublessee shall give notice to Sublessor of such latent defects within eleven (11) months following the Commencement Date, Sublessor shall cause the repair of such defect as soon as practicable. Upon the expiration or earlier termination of this Sublease, Sublessee shall not be obligated to remove the Sublessor’s Work,
Appears in 1 contract
Sources: Sublease (Linkedin Corp)
Premises. LandlordSubject to the conditions hereinafter expressed, Lessor, for and in consideration of the rents, covenants covenants, and agreements hereinafter set forthherein contained on the part of Lessee to be paid, kept, and performed, does hereby leases lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, the Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the provisions of this Lease) for the sole and exclusive purpose of conducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and expanding the Permitted Improvements. Appurtenant to Tenant and Tenant hereby leases from LandlordLessee’s rights to the Premises is the non-exclusive right, upon and subject to the termsterms set forth herein, covenants and conditions hereinafter set forthto use each of the Access Easement Area, all that certain parcel of land situated in the County of RiversideConstruction Easement Area, and State of California delineated on Exhibit "A" attached hereto Utility Easement Area for its specified purpose. The Premises, which shall include the Lessee’s appurtenant rights to the Access Easement Area, Construction Easement Area, and incorporated herein ("Land")Utility Easement Area, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 demised subject to the following:
(a) all liensany encumbrances shown on the survey of the Property or the Premises;
(b) covenants, encumbrancesrestrictions, deeds of trusteasements, agreements, and reservations, covenantsas set forth in Exhibit A, conditionsas such Exhibit A may be amended in accordance with the provisions of this Lease;
(c) present and future Applicable Legal Requirements of the municipality in which the land lies, restrictions and other matters affecting all present and future Applicable Legal Requirements of any Governmental Authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use ("Title Matters"provided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date);
(d) (i) in effect the condition and state of repair of the Premises as the same may be on the Effective Date of this Lease as specified in Exhibit "C" attached hereto Date;
(e) all water charges, electric charges, and incorporated herein ("Preliminary Report") sewer rents, accrued or (ii) approved un-accrued, fixed or deemed approved pursuant to this Section 1.1not fixed, ("Permitted Encumbrances") from and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any new Title Matters appear other appurtenant facilities or improvements associated with the Permitted Use; and
(f) full compliance by the Lessee with all Applicable Legal Requirements that require compliance by Lessee in connection with the Premises, the Permitted Use or the Permitted Improvements (provided, however, that Lessor shall not restrict or otherwise encumber the Premises for the Permitted Use after the Effective Date). Exhibit A attached to this Agreement as of record, such matters the Effective Date includes the Parties’ initial approximation of the Premises. Lessee shall be subject permitted to propose to Lessor amendments to Exhibit A that set forth an updated description of and drawings indicating the Premises (including the Access Easement Area, Construction Easement Area, Point of Delivery and Utility Easement Area), one such amendment to be submitted before commencement of installation work on the Solar Energy Facility and another to be submitted upon completion of the Solar Energy Facility that shall indicate the as-built location of the Solar Energy Facility and all Permitted Improvements. Lessor shall review such proposed amendments to Exhibit A and approval of Tenant which approve such amendments in a written consent executed by Lessee and Lessor. Lessor’s approval shall not be withheld so long as unreasonably denied or delayed; provided, however, in the new Title Matter event the Lessor does not materially and adversely impair provide such approval, the use or occupancy by Tenant of Parties shall be obligated to negotiate in good faith in order to reach agreement on the Premises for its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval form 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 new Title Matter shall be deemed approvedproposed amendments.
Appears in 1 contract
Sources: Site Lease Agreement
Premises. Landlord, for For and in consideration of the rents, covenants and agreements hereinafter set forthcontained herein and other valuable consideration, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord to have and to hold upon the following terms and conditions, the land, being comprised of approximately 48.08 acres being more particularly described on Exhibit “A” attached hereto (the “Land”), and all of the improvements, buildings, pavement, structures, and fixtures now or hereafter located thereon, including a warehouse/distribution building containing approximately 707,010 square feet of ground floor (“Building”) area to be constructed by Landlord on the Land pursuant to the Development Agreement as hereinafter defined, 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”). Tenant hereby accepts the Premises, subject to Landlord’s completion of the improvements (“Landlord Improvements” or “Initial Improvements”), upon required to be constructed by Landlord pursuant to the Development Agreement by and between Tenant and Landlord of even date herewith (“Development Agreement”), and subject to the termsPermitted Exceptions described in Exhibit “C” attached hereto (the “Permitted Exceptions”), covenants and conditions hereinafter set forth, all (including but not limited to that certain parcel Declaration of land situated in Covenants, Conditions and Restrictions for Tahoe-Reno Industrial Center recorded on September 25, 1998, under file No. 83412, Official Records of Storey County, Nevada (the County of Riverside, and State of 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 "B" ("Work Letter") to 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"“Declaration”). Herein Landlord shall not amend the Land and Declaration or Permitted Exceptions without the Improvements are referred to collectively as prior consent of the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liensTenant, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedunreasonably withheld.
Appears in 1 contract
Sources: Lease Agreement (Zulily, Inc.)
Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel Rentable Floor Area of land situated Tenant’s Space in the County of RiversideBuilding (hereinafter, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"the “Tenant’s Space”), together with those certain Landlord's Improvements the appurtenances described below and in Sections 10.14 and 10.15 of this Lease. Tenant’s Space, as defined the same may be expanded in accordance with Exhibit M, together with such appurtenances, is hereinafter collectively referred to as "the Premises". 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 Work Letter park shown on the Plan of the Park (i.e. The Middlesex Technology Center) attached hereto as Exhibit "B" A ("Work Letter"the “Park”) from time to be constructed time made 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". Landlord in accordance with Section 6.1.4 of which Tenant acknowledges that this Lease is subordinate and subject to given written notice: (a) all liensthe common areas now or hereafter located in the Building, encumbrancesand located at the Park, deeds including, without limitation, duct shafts, electrical and common risers, main electrical room and the Common Areas shown on the Plan of trustthe Park attached hereto as Exhibit A (collectively, reservationsthe “Common Areas”), covenantsas such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, conditions, restrictions it being understood and other matters agreed that any amendments or modifications materially affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Lot, ("Permitted Encumbrances") and (b) any lawshall require Tenant’s prior written approval, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, which such matters shall be subject to the review and approval of Tenant which approval shall not be unreasonably withheld so long as or delayed. Landlord may not request any changes which would reduce Tenants Parking, limit access or visibility to the new Title Matter does not materially Premises. Any changes interfering with Tenant’s use and adversely impair operation of its business thereon shall be at the use or occupancy by Tenant sole discretion of the Premises Tenant. Tenant’s consent to any request for its intended purpose. Tenant changes 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 be deemed granted in the event that Tenant fails to respond within such ten thirty (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (530) days of Landlord’s written request for approval therefor; (b) all rights to access, all service areas (except that Tenant shall be entitled to the delivery exclusive 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 written reminder noticeentire Park, if any, (e) all rights appurtenant to the new Title Matter shall be deemed approvedLot 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. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use, and subject to the preceding paragraph, (a) to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building or either, Building service fixtures and equipment wherever located in the Building, and (b) to alter or relocate any other common facility, provided that (i) substitutions are substantially equivalent or better, and (ii) such fixtures and equipment are placed above Tenant’s ceilings, behind its walls and below its flooring.
Appears in 1 contract
Sources: Lease Agreement (Nexx Systems Inc)
Premises. Landlord, for and in 2.1. In consideration of the rentsRent hereby agreed to be paid to Lessor by Lessee and the agreements and covenants herein made by Lessee, during the Lease Term, Lessor hereby leases to Lessee the Leased Premises, and grants the right to use Common Areas of the Leased Building and the right to use Common Areas of the Ichon Complex on a non-exclusive basis with Lessor upon the terms and conditions contained herein.
2.2. As consideration for the Rent hereby agreed to be paid to Lessor by Lessee, as an essential inducement to Lessee to enter into this Agreement, as one of the necessary rights for the use and benefit of this Agreement by Lessee, and as consideration for the agreements and covenants herein made by Lessee, Lessor hereby grants to Lessee with a right (i) to access and agreements hereinafter ingress to, and egress from, the Ichon Complex for the purpose of using the Leased Premises and any Expansion Space, if applicable, in accordance with this Agreement, (ii) to use the Common Areas of the Leased Building and (iii) to pass and ▇▇▇▇▇▇ to and from and through the Leased Building or any part thereof over and along roads, accessways, paths, corridors, hallways, highways, skybridges, walkways, arcades and all landscaped areas (including pools and fountains) and other thoroughfares within the Ichon Complex owned by Lessor (together the “Common Areas of the Ichon Complex”), provided that Lessee shall fully comply with all Applicable Laws and applicable Rules and Regulations. Lessor represents that all of such portions of the Ichon Complex are available for use by Lessee for the purpose using the Leased Premises or operating the Business. Lessor acknowledges that any reduction in the rights granted to Lessee under this Section 2.2 would cause immediate and irreparable harm to Lessee and will entitle Lessee, in addition to any other remedies Lessee may have hereunder or otherwise under Applicable Laws, to stop any such reduction by injunction, whether such reduction arises from the acts of Lessor, or any other party claiming an interest in the Ichon Complex against Lessor. The rights granted hereunder shall be integral to the grants of the rights under Section 2.1 and elsewhere in this Agreement, shall benefit Lessee and run with Lessee’s interest under this Agreement, and shall automatically pass to any successor and permitted assign of Lessee.
2.3. Lessee acknowledges and agrees that Lessee has the right to occupy and use the Leased Premises only for the purposes provided, and upon the terms and conditions set forth, in this Agreement. In addition, Lessor hereby leases grants to Tenant Lessee a right to register the lease and Tenant hereby leases from Landlordrights created under this Agreement (“deunggi imchakwon”) over the Leased Premises (the “Lease Right”) with the relevant real property registry offices, having a term of the Lease Term. The Parties each, upon and subject the request of the other, agree to submit a joint application to re-register the Lease Right to include any Extension Term. Lessor will take any action necessary to maintain or cause to be maintained the Lease Right during the Lease Term.
2.4. In addition to the termsLeased Premises leased herein, covenants Lessor and conditions hereinafter set forth, all Lessee acknowledge and agree that certain parcel there may be additional space which has not been identified but which historically has been used by the System IC Division of land situated in the County of Riverside, Lessor and State of 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 "B" ("Work Letter") which shall continue to be constructed required or desired by LandlordLessee. If, including an approximately three hundred thirty thousand within one year of the Closing Date, any such additional space is identified and requested by Lessee, Lessor shall provide such additional space to Lessee in a manner consistent with the other Leased Premises, at a price no greater than actual cost.
2.5. Lessor may request within the first sixty (330,00060) square foot building days’ after the Closing by sixty ("Building"60) and all other improvements, machinery, equipment, fixtures and other property days’ prior written notice to Lessee that Lessee relocate its Leased Premises (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 “New Leased Premises”) so long as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to following conditions are satisfied: (a) the location and size shall be as shown on Exhibit A-2, (b) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions terms and other matters affecting conditions set forth herein shall remain in full force and effect with respect to the New Leased Premises ("Title Matters"except that the Agreement will be amended solely to attach a new Exhibit B depicting the New Leased Premises), and (c) (i) in effect on Lessor shall pay all relocation costs relating to such relocation. In the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant event that Lessee relocates to this Section 1.1the New Leased Premises, ("Permitted Encumbrances"a) Lessee has the right to expand into the Expansion Space in accordance with the terms of Article 23, and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 extent that Lessee enters into an agreement with ASTEC (Hyundai Advanced Service Technology) (“ASTEC”) for certain of the Premises for its intended purposeUtilities Services (the “ASTEC Agreement”), Lessor will provide those services not otherwise provided by ASTEC which Lessor is obligated to provide hereunder, and the Utilities Fee shall thereafter be reduced pro rata commencing with the next due monthly payment.
2.6. Tenant Each Party shall deliver written notice cooperate with the other Party and take or cause to Landlord of its approval or disapproval of be taken such Title Matters within ten (10) days after delivery actions as may be reasonably requested by Landlord the other Party in order to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period comply with the other Party’s reasonable security rules 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 new Title Matter shall be deemed approvedregulations.
Appears in 1 contract
Sources: Building Lease Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Premises. Landlord, for (a) Subject to and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that Landlord leases to Tenant and Tenant rents from Landlord those certain parcel of land situated premises as set forth in the County of Riverside, and State of California delineated on Exhibit "A" BASIC LEASE INFORMATION attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in approximately shown on the Work Letter plan attached hereto as Exhibit "B" EXHIBIT A ("Work Letter") to 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". ) in the building located at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, San Francisco, California (the "Building").
(b) Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting shall accept the Premises in their "as-is" condition; provided, however, Landlord, at its cost, shall complete the following work ("Title MattersTenant Improvements") ):
(i) Any operable windows, the electrical systems and the roof shall be in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto good working order and incorporated herein ("Preliminary Report") or repair;
(ii) approved or deemed approved pursuant to this Section 1.1The 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, ("Permitted Encumbrances") and (b) any lawTenant shall execute a written notice of its acceptance of Premises, regulation, rule, order or ordinance of any governmental entity applicable to which shall be conclusive evidence that ▇▇▇▇▇▇ has accepted the Premises or in good and satisfactory condition as of the use or occupancy thereof, in effect on the execution date of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to the review notice and approval of Tenant which approval Landlord shall not be withheld so long as liable to Tenant for any defects in the new Title Matter does not materially and adversely impair Tenant Improvements thereafter. Landlord hereby discloses to Tenant that the use or occupancy by Tenant western wall of the Premises for Building is shared with the building immediately adjacent to the Building and such wall is an unreinforced masonry wall. The City and County of San Francisco has declared that such walls are unsafe; and, Tenant on behalf of itself and its intended purpose. Tenant shall deliver written notice to Landlord of its approval or disapproval of employees and invitees hereby accepts 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 new Title Matter shall be deemed approvedrisk.
Appears in 1 contract
Sources: Lease Agreement (Embark Com Inc)
Premises. (a) Landlord, for and in consideration of the rentsrent to be paid and the covenants to be performed by Tenant, covenants does hereby demise and agreements hereinafter set forthlease unto Tenant, hereby leases to Tenant and Tenant hereby leases rents and hires from Landlord, upon and subject those certain premises designated in Section 1.01(d) hereof (hereinafter referred to as the terms“Premises”) in the regional retail development commonly known as “The Gardens”, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County City of RiversidePalm Beach Gardens, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Palm Beach County, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by LandlordFlorida, 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 trust, reservations, covenants, conditions, restrictions and other matters affecting easements of record and the Premises terms and provisions of that certain Ground Lease, dated June 14, 1984, between The Gardens Venture, L.L.C., successor to the Trustees under Trust Agreement, dated December 28, 1983, known as the MacArthur Liquidating Trust, as Lessor, and Landlord, as Lessee, as amended ("Title Matters") (i) in effect hereinafter referred to as the “Ground Lease”), and that certain Reciprocal Easement and Operating Agreement now or hereinafter entered into by Landlord with the lessees of the Department Store Sites. It is agreed that the term “The Gardens” as used herein shall mean and refer to the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site, the Sears Site and the Shopping Center, all as shown on the Effective Date site plan which is set forth on pages 1 and 2 of this Lease Exhibit “A” hereto, and legal descriptions of which are set forth on Exhibit “B” hereto. It is agreed that, wherever the term “Shopping Center” is used herein, it shall be deemed to exclude the Nordstrom Site, the Macy’s Site, the Bloomingdale’s Site, the Saks Site and the Sears Site, except as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedotherwise specifically stated herein. In the event thatLandlord elects to enlarge the Shopping Center and/or The Gardens, after any additional area may be included by Landlord in the Effective Date definition of the Shopping Center and/or The Gardens for purposes of this Lease. Landlord shall also have the right from time to time to include within and/or to exclude from the defined Shopping Center any new Title Matters appear existing or future areas, and the floor area of record, such matters the Shopping Center shall be subject to accordingly adjusted.
(b) The exterior walls and 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 roof of the Premises and the area beneath the Premises are not demised hereunder, and the use thereof, together with the right to locate, both vertically and horizontally, install, maintain, use, repair and replace pipes, utility lines, ducts, conduits, flues, refrigerant lines, drains, sprinkler mains and valves, access panels, wires and structural elements leading through the Premises serving other parts of the Shopping Center, is hereby reserved unto Landlord. Landlord reserves an easement above Tenant’s finished ceiling to the roof, or to the bottom of the floor deck above the Premises, and below the floor of the Premises, for its intended purposegeneral access purposes and in connection with the exercise of Landlord’s other rights under this Lease.
(c) Landlord reserves the right at any time, and from time to time, to make alterations to, and to build additional stories on the building in which the Premises are located, and to construct other buildings and improvements in the Shopping Center, including any modifications of the common areas in connection therewith, to enlarge or reduce the Shopping Center, to add decks or elevated parking facilities, and to sell or lease any part of the land comprising the Shopping Center, as shown on Exhibit “A”, for the construction thereon of a building(s) to be occupied by a Department Store(s) which may or may not be part of the Shopping Center. Landlord also reserves the right at any time, and from time to time, to change, modify, or abolish any temporary off-site utility serving the Shopping Center. The purpose of Exhibit “A” is to show the approximate location of the Premises within the Shopping Center and Landlord reserves the right at any time to relocate, reduce, enlarge, or reconfigure the various buildings, parking areas and other common areas shown on Exhibit “A”. Tenant shall deliver written notice hereby consents to the exercise by Landlord of its approval or disapproval the rights set forth in this Section 2.01(c) and agrees that the exercise of such Title Matters within ten (10) days after delivery rights 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 new Title Matter shall be deemed approvednot diminish Tenant’s obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Premises. Landlord, for (a) Landlord does hereby rent and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases lease to Tenant and Tenant does hereby leases rent and lease from Landlord, upon for the purposes set forth in Section 12(a) hereof, the Premises located in the Building identified in the Basic Lease Provisions, situated on the real property described in Exhibit “A” attached hereto (the “Property”), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit “B” and made a part hereof by reference. The Premises shall be prepared for Tenant’s occupancy in the manner and subject to the terms, covenants provisions of Exhibit “C” and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" “D” attached hereto and incorporated herein made a part hereof. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 3 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. The parties hereto hereby acknowledge that the purpose of Exhibit “B” is to show the approximate location of the Premises in the Building, only, and such Exhibit “B” is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of any Common Areas ("Land"defined below), together with those certain Landlord's Improvements as defined in or the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 elements thereof or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein of 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable accessways to the Premises or the use Building. The Property, the Building and the Common Areas are collectively referred to herein as the “Project”. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or occupancy thereofwarranty regarding the condition of the Premises or the Building or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in effect on this Lease or the execution Work Letter. Subject only to other provisions of this Lease or thereafter promulgated(including Landlord’s obligation to complete the Landlord’s Work), Tenant accepts the Premises on an AS IS condition as of the Lease Date. In Notwithstanding the event foregoing, Landlord warrants and represents that, as of the Delivery Date, (i) the Premises, the Building and the Project will comply with all Legal Requirements, and (ii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other Building systems serving the Premises will be in good operating condition and repair. To the extent that Tenant discovers within six (6) months of the Commencement Date that the foregoing warranty and representation was untrue, Landlord shall, promptly after written receipt of notice from Tenant, which must occur within six (6) months of the Effective Date Commencement Date, remedy any new Title Matters appear non-compliance with the foregoing sentence at Landlord’s sole cost and expense (and not as an Operating Expense).
(b) Tenant shall have the non-exclusive right to use in common with other tenants in the Building, and subject to the rules and regulations referred to in this Lease, those portions of recordthe Building which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such matters areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). For purposes of clarity, Landlord and Tenant acknowledge that the area denoted on Exhibit “I” hereto as the “Excluded Area” shall not be part of the Common Areas for purposes of this Lease. The manner in which the Common Areas are maintained and operated shall be at the sole discretion of Landlord and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from time to time. Landlord reserves the review right to close temporarily, make alterations or additions to, or change the location of elements of the Building and approval of Tenant which approval shall not be withheld the Common Areas so long as the new Title Matter same does not materially and adversely impair the unreasonably interfere with Tenant’s use or occupancy by Tenant of the Premises Premises.
(c) Notwithstanding anything to the contrary contained herein, it is acknowledged that Tenant may utilize the ▇▇ ▇▇▇▇ street lobby portion of the Common Areas (the “De Haro Lobby”) 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 equipment to the written reminder notice, Premises subject to the new Title Matter following conditions: (i) Tenant’s utilization of the De Haro Lobby shall only be allowed if the freight lift of the Building cannot accommodate the delivery of such equipment; (ii) at least 24 hours prior notice is given to Landlord such that Landlord may control access and entry through the De Haro Lobby; (iii) Landlord reserves the right to require Tenant’s use of the De Haro Lobby during off-peak or non-business hours; (iv) Tenant shall be deemed approvedresponsible for all damage done to the De Haro Lobby or other Common Elements by virtue of such use; (v) such equipment shall be brought through the De Haro Lobby only by means as reasonably approved by Landlord with proper wall and floor protection; and (vi) Tenant shall observe such other reasonable conditions or restrictions as Landlord may impose on such use of the De Haro Lobby.
Appears in 1 contract
Premises. LandlordFor purposes of this Article SEVENTEEN, for and in consideration a Tenant shall be deemed to be subletting "substantially all of the rents, covenants and agreements hereinafter premises" if the Affected Premises constitutes seventy five (75%) percent or more of the rentable square footage of the premises.
(d) If the Landlord exercises the option set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated forth in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein paragraph ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters"c) (i) above to terminate this lease in effect its entirety, then (i) the term of this lease shall end and expire with respect to the entire premises on the Effective ninetieth (90th) day following the date of Landlord's Notice and (ii) the Tenant shall surrender the entire premises to the Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease, and (iii) fixed rent and additional rent shall be apportioned as of such expiration date. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest in and to this lease to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (d). Upon such assignment, the Tenant shall be relieved of all liability accruing under this lease after the effective date of such assignment, and the Landlord may thereafter further assign this lease or sublet all or part of the premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this Lease paragraph (d) relieve the Tenant of any obligations which accrued prior to the termination of this lease or the assignment to the Landlord, as specified the case may be.
(e) If the Landlord exercises the option set forth in Exhibit "C" attached hereto paragraph (c)(ii) above to terminate the lease with respect to the Affected Premises, then (i) the term of this lease shall end and incorporated herein expire with respect to the Affected Premises on the ninetieth ("Preliminary Report"90th) day following the date of the Landlord's Notice and (ii) the Tenant shall surrender the Affected Premises to the Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth in this lease and (iii) fixed rent and additional rent with respect to the Affected Premises shall be apportioned as of such Expiration Date and the Tenant's prospective rent obligations which are based on square footage (including, without limitation, fixed rent and additional rent payable pursuant to Article THIRTY of this lease) shall be reduced accordingly, and (iv) the Landlord at its own expense (or at the Tenant's expense, if the cost thereof was to be the Tenant's pursuant to the Tenant's Notice), shall erect the partitioning required to separate the Affected Premises from the remainder of the premises, create any doors required to provide an independent means of access to the Affected Premises from elevators and lavatories and segregate the wiring and meters and electric current facilities, so that the Affected Premises may be used as a unit for commercial purposes, separate from the remainder of the premises. If the remaining premises contain the core lavatories, the occupant of the Affected Premises shall have the right to use such lavatories in common with the Tenant. If the Tenant performs such work, it shall commence such work promptly upon receipt of Landlord's Notice and shall proceed to complete such work in a diligent and workmanlike manner. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease with respect to the Affected Premises, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest with respect to the Affected Premises to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this paragraph (e). Upon the assignment of the lease to the Landlord with respect to the Affected Premises, the Tenant shall be relieved of all liability accruing under this lease with respect to the Affected Premises after the effective date of such assignment, and Landlord may further assign the lease or sublet all or part of the Affected Premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the provisions of this paragraph (e) relieve the Tenant of any obligations with respect to the Affected Premises which accrued with respect to the Affected Premises prior to the termination of the lease or the assignment to the Landlord, as the case may be.
(f) In the event the Landlord does not elect either of the alternatives set forth in paragraph (c) (i) or (ii) approved above, or deemed approved pursuant in the event the Landlord fails to timely deliver the Landlord's Notice, the Landlord agrees not to unreasonably withhold or delay its consent to any proposed assignment or subletting, provided, however, that the Landlord shall have the right to condition its consent to any proposed assignment or sublease on the following:
(1) No Event of Default shall have theretofore occurred and be continuing under this Section 1.1, lease.
("Permitted Encumbrances"2) and The Tenant shall have delivered to the Landlord the Tenant's Notice as required by paragraph (b) above.
(3) With respect to a sublease, the Tenant shall collaterally assign to the Landlord, and grant the Landlord a security interest in, the sublease and the rents payable thereunder and shall take all necessary steps required to perfect such assignment and security interest.
(4) The sublease shall include provisions to the effect that (i) if the Landlord shall notify the sublessee that the Tenant is in default in the payment of rent or in the performance of its other obligations under this lease, which default has continued beyond the applicable notice and cure period therefor, and summary proceedings have been commenced by the Landlord against the Tenant by reason thereof, the subtenant shall, if so requested by the Landlord, pay all rent and other amounts due under the sublease directly to the Landlord, (ii) notwithstanding any lawsuch payment by the subtenant directly to the Landlord, regulationthe term of the sublease shall terminate simultaneously with the termination of the term of this lease and the subtenant shall surrender the subleased premises upon such termination, rule(iii) the sublease shall be subject and subordinate to this lease and to all matters to which this lease is or shall be subordinate, order and (iv) any act or ordinance omission by the subtenant which, if performed by the Tenant would constitute an Event of Default under the lease, shall also constitute an Event of Default under the sublease.
(5) The proposed subtenant or assignee shall have a financial standing, be of a character, be engaged in a business, and propose to use the premises in a manner, which in the Landlord's reasonable judgment, is in keeping with the Landlord's standards in such respect of the other office tenancies in the building.
(6) Provided comparable space is then available for lease by the Landlord in the building, or the Landlord reasonably expects comparable space to become available within the next four months, the proposed assignee or subtenant shall not then be a tenant, subtenant or assignee of any governmental space in the building, nor shall the proposed subtenant or assignee be a person or entity applicable with whom the Landlord is then negotiating to lease space in the Premises building.
(7) The premises may be listed with a broker for any rental rate, but shall not, without the Landlord's prior consent, which consent shall not be unreasonably withheld or delayed, be otherwise publicly advertised for subletting at a rental rate less than the prevailing asking rental rate then set by the Landlord for comparable space in the building, and if no comparable space is then available, at the prevailing rental rate set by the Landlord.
(8) The character of the business to be conducted or the proposed use of the premises by the proposed assignee or subtenant shall not (i) be likely to materially increase the Landlord's operating expenses beyond that which would be incurred for use by the Tenant or materially for use in accordance with the standards of use of other tenancies in the building, (ii) materially increase the burden on elevators over the burden prior to such proposed assignment or subletting, (iii) unreasonably interfere with the use and enjoyment by other tenants in the building of their premises, or (iv) violate any provisions or restrictions contained herein relating to the use or occupancy thereof, of the premises.
(9) Any proposed sublease shall provide that in effect on the execution event of the termination of this Lease lease, or thereafter promulgated. In the event that, after re-entry or dispossession of the Effective Date any new Title Matters appear of recordTenant by the Landlord under this lease, such matters shall be subject subtenant shall, at the Landlord's option, attorn to the review and approval of Tenant which approval shall not be withheld so long Landlord 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 new Title Matter shall be deemed approved.its
Appears in 1 contract
Premises. Landlord, for The Landlord does by these presents demise and in consideration of lease unto the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and the Tenant does hereby leases hire from the Landlord, upon and subject to the terms, covenants terms and conditions provisions of this Lease for the term hereinafter set forth, all that certain parcel the following premises (hereinafter sometimes called the "Demised Premises"): approximately Sixteen Thousand Six Hundred Eighty-three (16,683) rentable square feet of land situated space in the County Property, all as more particularly shown on the plan attached hereto as EXHIBIT A, as well as the right to use in common with other tenants Thirty-three and 2/10 percent (33.2%) of Riversidethe parking spaces provided for the Building (as hereinafter defined). The Demised Premises are demised and leased subject to:
(a) The rights of parties in possession and the existing state of title thereof as of the commencement of the term of this Lease;
(b) All zoning regulations, restrictions, rules and State ordinances, building restrictions and other laws and regulations now in effect or hereafter adopted by any governmental authority having jurisdiction; and
(c) Taxes, assessments, easements, claims of California delineated on Exhibit easements and encumbrances, as of the date of commencement of the term of this Lease. The Demised Premises are leased herewith together with the right to use, in common with others entitled thereto, the hallways, stairways, loading areas and elevators, if any, necessary for access to, egress from and use of the Demised Premises. The Property in which the Demised Premises are situated may be sometimes referred to herein as the "A" Building". The Building, together with all other improvements situated upon the land known and numbered as ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, described in EXHIBIT B attached hereto and incorporated made a part hereof, shall be sometimes collectively referred to herein (as "Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit Property."B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approved.
Appears in 1 contract
Premises. Landlord, for For and in consideration of the rents, covenants covenants, agreements, and agreements stipulations hereinafter set forth, to be paid, kept and performed by Tenant, Landlord hereby leases and rents to Tenant Tenant, and Tenant hereby leases from Landlord, and takes upon and subject to the terms, covenants terms and conditions hereinafter set forth, all that certain parcel of land situated in an approximately 371, 440 square foot building shell (the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein Existing Shell") to be expanded by approximately 135,000 square feet pursuant to the terms hereof (the Existing Shell as so expanded is hereinafter referred to as the "LandBuilding"), together with those and that certain Landlord's Improvements as defined real property on which the Existing Shell is located, which real property is located in Jefferson County, Kentucky and is more particularly described by the Work Letter legal description attached hereto as Exhibit "BA" ("Work Letter") to be constructed by Landlordcollectively, 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 Landlord shall acquire the approximately seven (a7) all liens, encumbrances, deeds acres of trust, reservations, covenants, conditions, restrictions and other matters affecting real property described as the Premises ("Title Matters") (i) in effect Expansion Land" on the Effective Date drawing attached hereto as Exhibit "A-1". Landlord covenants that such Expansion Land shall be sufficiently large to accommodate the expansion of the Existing Shell in accordance with the terms of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1Lease. Upon such acquisition, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Expansion Land 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 included within the Premises for its intended purposeall purposes of this Lease. Landlord and Tenant shall deliver written notice agree to Landlord of its approval or disapproval enter into an amendment to this Lease to incorporate a legal description of such Title Matters within ten (10) days after delivery Expansion Land to be acquired by Landlord. This Lease is subject to all encumbrances, easements, covenants and restrictions set forth on Exhibit "A-2" attached hereto. Landlord represents that the real property upon which the Premises is to Tenant be located is zoned so as to permit office, warehouse and distribution center uses. Landlord covenants to file a subdivision map or take such other necessary actions as promptly as reasonably practicable in order to render the land upon which the Existing Shell is located, together with the Expansion Land, a legal lot for purposes of such new Title Matterapplicable law. 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 new Title Matter shall be deemed approved.Term
Appears in 1 contract
Sources: Standard Industrial Lease Agreement (Guess Inc Et Al/Ca/)
Premises. Landlord, for and in consideration (a) Effective as of the rentsThird Expansion Date (hereinafter defined), covenants and agreements hereinafter set forth, hereby leases Landlord shall lease the Third Expansion Space to Tenant and Tenant hereby leases shall lease the Third Expansion Space from Landlord, upon and subject to the termsPremises, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Lease, shall mean, collectively, the Current Premises and the Third Expansion Space. Accordingly, effective as of the Third Expansion Date, the “Agreed Rentable Area”, as defined in Item 2 of the Basic Lease Provisions, shall be amended to mean 113,368 square feet. The Third Expansion Space shall be subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances or free rent in connection with the Third Expansion Space granted with respect to the Current Premises unless such concessions are expressly provided for herein with respect to the Third Expansion Space.
(b) As used herein, the “Third Expansion Date” shall mean the earlier to occur of (i) June 1, 2012 or (ii) the date of Substantial Completion with respect to the Third Expansion Space, which date of Substantial Completion shall be subject to adjustment for any Tenant Delays (as defined and determined in accordance with the terms of the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and delivery of possession of the Third Expansion Space in vacant, broom clean condition. Upon Substantial Completion of the Third Expansion Space, Landlord and Tenant shall execute an Acceptance of Premises Memorandum in substantially the form of Exhibit E attached to the Lease. If Tenant occupies any portion of the Third Expansion Space, other than for the purposes of installing Tenant’s property as described in Section 1(c) below, without executing the Acceptance of Premises Memorandum, Tenant shall be deemed to have accepted such Third Expansion Space for all other improvementspurposes, 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 the terms of trust, reservations, covenants, conditions, restrictions the Lease and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease Amendment as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity otherwise applicable to the Premises or (e.g., Tenant’s express rights to object to defects). Effective as of the use or occupancy thereofThird Expansion Date, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Exhibit A attached hereto shall be subject added to and incorporated into Exhibit A 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 new Title Matter shall be deemed approvedLease.
Appears in 1 contract
Sources: Lease Agreement (Bazaarvoice Inc)
Premises. Landlord, for Subject to and in consideration with the benefit of the rentsprovisions of this Lease, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon space in the Building, excluding exterior faces of exterior walls, the common facilities area and building service fixtures and equipment serving exclusively or in common other parts of the Building. Tenant’s space, with such exclusions, is hereinafter referred to as the “Premises”. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the terms, covenants and conditions hereinafter set forth, all that certain parcel Building from time to time made by Landlord in accordance with Section 6.1.4 of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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". which Tenant acknowledges that this Lease is subordinate and subject to given prior written notice: (a) the common facilities included in the Building or on the lot upon which the Building is located as described in Exhibit B attached hereto (the “Lot”), including the parking facilities (specifically Tenant shall have the right to use the parking facilities in the amount of 3.2 spaces per 1,000 rentable square feet (“RSF”) of the Premises, on a “non-reserved, first-come first-serve” basis with all liensother tenants in the Building, encumbrancesincluding their employees and/or invitees, deeds of trustand for which use there shall not be an additional charge to Tenant, reservationsits employees or invitees. Additionally, covenantsTenant shall be provided with ten (10) designated visitor parking spaces on the Lot), conditionsbathrooms, restrictions loading dock(s), and other matters affecting facilities located outside of the Premises ("Title Matters") (i) in effect on Premises, to the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant extent from time to this Section 1.1, ("Permitted Encumbrances") time designated by Landlord; and (b) the Building service fixtures and equipment serving the Premises. 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 ▇▇▇▇▇▇▇▇▇ Farm-Westford Technology Park (the “Park”) from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park, including, without limitation, the Common Areas shown on the Plan of the Park attached hereto as part of Exhibit A-1, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof, (the “Common Areas”); provided that any lawsuch amendment or modification shall not materially adversely affect Tenant’s rights hereunder, regulation(b) all rights to access, ruleall service areas, order drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, and the sewer treatment plant serving the Park, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or ordinance visitors parking areas for use of any governmental entity applicable the entire Park, if any, (e) all other rights appurtenant to the Lot and the Building, (f) all means of access to and from the Building and to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord reserves the right from time to time with prior written notice and without unreasonable interference with Tenant’s use (a) to install, repair, replace, use, maintain and relocate for service to the Premises or to other parts of the use Building or occupancy thereofboth, building service fixtures and equipment wherever located in effect on the execution Building, and (b) to alter or relocate any of this Lease the Common Areas or thereafter promulgated. In other common facility, including modifications of the event thatlot lines of the Lot and the parking facilities, after the Effective Date provided that substitutions are substantially equivalent or better and any new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval modifications 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 new Title Matter shall be deemed approvedaffect Tenant’s rights hereunder.
Appears in 1 contract
Sources: Lease Agreement (Sonus Networks Inc)
Premises. LandlordThe property located at 11500, for 11508, 11510, 11512, 11514 and ▇▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, located in consideration the County of Los Angeles, State of California, more particularly described on Exhibit A attached hereto (the “Premises”). (See also Section 2 below.) Sublessor is the current Lessee of the rentsPremises under that certain Lease Agreement dated as of June 12, covenants 2015 (as amended, the “Master Lease”), as amended by a First Amendment to Lease Agreement dated August 1, 2015, by a Second Amendment to Lease Agreement dated September , 2016, and agreements hereinafter set forthby a Third Amendment to Lease Agreement dated March 30, hereby leases to Tenant 2017, by and Tenant hereby leases from Landlordbetween ▇▇▇▇▇ ▇▇▇▇▇▇▇ (“Master Lessor”) and Sublessor. It is expressly understood, upon acknowledged and agreed by Sublessee that this Sublease is subject to the terms, conditions and covenants of the Master Lease. Sublessee will and hereby agrees to be subject to and bound by and to comply with the Master Lease with respect to the Premises and to satisfy all applicable terms and conditions hereinafter set forthof the Master Lease, all that certain parcel including the payment to Master Lessor of land situated in the County stated rent due thereunder (the “Ground Rent”) and payment to Master Landlord of Riverside, and State the amounts due on account of California delineated on Exhibit "A" attached hereto and incorporated herein the “Lessor Improvement Balance” ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" Second Amendment to the Master Lease) ("Work Letter") the “LIB Payments”), for the benefit of both Master Lessor and Sublessor, and that upon the breach of any of such terms, conditions or covenants of the Master Lease by Sublessee or upon the failure of Sublessee to be constructed by Landlordpay rent or comply with any of the provisions of this Sublease, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") Master Lessor may exercise any and all other improvementsrights and remedies granted to Master Lessor by the Master Lease, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed or located thereon Sublessor may exercise any and all additionsrights and remedies granted to Sublessor by this Sublease. It is further understood and agreed that so long as Sublessee is not in default under this Sublease, alterations the Sublessor shall maintain the Master Lease in full force and replacements thereof (collectively "Improvements")effect during the term of this Sublease; provided, however, that Sublessor will not be liable to Sublessee for any earlier termination of the Master Lease which is not due to the fault of Sublessor. Herein the Land and the Improvements are referred to collectively as the "Premises". Tenant Sublessee hereby acknowledges that it has read and is familiar with the terms of the Master Lease, and agrees that this Lease Sublease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Master Lease and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of that any termination thereof will likewise terminate this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedSublease.
Appears in 1 contract
Sources: Sublease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby (a) Landlord leases to Tenant and Tenant hereby leases from Landlord▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, upon which the parties stipulate and subject to agree is 7,268 rentable square feet as shown on the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter floor plan attached hereto as Exhibit "B" “A” ("Work Letter"“Premises”), located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Avenue, Radnor, Delaware County, PA 19087 (“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i - 1996) standards and methodology.
(b) Tenant currently leases the Premises from Landlord, pursuant to a lease (“Expiring Lease”) dated September 29, 2006, which lease expires at 11:59 p.m. on August 31, 2017. The Term of this Lease shall commence immediately upon the expiration of the Expiring Lease. Tenant accepts the Premises in its “AS IS”, condition, except that Landlord shall perform certain work in the Premises in substantial conformity with mutually agreed upon construction plans to be constructed prepared by ▇▇▇▇▇ Associates (“Landlord’s Work”), the same of which shall be attached hereto, made a part hereof and marked as Exhibit “B”. Landlord shall only be responsible for payment of a maximum cost of $15.00 per rentable square foot (an amount equal to $109,020.00) for the Landlord’s Work (the “Landlord Allowance”). All costs of the Landlord’s Work in excess of the Landlord Allowance shall be borne by Tenant, and shall be paid to Landlord upon the within thirty (30) days of delivery of an invoice and reasonable documentation therefor. Should Landlord not use the full amount of the Landlord Allowance for Landlord’s Work, Tenant may use up to $2.00 per rentable square foot of the remaining Landlord Allowance as needed to make the Premises ready for occupancy, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsTenant’s furniture, machineryfixtures, equipment, fixtures and other property voice and data cabling. Should this be the case, any excess Landlord Allowance shall be paid to Tenant within thirty (except 30) days of written request by Tenant's trade fixtures, but in any event shall be requested and paid prior to the Commencement Date or forfeited. The Tenant Allowance shall be reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the Premises for occupancy. Tenant shall have the right to select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. In addition to the Landlord Allowance, Landlord, at its sole cost, shall endeavor to replace the sixth floor common area carpet with Building-standard carpet within calendar year 2017 (but no later than the end of the first quarter of calendar year 2018), in addition to steam-cleaning the carpet in the Premises following completion of Landlord’s Work. Landlord shall be installed required as part of Landlord’s Work to obtain all permits, approvals and certificates of occupancy for Tenant to operate in the Premises for its Permitted Use. Except as set forth herein or located thereon otherwise on Exhibit B attached hereto, Tenant acknowledges and all additionsagrees that Landlord has no obligation under the Lease to make any improvements to or perform any work in the Premises, alterations or provide any improvement allowance, and replacements thereof (collectively "Improvements"). Herein Tenant accepts the Land and the Improvements are referred to collectively as the "Premises"Premises in their current “AS IS” condition. Tenant acknowledges that this Lease the Leasehold Improvements (as defined in Exhibit B) will be completed while Tenant is subordinate occupying the Premises, and may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Landlord’s completion of the Leasehold Improvements during Tenant’s occupancy of the Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Landlord will provide Tenant with a schedule for completing the Leasehold Improvements, after which Tenant will provide access to the Premises to Landlord without Landlord having to provide any further notice to Tenant.
(c) Any work performed by Tenant with any excess Landlord Allowance (“Tenant’s Work”) shall be deemed to be an Alteration under Article 8 hereof, and shall be performed by responsible contractors and subcontractors who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; and shall name the Landlord harmless from and against any and all claims arising from, under or in connection with such construction, and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedinsurance provisions herein.
Appears in 1 contract
Sources: Lease (Actua Corp)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases hires from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises identified in Article I in the County of RiversideBuilding, and State of 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 "B" ("Work Letter") to 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 excluding (a) all liensthe common stairways, encumbrancesstairwells, deeds elevators and elevator ▇▇▇▇▇, the exterior faces of trustthe exterior walls, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any lawthe pipes, regulationducts, ruleconduits, order or ordinance wires and appurtenant fixtures serving the Premises and/or other parts of any governmental entity applicable the Building, and reserving to the Premises Landlord the right to relocate same within or without the Premises, upon 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 use or occupancy thereofof the common areas of the Building, the Lot and the Garage, subject to parking privileges and the Rules and Regulations set forth in Exhibits “A” and “B” annexed hereto.
(c) Tenant, in effect on common with other tenants of the execution of this Lease or thereafter promulgated. In Building and the event thatLandlord, 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 have the use or occupancy by Tenant of the area above the ceilings in the Premises for its intended purpose. 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 deliver written notice promptly repair all roof punctures made on account thereof, (ii) Tenant shall place such items as Landlord shall direct, and (iii) wiring to Landlord of its approval or disapproval of any 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 installation shall comply with all codes applicable thereto 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 new Title Matter shall be deemed approvedeffected by contractors reasonably satisfactory to Landlord.
Appears in 1 contract
Sources: Lease (CNB Financial Corp.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that Landlord those certain parcel of land premises situated in the City of Fremont, County of RiversideAlameda, and State of California delineated California, being all of the rentable square 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 incorporated 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 ("Land"), together with those certain Landlord's Improvements as defined in Section 6.B below). Landlord shall have the Work Letter attached hereto as Exhibit "B" ("Work Letter") right, in its sole and absolute discretion, from time to 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)time, to be installed or located thereon do the following, provided that reasonable access to the Premises remains available 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 such actions do not materially interfere with Tenant’s business operation: (a) all liensmake changes to the Common Area and/or the Project, encumbrancesincluding, deeds without limitation, driveways, entrances, circulation drives, parking spaces, parking areas, direction of trustdriveways, reservationslandscaped areas and walkways, covenantsprovided 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, conditionsrepairs or alterations to the Project; and (e) do and perform any other acts, restrictions and alter or expand or make any other matters affecting changes in, to or with respect to the Premises 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 ("Title Matters"if any) (i) as Landlord in effect the exercise of its sole business judgment shall determine to best promote the interests of Landlord. Tenant has not relied on the Effective Date fact, nor has Landlord represented, that any specific tenant or type or number of tenants shall occupy any space in the other Project buildings (if any), or that any specific tenant or type of tenant shall be excluded from occupying any space in the other Project buildings (if any). Landlord and Tenant have agreed to use the square footage numbers set forth in this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance the basis of any governmental entity applicable to calculating the Premises or the use or occupancy thereof, in effect on the execution of rent due under this Lease or thereafter promulgatedand Tenant’s Allocable Share (defined in Section 9.E below). In the event that, after the Effective Date any new Title Matters appear of record, such matters The rent due under this Lease and Tenant’s Allocable Share shall not be subject to revision if the review and approval 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 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 a partial taking of the Premises for its intended purposeProject as described in Section 17 below). Tenant shall deliver written notice to Landlord No representation or warranty of its approval any kind, express or disapproval of such Title Matters within ten (10) days after delivery by Landlord implied, is given to Tenant with respect to the square footage or acreage of such new Title Matterthe Premises, Building or any other portion of the Project. If Tenant fails to respond within such ten (10) day period and Landlord delivers a written reminder notice shall have no liability to Tenant and Tenant fails to respond within five (5) days of if the delivery of square footages or acreage described in this Lease differ from the written reminder notice, the new Title Matter shall be deemed approvedactual square footages or acreage.
Appears in 1 contract
Sources: Lease Agreement (Cutera Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel vacant land consisting of land situated approximately sixty-seven (67) acres located near ▇. ▇▇▇▇▇▇▇ Road, in the County of RiversideBannock, and State of California delineated on Idaho, legally described in attached Exhibit "“A" ” attached hereto as hereinafter provided and incorporated herein ("Land")depicted on the Map attached as Exhibit “B”, together with those certain Landlord's Improvements all easements which are now or in the future may be appurtenant thereto (“Premises”). Landlord represents and warrants to Tenant that, notwithstanding anything to the contrary on Exhibit C to this Lease, Tenant has a legal right to access the premises from South ▇▇▇▇▇▇▇ Road over an “at grade” railroad crossing (the “Access Right”). In addition, Landlord covenants to use its best efforts to obtain and record one or more easements to the real property described in Exhibit A for ingress, egress, and utilities in form and substance reasonably satisfactory to Tenant (the “Easement”). Landlord acknowledges and agrees that time is of the essence in obtaining and recording the Easement. Landlord represents to Tenant that the Premises, and each of Tenant and all of the Tenant Parties as defined in Section 8.1, as well as their customers and guests shall have non-exclusive ingress and egress to and from the Work Letter attached hereto as Exhibit "B" Premises and, except to the extent set forth in this Lease or to the extent that Tenant enters into an agreement with any third party, the Premises shall not be burdened in any manner by any access or other rights granted to any third parties; provided, however, that the foregoing shall not apply to: ("Work Letter"i) to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures agreements reached in cooperation with Landlord and other property third parties for easement rights for utilities or other similar easements, provided that such agreements and instruments are disclosed prior to the Effective Date and do not materially interfere with Tenant’s use of the Premises for purposes permitted under Section 6.1 below, Tenant’s occupancy of the Premises and do not otherwise materially and adversely increase Tenant’s obligations or decrease Tenant’s rights under this Lease, and (except Tenant's trade fixtures), to ii) other rights or obligations of Landlord or Tenant which may 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"contained in this Lease. Tenant acknowledges that agrees to accept possession of the Premises from Landlord on the terms and conditions of this Lease is subordinate and upon the Effective Date hereof subject to (a) all lienscurrent matters of public record (subject to the provisions in the immediately following paragraph), encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any lawall applicable zoning, regulationmunicipal, rulecounty, order or ordinance of any governmental entity applicable to the Premises or state and federal laws, ordinances and regulations governing and regulating the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 which exist 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 new Title Matter shall be deemed approvedwhich are hereinafter enacted.
Appears in 1 contract
Sources: Ground Lease (Hoku Scientific Inc)
Premises. Landlord is the owner in fee simple of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). [ALTERNATE FOR SUBLEASES] Landlord is the lessee of that certain real property legally described on Exhibit "A" attached hereto and made a part hereof, which real property is located at: (INSERT ADDRESS, CITY AND STATE) _______________________, ________,_________ ("Real Property"). Landlord has leasehold title to the Real Property pursuant to that certain lease by and between _______________________ ("Prime Landlord") and Landlord as the tenant thereunder, for dated as of _______________, a copy of which (with financial and in consideration of the rents, covenants other confidential information redacted by Landlord) is attached hereto as Exhibit "A-1" and agreements hereinafter set forth, made a part hereof ("Prime Lease"). Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord certain premises to be constructed on the Real Property as herein provided, upon which shall contain approximately one thousand two hundred (1,200) square feet of interior sales floor area and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated area which is approximately two thousand (2,000) square feet, located on the Real Property and designated "NationsRent Storage" on the site plan attached as Exhibit "B", hereinafter referred to as "NationsRent Storage Area" which premises are to be constructed by Landlord in the County of Riverside, and State of California delineated location shown on the site plan attached as Exhibit "AB" attached hereto and incorporated herein made a part hereof ("LandSite Plan"), together with those certain the right to use the service drives located behind the Landlord's Improvements retail facility located on the Real Property ("Landlord's Retail Facility") for deliveries to the NationsRent Storage Area and the right to use the "Common Areas" (as defined in Article 7 hereof) of the Work Letter attached hereto as Exhibit "B" Real Property for their intended purposes ("Work Letter") to be constructed by Landlordcollectively, 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"). Landlord and Tenant acknowledges agree that this Lease is subordinate neither party shall unreasonably block the service drives that are located behind the Landlord's Retail Facility, except for temporary periods of time provided that same does not unreasonably interfere with the other party's business or operations. Landlord shall not obstruct or place any property or other items in that portion of the sidewalk, loading area or driveway directly in front of Tenant's Premises or materially block any of Tenant's signage. Landlord also grants Tenant the right to use the sidewalks and subject to (a) all liensloading area directly in front of the Tenant's Premises for the display of Tenant's equipment and for loading and unloading Tenant's equipment, encumbrancesprovided the same does not violate any codes, deeds of trustordinances, reservationsregulations, covenants, conditions, restrictions local laws or any reciprocal easement and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto operating agreement and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable covenants recorded with respect to the Real Property. Any display of equipment other than directly in front of Tenant's Premises or in the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters NationsRent Storage Area shall be subject to the review Landlord's prior approval as to duration 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 new Title Matter shall be deemed approvedlocation.
Appears in 1 contract
Premises. LandlordSublessor hereby subleases to Sublessee and Sublessee hereby -------- subleases from Sublessor for the term, for at the rental, and in consideration upon all of the rentsconditions set forth herein, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel improved space (the "Subleased Premises") consisting of land approximately one hundred thousand (100,000) rentable square feet, situated in that certain industrial building (the County "Building") located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. A depiction of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Subleased Premises is attached hereto as Exhibit "BA-1." The parties hereto ------------ acknowledge and agree that during the first ninety ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 (590) days of the delivery term of this Sublease the Subleased Premises shall consist of Fifty Thousand (50,000) rentable square feet as depicted on Exhibit "A-2." During the term of this ------------ Sublease, Sublessee shall have the right to use Sublessor's current inventory control and shipping systems ("Systems") to the extent permitted under Sublessor's licenses relating thereto at no additional cost to Sublessee. Notwithstanding the foregoing, Sublessor shall have no liability whatsoever to Sublessee for any error, act, omission, or failure associated with the Systems or the use by Sublessee thereof, unless such error, act, omission or failure is attributable to Sublessor's willful misconduct or gross negligence. In addition, in no event shall Sublessee be entitled to any reduction in or offset to Basic Rent or Additional Rent hereunder as a result of any such error, act, omission or failure or in the event Sublessee elects at any time to discontinue its use of the written reminder notice, the new Title Matter shall be deemed approvedSystems.
Appears in 1 contract
Sources: Sublease Agreement (Ubid Inc)
Premises. Landlord, for (a) Landlord does hereby rent and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases lease to Tenant and Tenant does hereby leases rent and lease from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated Premises located in the County of RiversideBuilding and in the Industrial Center identified in the Basic Lease Provisions, and State of California delineated situated on the real property described in Exhibit "A" attached hereto and incorporated herein (the "LandProperty"), together with those certain Landlord's Improvements such Premises as defined in all further shown by diagonal lines on the Work Letter drawing attached hereto as Exhibit "BA-1" ("Work Letter") to be constructed and made a part hereof 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"reference. Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting has inspected the Premises (and agrees to accept the same "Title Matters") (i) in effect AS IS," without representation or warranty on the Effective Date part of this Lease Landlord to perform any improvements therein, except as specified expressly set forth in Exhibit "CB" attached hereto and incorporated made a part of hereof, subject to all other representations and warranties of Landlord expressly set forth in this Lease. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises.
(b) Tenant shall be entitled to use the number of unreserved parking spaces specified in Paragraph 9 of the Basic Lease Provisions on those portions of the Common Areas designated from time to time by Landlord for parking, which shall include fifteen (15) general "visitor"-designated parking spaces near the front entrance of the Premises (marked on the ground as such and identified by signage erected by Landlord). Tenant shall not use more parking spaces than said number. Said parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Rules and Regulations as defined in Paragraph 14 issued by Landlord. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant or Tenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Landlord for such activities. If Tenant permits or allows any of the prohibited activities described in this Paragraph 1, then Landlord shall have the right, upon reasonable notice (which may take the form of a general notice in the parking areas), in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord.
(i) The term "Preliminary Report") or common areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Industrial Center and interior utility raceways within the Premises that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant and other Tenants of the Industrial Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Within such common areas, Landlord shall provide Tenant with a loading area for Tenant's exclusive access.
(ii) approved Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the common areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance under the terms of any governmental entity applicable to the Premises rules and regulations or restrictions governing the use of the Industrial Center; provided, however that Tenant shall have no right to use the common areas of buildings in the Industrial Center other than the common areas within the Building. Under no circumstances shall the right herein granted to use the common areas be deemed to included the right to store any property, temporarily or occupancy thereofpermanently, in effect on the execution common areas. Any such storage shall be permitted only by the prior written consent of this Lease Landlord or thereafter promulgatedLandlord's designated agent, which consent may be revoked at any time. In the event thatthat any unauthorized storage shall occur then Landlord shall have the right, after without notice, in addition to such other rights and remedies that it may have, to remove the Effective Date any new Title Matters appear property and charge the cost of recordTenant, such matters which cost shall be subject immediately payable upon demand by Landlord.
(iii) Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the common areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable, non-discriminatory Rules and Regulations with respect thereto in accordance with Paragraph 14. Tenant agrees to abide by and conform to all such Rules and Regulations, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform; provided, however, that Tenant shall only be bound by Rules and Regulations and changes thereto if Landlord has provided such Rules and Regulations (or changes thereto) to Tenant and in the case of changes to the review Rules and approval Regulations, Tenant has received thirty (30) days prior written notice of Tenant which approval such changes. Landlord shall not be withheld so long responsible to Tenant for the non-compliance with said rules and regulations by other tenants of the Industrial Center, but, upon receipt of written notice from Tenant, landlord shall use commercially reasonable efforts to enforce such rules and regulations as to other tenants not in compliance therewith.
(iv) Tenant shall not succeed to any of Landlord's easement rights over and relating to the new Title Matter does not materially Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, maintenance, configuration, repair and adversely impair improvement of the common areas, which Landlord shall keep neat and clean and in good condition and repair. Landlord may make such changes to the use or occupancy by Tenant configuration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant's vehicular parking rights or areas, Tenant's path of ingress and egress, Tenant's signage, the common area lighting, or Tenant's use and enjoyment 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 new Title Matter shall be deemed approvedcommon areas.
Appears in 1 contract
Sources: Industrial Lease Agreement (Altigen Communications Inc)
Premises. LandlordSublessor hereby releases to Sublessee on the terms and conditions set forth in this Sublease the Master Premises (“Premises”): There is a discrepancy in the size of the Building between that referred to in the Master Lease and that referred to in the space plan of the Building. For all purposes of this Sublease, the Premises shall be conclusively deemed to be 85,356 square feet calculated pursuant to the Standard Method of Measuring Floor Area, ANSI Z65.1-1996 (“BOMA Standard”). Sublessee accepts the Premises in their present “AS-IS” condition and shall be responsible, at its cost and expense, for all alterations, improvements, additions and in consideration other work required or desired for its use and occupancy of the rentsPremises, covenants and agreements hereinafter set forthexcept for the work, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as if any specified in Exhibit "C" attached hereto B which is to be performed by Sublessor at its cost as therein provided. Sublessee will use its own due diligence to determine if the Property is in compliance with all laws, codes and incorporated herein ("Preliminary Report") regulations having jurisdiction including building codes, fire codes, life safety and ADA and will satisfy itself as to the conditions of the building and the air conditioning units, plumbing, heating and electrical panels and meters. To the best of Sublessor’s knowledge, there are no known violations of law. All improvements by Sublessee shall be pre-approved, constructed and maintained by Sublessee in accordance with the Master Lease. If required by Lessor, Sublessee, shall, remove any improvements installed by Sublessee before the end of Sublessee’s term hereunder, however terminated during the Sublease term. Sublessee desires to install HVAC units and has submitted plans with respect thereto. Sublessee warrants, and Sublessor guarantees, that the HVAC units, if approved, will be watertight and that the integrity of the roof will not be impaired thereby. Until further notice by the Lessor, the HVAC units will not be removed before or (ii) approved upon the end of Sublessee’s term hereunder, however, terminated and shall remain on the premises. Any removal and restoration of improvements by Sublessee as may be required by Lessor, shall he completed prior to the end of the Sublease term and in accordance with the Master Lease. Sublessor Warrants that, should Sublessee’s installation, removal or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance maintenance of any governmental entity applicable to the Premises or the use or occupancy thereofimprovements cause Lessor damage, Sublessor, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters addition to Sublessee shall be subject jointly and severally responsible to the review Lessor for all costs 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 noticedamages resulting therefrom, the new Title Matter shall be deemed approvedincluding attorneys’ fees.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases ]cases to Tenant and Tenant hereby leases from Landlord, upon and subject to all of the terms, covenants terms and conditions hereinafter set forthforth herein, those certain premises (the "PREMISES") described in the Basic Lease Information and as outlined in red or as shown in the cross-hatched markings on the floor plan attached hereto as EXHIBIT B. The parties agree that for all purposes hereunder the Premises shall be stipulated to contain the number of square feet of rentable area described in the Basic Lease Information. The Premises are located in that certain parcel office building (containing 46,478 rentable square feet of land situated space) (the "BUILDING") whose street address is as shown in the County of RiversideBasic Lease Information, and State of California delineated such rentable area shall not be subject to remeasurement or modification. The Building is located on Exhibit "A" attached hereto that certain land which is also improved with landscaping, parking facilities and incorporated herein ("Land")other improvements and appurtenances. Such land, together with those certain Landlord's Improvements all such improvements and appurtenances and the Building, are all or part of a project which may consist of more than one building and additional facilities, as defined described in the Work Letter attached hereto as Exhibit "B" Basic Lease Information ("Work Letter"containing 260,026 rentable square feet of space) to 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 referred to herein as the "ImprovementsPROJECT"). Herein However, Landlord reserves the Land right to make such changes, additions and/or deletions to such land, the Building and the Improvements are referred Project and/or the common areas and parking or other facilities thereof as it shall determine from time to collectively as the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all lienstime, encumbrancesprovided that, deeds of trustin connection with such changes, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") additions and/or deletions (i) in effect on the Effective Date Tenant's obligations under Paragraph 3 of this Lease shall not be increased as specified in Exhibit "C" attached hereto a result thereof, and incorporated herein ("Preliminary Report") or (ii) approved Landlord agrees to use commercially reasonable efforts to avoid material and adverse interference with Tenant's use of or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable access to the Premises or and the use or occupancy thereofparking facilities servicing the same. During the Term, Landlord shall maintain the Building and Project in effect on a manner at least consistent with the execution manner in which the Building and Project are being maintained as of the date of this Lease or thereafter promulgatedLease. In the event thatSubject to Landlord's reasonable rules and regulations, after the Effective Date any new Title Matters appear of record, such matters Tenant shall be subject have access to the review Premises and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair parking facilities servicing 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 same, twenty-four (1024) hours a day, seven (7) 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 new Title Matter shall be deemed approvedweek.
Appears in 1 contract
Sources: Office Lease (L90 Inc)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the Lease Term and upon the conditions and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated forth in the County of Riverside, and State of 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 "B" ("Work Letter") to 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"this Lease. Tenant acknowledges that this Lease is subordinate will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and subject to (a) all liens, encumbrances, deeds public areas of trust, reservations, covenants, conditions, restrictions the Building for ingress and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the use or occupancy thereof, in effect Building. With respect to Landlord’s entry on the execution of this Lease or thereafter promulgated. In roof terrace, except in the event thatof an emergency, Landlord shall endeavor to give Tenant advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s use of such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if such use of the Effective Date any new Title Matters appear roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of record, such matters maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be subject to the review 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 approval of regulations promulgated by Landlord and delivered to Tenant which approval shall not be withheld 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 new Title Matter 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 materially include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and adversely impair Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the use Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to be performed by Landlord pursuant to the Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or occupancy by Tenant 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 intended purposePremises. Landlord and Tenant agree that as of the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth in Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to remeasurement absent a change in the configuration of space in the Building impacting the Premises or Storage Space.
2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall use commercially reasonable efforts to deliver written notice the Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to Landlord the extent that less than an entire floor is part of its approval or disapproval of such Title Matters within ten (10the Premises) days after delivery 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 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 all of the delivery terms of this Lease, but no such permitted entry shall change the Lease Commencement Date or the expiration date of the written reminder notice, the new Title Matter shall be deemed approvedLease Term.
Appears in 1 contract
Premises. LandlordLandlord does hereby lease to Tenant, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant does hereby leases lease from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter herein set forth, all that certain parcel of land situated the Premises described in Section l(b) hereof as shown on the County of Riverside, and State of California delineated on Plans referenced in Exhibit "A" A-1 attached hereto and incorporated herein 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 those certain Landlord's Improvements as defined the right to use the large green "Commons" area in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 center of the campus of which the Land is a part. All of Tenant's trade fixtures), to be installed or located thereon rights in and all additions, alterations and replacements thereof (collectively "Improvements"). Herein over 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Commons shall be subject to the review 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 approval 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 which approval under this Lease. Landlord shall cause to be executed, concurrent with full execution of this Lease, 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 direct lease between Tenant and PMC without further action by either party, and provided only that PMC shall not be withheld so long as liable for (i) any claims against the new Title Matter does not materially and adversely impair Landlord under this Lease accruing prior to 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 date this Lease becomes a written reminder notice to direct lease between Tenant and Tenant fails PMC, or (ii) any initial construction or allowance obligations under this Lease. "Net rentable square feet", "rentable area", and similar terms used herein when applied to respond within five (5) days of the delivery of the written reminder notice, the new Title Matter future calculations or adjustments shall be deemed approvedmean "Rentable Area" as defined in BOMA American National Standard Z6.1-1996.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Premises. Landlord1. The Premises is to be approximately 35,000 square feet located on the first, for second and in consideration third floor of the rentsRail Station Building, covenants which includes hold rooms, ticket counters and agreements hereinafter 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 Rail Station Building (which shall be accomplished by the parties working together in good faith acting reasonably and as contemplated in Section 5.01 below), the parties agree to substitute a revised Exhibit “B” to depict the Premises that will be constructed. Any changes to the Premises, except as set forthforth herein, shall be evidenced by an amendment to this Agreement.
3. The Authority hereby leases and demises to Tenant Rail Company and Tenant hereby leases Rail Company agrees to lease and accept from Landlordthe Authority, upon and subject to the termsPremises. Upon Substantial Completion of the Rail Station Building, covenants and conditions hereinafter set forthRail Company shall accept the Premises “as is”, all that certain parcel of land situated generally in the County of Riversidesame condition in which such space or any part thereof will be provided, and State of California delineated however, the Authority shall assign any warranties on Exhibit "A" attached hereto and incorporated herein ("Land")the construction, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to be constructed by Landlordmaterials, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures equipment and other personal property (except Tenant's trade fixtures)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 Authority shall have no obligation to do any work on, or make any improvements 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable with respect to the Premises or the use or occupancy condition thereof, unless otherwise specifically agreed to by the Authority.
4. The Authority may, in effect on its reasonable discretion, (i) make changes in the execution 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 any such event, or upon any change in Premises made hereunder or to the premises leased by any other party, the 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 Lease or thereafter promulgated. In the event thatAgreement; provided, after the Effective Date any new Title Matters appear of recordhowever, such matters shall be subject to the review and approval of Tenant which approval that Rail Company’s Rail Transportation Business shall not be withheld so long as adversely affected in any material respect by any such changes.
5. Rail Company and the new Title Matter does not materially Authority agree that it is important to maximize the efficiency of space leased and adversely impair 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 per square foot rent herein effect under this Agreement. At any time during the term of any Space/Use Agreement, Rail Company may request that the space leased thereunder be added to this Agreement. The Authority may approve or occupancy by Tenant of the Premises for deny this request in 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 Matterreasonable discretion. 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 Rail Company requests additional space outside the written reminder notice, the new Title Matter Rail Station it shall be deemed approvedhandled 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. Landlord(a) The Seller’s Premises and the Subsidiaries’ Premises comprise all the land and buildings owned, for occupied or otherwise used in connection with the Business and all the estate, interest, right and title whatsoever (including interests in consideration the nature of options and rights in the nature of contractual licences) of the rentsBusiness in respect of any land or premises.
(b) The Seller’s Premises the Subsidiaries’ Premises which are occupied or otherwise used by the Seller or any Subsidiary in connection with the Business are so occupied or used by right of ownership or under lease or licence, covenants and agreements hereinafter the terms of any such lease or licence.
(c) The Seller or a Subsidiary are the sole legal and beneficial owner of the Seller’s Premises or the Subsidiaries’ Premises and is in sole and undisputed occupation of each of them subject only to the (sub)leases tenancies or other rights of occupation in favour of third parties details of which are set forth, hereby leases to Tenant out in full in Schedule 5.
(d) The Seller’s Premises and Tenant hereby leases the Subsidiaries’ Premises are free from Landlord, upon any Security Interest.
(e) The Seller’s Premises and the Subsidiaries’ Premises are not subject to the termsany outgoings other than business rates, covenants water and conditions hereinafter set forthsewerage charges and insurance premiums and, all that certain parcel of land situated in the County case of Riversideleasehold properties, rent and State of 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 "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") service charges and all other improvements, machinery, equipment, fixtures outgoings have been duly paid to date and other property none is in dispute.
(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 f) Where any such matters as are referred to collectively as in paragraphs 8.2(a) and 8.2(b) have been disclosed in the "Premises". Tenant acknowledges that this Lease is subordinate Disclosure Letter, the obligations and liabilities imposed and arising under them have been fully observed and performed and any payments in respect of them due and payable have been duly paid.
(g) The Seller’s Premises and the Subsidiaries’ Premises are not subject to any option, right of pre-emption or right of first refusal.
(ah) all liens, encumbrances, deeds of trust, reservationsAll agreements, covenants, conditions, restrictions and other matters affecting to which the Seller’s Premises ("Title Matters") and the Subsidiaries’ Premises are subject have been complied with.
(i) in effect There are no claims, disputes or outstanding orders or notices affecting the Seller’s Premises and the Subsidiaries’ Premises (whether served by a landlord, local authority, local planning authority or other body or person) and none are anticipated.
(j) The building and other structures on the Effective Date Seller’s Premises and the Subsidiaries’ Premises have been properly and soundly constructed and are in good and substantial repair and fit for the purposes for which they are presently used. There is no material defect in the construction or condition of this Lease as specified in Exhibit "C" attached hereto the Seller’s Premises and incorporated herein the Subsidiaries’ Premises and no mining operations have been or are contemplated under any of them.
("Preliminary Report"k) There are no disputes with any adjoining or (ii) approved neighbouring owner with respect to boundary walls and fences or deemed approved pursuant with respect to this Section 1.1any easement, ("Permitted Encumbrances") and (b) any law, regulation, rule, order right of or ordinance means of any governmental entity applicable access to the Seller’s Premises and the Subsidiaries’ Premises.
(l) The Seller or any Subsidiary has not had occasion or reason to make any claim or complaint in relation to any neighbouring property or its use or occupation.
(m) The Seller’s Premises and the Subsidiaries’ Premises enjoy full and unrestricted mains services of water foul and surface water drainage, electricity and gas which are adequate for the purposes for which the Seller’s Premises and the Subsidiaries’ Premises are presently used. The pipes, wires, cables, sewers, drains and other services which serve the Seller’s Premises and the Subsidiaries’ Premises either do not pass through land in the ownership of another person or company before connecting to the mains or the use Seller’s Premises have the benefit of the necessary easements in respect of the same perpetuity and at no or occupancy thereofonly a nominal charge.
(n) There has been no flooding, subsidence, heave or significant structural or drainage defect in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject relation to the review Seller’s Premises and approval the Subsidiaries’ Premises. The Seller’s Premises and the Subsidiaries’ Premises are not situated in areas of Tenant past or present mining activities, or in areas which approval shall not be withheld so long as are particularly susceptible to flooding.
(o) There exist all rights necessary for the new Title Matter does not materially continued possession, enjoyment and adversely impair the use or occupancy by Tenant of the Seller’s Premises and the Subsidiaries’ Premises for its intended purpose. Tenant shall deliver written notice present purpose without restriction as to Landlord hours or otherwise and for the repair and maintenance of its approval any building or disapproval erection thereon and where such rights are not public rights they are enjoyed by virtue 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 legal easements expressly granted and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days reserved free of the delivery right of any other person to cancel or curtail them or charge for their use.
(p) The Seller has paid the rent and all other sums payable under the lease on the due dates for payment and the last demand for rent was unqualified and the Seller observed and performed the covenants on the part of the written reminder noticetenant and the conditions contained in any leases (which expressions includes underleases) under which the Seller’s Premises and the Subsidiaries’ Premises are held and all such leases are valid and in full force.
(q) No notices have been served by the landlord in respect of any lease.
(r) There are no rent reviews under the leases of the Seller’s Premises and the Subsidiaries’ Premises currently in progress.
(s) There is not outstanding and unobserved or unperformed any obligation necessary to comply with any notice or other requirement given by the landlord under any leases of the Seller’s Premises and the Subsidiaries’ Premises.
(t) So far as the Seller is aware, there are no circumstances which would entitle any landlord to exercise any powers of entry or to take possession, whether by way of forceable re-entry or proceedings, or which would otherwise restrict the new Title Matter shall be deemed approvedcontinued possession and enjoyment of the Seller’s Premises and the Subsidiaries’ Premises.
Appears in 1 contract
Premises. Landlord, for The real property and in consideration of the rents, covenants and agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to described on SCHEDULE 3.11 represent all the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in real property owned (the County of Riverside, and State of 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 "B" ("Work LetterCNS OWNED PREMISES") to be constructed by Landlord, including an approximately three hundred thirty thousand or leased or subleased (330,000) square foot building (the "BuildingCNS LEASED PREMISES") and all other improvementsthe real property leases and subleases (the "CNS LEASES") entered into or assumed by CNS or any CNS Subsidiary, machineryand, equipmentwith respect to the Leased Properties, fixtures SCHEDULE 3.11 sets forth the date of the lease and each amendment thereto and the aggregate annual rental payments and other property (fees payable under such lease. Each of the CNS Leases is in full force and effect, and there is not under any of the CNS Leases any existing default or event of default or event which with notice or lapse of time or both would constitute such a default or event of default, except Tenant's trade fixtures), for any such defaults or notices that singly or in the aggregate could not reasonably be expected to result in a CNS Material Adverse Change. CNS and each CNS Subsidiary has good and marketable title to each of the CNS Owned Premises and each CNS Lease conveys good and marketable leasehold title to the CNS Leased Premises purported to be installed conveyed thereunder, is enforceable by CNS or located thereon any CNS Subsidiary which is the lessee thereunder, provides exclusive possession of the CNS Leased Premises leased thereunder, and following the Transactions will continue to be enforceable in accordance with its terms. CNS or any CNS Subsidiary which is the lessee of each respective CNS Leased Premises has the right to use its respective CNS Leased Premises in accordance with the terms of each respective CNS Lease free and clear of all additionsClaims. Each of the CNS Leased Premises is adequately maintained, alterations fully equipped with all necessary utilities and replacements thereof (collectively "Improvements")is in reasonably satisfactory condition and repair, consistent with the uses to which it is presently being put or intended to be put. Herein To the Land and the Improvements are referred to collectively as the "Premises". Tenant acknowledges that this Lease Knowledge of CNS, there is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance no violation of any governmental entity applicable material covenant, restriction or other agreement or understanding, oral or written, affecting or relating to title or use of any CNS Leased Premises. Neither CNS nor any CNS Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the CNS Leased Premises, nor to the Premises Knowledge of CNS is any such condemnation or the use or occupancy thereofassessment contemplated by any Governmental Authority. CNS has delivered to ICSL and CSL true and correct copies of all CNS Leases, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject as amended 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 new Title Matter shall be deemed approveddate.
Appears in 1 contract
Sources: Merger Agreement (Innovative Clinical Solutions LTD)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Section 2.1. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, upon and subject to the termsterms and provisions of this lease, covenants the portion of the building (which portion is sometimes hereinafter referred to as the “demised premises”) shown on Exhibit “A” hereto annexed and conditions hereinafter set forth, all that certain parcel made a part hereof as Vitamin World containing approximately 1,500 square feet of land situated floor area. Excepting and reserving to the Landlord the roof and exterior walls of the building or buildings of which the demised premises are a part; and further reserving to the Landlord the right to place in the County demised premises (in such manner as to reduce to a minimum the interference with the Tenant’s use of Riversidethe demised premises) utility lines, pipes, and State of California delineated on Exhibit "A" attached hereto the like, to serve premises other than the demised premises, and incorporated herein ("Land")to replace and maintain and repair such utility lines, together with those certain Landlord's Improvements pipes and the like in, over and upon the demised premises as defined may have been installed in the Work Letter attached hereto building.
Section 2.2. The term “Shopping Center” wherever used in this lease is hereby defined to mean only the “Developer’s Tract” portion of the Warwick Mall development (located in Warwick, RI, and comprised of three (3) tracts; namely, the Developer’s Tract, the Macy’s Tract and the Filene’s Tract) as indicated on said Exhibit "B" “A”, including any and all structures, parking facilities, roadways, common facilities and the like built ("Work Letter") or to be constructed by Landlordbuilt) thereon, 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 same may from time to time be reduced by eminent domain takings, dedications to public authorities, or exclusions by the Landlord (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 the Tenant) of portions thereof, or increased by the addition of other lands together with structures and the like thereon which may from time to time be designated by the Landlord, by written notice to the Tenant, as constituting a part of the Shopping Center. Anything in this lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Shopping Center as common areas shall not restrict the Landlord’s use, as it determines for its approval or disapproval exclusive benefit, of such Title Matters within ten (10) days after delivery by areas for buildings or structures and/or for retail or such other purposes as the 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 shall determine, including, without limitation, the expansion or remodeling of the delivery Shopping Center to include one or more converted or new department stores, other Major Stores and small stores (on the present and/or additional levels), the Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (permanently and/or temporarily) any buildings, structures and roadways anywhere upon, and make use of areas within, the Shopping Center, including but without limitation, the right to erect and maintain any number of so-called “kiosks”, etc., anywhere within the enclosed malls or other common areas of the written reminder noticeShopping Center, the new Title Matter for retail or such other purposes as Landlord shall be deemed approveddetermine.
Appears in 1 contract
Sources: Lease Agreement (Nbty Inc)
Premises. LandlordThe Premises as described in ¶1 and Exhibit A, for are a portion of a building, herein sometimes referred to as the “Building” identified in ¶1. The Premises, the Building, the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to as the “Business Park” as described in consideration of the rents, covenants ¶1 and agreements hereinafter set forth, Exhibit B. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the Term (as defined below), at the rental, and upon and all of the conditions set forth herein, the real property referred to in the Basic Lease Terms, ¶1, as the “Premises”, including rights to the Common Areas as hereinafter specified. Subject to any additional work Landlord has agreed herein to do, 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 terms, covenants and conditions hereinafter set forth, all that certain parcel use of land situated in the County of RiversidePremises, and State accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Notwithstanding the foregoing, Landlord warrants that (i) to Landlord’s knowledge (without any duty of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"investigation or inquiry), together the Premises, the Building and the Business Park comply with those certain Landlord's Improvements all applicable laws, rules, regulations, codes, ordinances, underwriters’ requirements, covenants, conditions and restrictions (“Laws”) as defined of the Commencement Date, (ii) the Premises will be in good and clean operating condition and repair as of the Work Letter attached hereto Commencement Date, (iii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and the Building will be in good operating condition and repair as Exhibit "B" of the Commencement Date, and ("Work Letter"iv) the roof of the Building will be in good condition and water tight as of the Commencement Date. Said warranty does not apply to the use to which Tenant will put the Premises, modifications which may be required by the ADA or similar laws as a result of Tenant’s use, or to any Alterations made or to be constructed made by Tenant. Landlord shall, promptly after receipt of notice from Tenant, remedy any non-compliance with such warranty at Landlord’s sole cost and expense; provided, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") however, if Tenant does not give Landlord written notice of a non-compliance with said warranty within 180 days after the Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost 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"expense. Tenant acknowledges that agrees with the square footage specified for the Premises in ¶1 and will not hereafter challenge such determination and agreement. The rental payable by Tenant pursuant to this Lease is subordinate and not subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting revision in the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance event of any governmental entity applicable to discrepancy in the Premises or rentable square footage for the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedPremises.
Appears in 1 contract
Sources: Standard NNN Lease (3PAR Inc.)
Premises. LandlordLessor, for and in consideration of the rents, covenants covenants, and agreements hereinafter set forthherein contained on the part of Lessee to be paid, kept, and performed, does hereby leases to Tenant lease, rent, let, and Tenant demise unto Lessee, and Lessee does hereby leases take, accept, hire, and lease from LandlordLessor, upon and subject to the terms, covenants and conditions hereinafter set forthexpressed, all that certain parcel the Premises (as further described in Exhibit A, as such Exhibit A may be amended in accordance with the provisions of land situated in this Lease) for the County sole and exclusive purpose of Riversideconducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and State expanding the Permitted Improvements. Appurtenant to ▇▇▇▇▇▇’s rights to the Premises is the non-exclusive right, subject to the terms set forth herein, to use of California delineated the Access Easement on Exhibit "A" attached hereto and incorporated herein ("Land")D for its respective specified purpose. The Premises, together with those certain Landlord's Improvements as defined in which shall include the Work Letter attached hereto as Lessee’s appurtenant rights to the Access Easement, shown on Exhibit "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvementsrespectively, 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 demised subject to the following:
(a) all liensany encumbrances shown on the survey of the Premises, encumbrancesprovided by ▇▇▇▇▇▇, deeds upon ▇▇▇▇▇▇’s written request and sole expense, Lessor shall furnish a current title abstract to Lessee. Lessee shall have the right to obtain a title opinion for a leasehold title policy from a title company of trustits choice. If, reservationsin the reasonable opinion of Lessee, covenantssuch title opinion shows any defects of title or any liens or encumbrances which materially and adversely affect Lessee’s use of the Premises, conditionsLessee shall have the right, restrictions and other matters affecting the Premises ("Title Matters") in Lessee’s sole discretion, to (i) request that Lessor use commercially reasonable efforts to cure such defect in effect on title within a reasonable period of time, provided, Lessor has the Effective Date of this Lease as specified right to decline to cure such defect in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") its sole discretion, or (ii) approved terminate this Lease upon thirty (30) days written notice to ▇▇▇▇▇▇. ▇▇▇▇▇▇ agrees to reasonably cooperate with ▇▇▇▇▇▇, at no cost to Lessor, to enable ▇▇▇▇▇▇ to obtain a title guarantee, certificate, or deemed approved pursuant to this Section 1.1, a standard policy of title insurance insuring the Lease granted hereunder ("Permitted Encumbrances") and including such endorsements as Lessee shall reasonably request);
(b) any lawcovenants, regulationrestrictions, ruleeasements, order or ordinance agreements, and reservations, as set forth in Exhibits A, B, and D, as such Exhibits A, B, and D may be amended in accordance with the provisions of this Lease;
(c) present and future zoning laws, ordinances, resolutions and regulations of the municipality in which the Premises lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any governmental entity applicable to municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit the use of the Premises for the Permitted Use, provided that Lessor shall not restrict or encumber Lessee’s use of the use or occupancy thereof, in effect on Premises for the execution of this Lease or thereafter promulgated. In the event that, Permitted Use after the Effective Date any new Title Matters appear of record, such matters shall be subject or otherwise mortgage ▇▇▇▇▇▇’s leasehold interests in the Property without first allowing ▇▇▇▇▇▇ at least fifteen (15) days prior to the review execution of such mortgage to obtain a subordination, nondisturbance and attornment agreement (“SNDA”) from Lessor’s lender in a form reasonably acceptable to Lessee; and
(d) the condition and state of repair of the Premises as the same may be on the Effective Date. Exhibit B, attached to this Lease, as of the Effective Date includes the Lessee’s initial approximation of the Permitted Improvements, and Exhibit B may be amended by Lessee from time to time, with prior written approval of Tenant by Lessor, which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use unreasonably withheld, conditioned, 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 new Title Matter shall be deemed approveddelayed.
Appears in 1 contract
Sources: Site Lease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby Landlord leases to Tenant and Tenant hereby leases from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land")Premises, together with those certain the right in common with others to use the Common Areas. 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. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. The parties acknowledge that the rentable square feet of the Premises include 4,382 rentable square feet attributable to the mezzanine space located therein and that, for purposes of calculating the Minimum Annual Rent and the Tenant's Share with respect to the Premises, such 4,382 rentable square feet of mezzanine space has been excluded. Except with respect to the foregoing, all of Tenant's obligations with respect to the Premises shall apply to such mezzanine space. Furthermore, to the extent that any utilities are not separately metered or submetered, for purposes of determining Tenant's share of such utilities, Landlord shall include the rentable square footage of such mezzanine space.
(a) Landlord shall construct, or cause to be constructed, at Landlord's sole cost and expense, in good and workmanlike manner using new first-quality materials, and in compliance with applicable Laws, the Tenant Improvements as defined in the Work Letter accordance with Exhibit "C". Landlord and Tenant have attached hereto as Exhibit "BC" the initial scope and plans ("Work LetterInitial Plans") to be constructed by for the Tenant Improvements. Landlord, including an approximately three hundred thirty thousand (330,000at its sole cost and expense, shall cause its design professional(s) square foot building to prepare construction and permit drawings for the Tenant Improvements ("BuildingConstruction Drawings") and all other improvementsthat conform to the Initial Plans. From time to time during the preparation of the Construction Drawings, machineryTenant shall provide such information as is necessary to complete the Construction Drawings within four (4) business days after Landlord's request therefor. Landlord reserves the right to make reasonable modifications to the Initial Plans as may be required to avoid or correct unforeseen site/building conditions, equipment, fixtures and other property (except subject to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 such modifications, which approval shall not be unreasonably withheld or conditioned. Tenant shall review and provide comment or approve such requests within four (4) business days after Landlord has made request therefor and if Tenant fails to review and provide comment or approve such requests within such four (4) business day period, the request shall be deemed approved.
(b) Upon completion of the Construction Drawings, Landlord shall submit them to Tenant for Tenant's review and approval. Tenant shall review and provide any requested changes thereto, or if acceptable, approve the same in writing to Landlord, within four (4) business days after delivery from Landlord. In all events, Tenant's requested changes to the Construction Drawings shall be limited to requesting changes that correct errors in the Construction Drawings from the requirements of the Initial Plans. Landlord agrees to make its architect available to Tenant, in a timely manner, in connection with such review, to respond to any questions which Tenant may have. In the event that Tenant fails to either provide requested changes or approve the Construction Drawings delivered by Landlord within such four (4)- business day period, the Construction Drawings shall be deemed approved by Tenant. In the event that Landlord provides from time to time revised Construction Drawings to Tenant for Tenant's review and approval, Tenant shall review and approve or disapprove such drawings in writing to Landlord within four (4) business days after receipt thereof from Landlord and if Tenant fails to review and approve or disapprove the revised Construction Drawings within such four (4)-business day period, the revised Construction Drawings shall be deemed approved by Tenant. Following the completion of the Construction Drawings and no later than five (5) business days after request therefor, Tenant shall provide to Landlord Tenant's finish selections with respect to paint and carpet color(s) (such selections being consistent with the Initial Plans and Construction Drawings). In any event, if Tenant fails to timely provide any information, consent or approval required of Tenant pursuant to this Section 2, such shall be considered Tenant Delay.
(c) If (i) during the course of the preparation of the Construction Drawings, Tenant requests changes to the draft Construction Drawings which do not conform to the Initial Plans, or (ii) following the completion of the Construction Drawings, Tenant requests changes to the Construction Drawings, then the same (in the case of both (i) and (ii) above) shall constitute a change order requested by Tenant (a "Tenant Change Order"). Tenant Change Orders shall not be permitted without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord so long as the new Title Matter Tenant Change Order does not materially delay the Tenant Improvements being Substantially Completed. If Landlord approves any Tenant Change Order and adversely impair completes the use or occupancy work associated with such Tenant Change Order, then any increase in the cost of the Tenant Improvements resulting from such Tenant Change Order shall be paid by Tenant within thirty (30) days of receipt of an invoice thereof from Landlord. In the alternative, as a condition to Landlord's approval of such Tenant Change Order, Landlord may require that, prior to Landlord's commencement of any work related to such Tenant Change Order, Tenant shall pay to Landlord fifty percent (50%) 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 amount estimated by Landlord to become due to Landlord from Tenant with respect to such Tenant Change Order, with the balance to be paid within thirty (30) days of receipt of invoice therefor from Landlord following completion of such new Title Matterwork. If Any delay in the Tenant fails Improvements being Substantially Completed by reason of any Tenant Change Order shall constitute a Tenant Delay hereunder.
(d) In constructing the Tenant Improvements, Landlord reserves the right to respond within make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available; provided, however, that such ten right of substitution shall not apply to any paint or carpet selections or any other finish materials, without Tenant's consent, not to be unreasonably withheld or conditioned. During Landlord's construction of the Tenant Improvements, Landlord shall coordinate (10and cause its contractors to coordinate) day period with Tenant in connection with Tenant's installation of its telecommunication wiring, data wiring, and air compressors and related plumbing in the Premises, provided that Tenant strictly adheres to Landlord's construction schedule; and further provided that, during such early access in the Premises, all provisions of this Lease shall apply (with the exception of Tenant's obligation to pay Rent), specifically including but not limited to, under Sections 8 and 10 hereof; and Tenant's entry in the Premises shall not interfere with Landlord's construction of the Tenant Improvements. Landlord delivers acknowledges that Tenant's accessing the Premises pursuant to the instructions and schedule of Landlord, shall not, unto itself, be deemed to be a written reminder notice to Tenant Delay.
(e) Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant fails to respond or its agents shall inspect the Premises with Landlord within five (5) business days of the delivery receipt of such notice from Landlord. Within five (5) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the written reminder noticeTenant 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 defects in materials or workmanship that can be detected by Tenant's inspection, excluding all repairs which are required in connection with routine maintenance. Furthermore, on that date which is one (1) year following the Commencement Date, it shall be presumed that all of the Tenant Improvements shall be free from latent defects in materials or workmanship unless Tenant notifies Landlord of any such additional defects prior to such date, excluding all repairs which are required in connection with routine maintenance. Landlord shall cause all warranties issued in connection with the construction of the Tenant Improvements to be issued jointly in Tenant's and Landlord's name, to the extent permissible, or if not permissible, Landlord shall make claim under such warranties on behalf of Tenant, to the extent necessary. (f) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed by the Estimated Commencement Date due, in whole or in part, to Tenant Delay, then Tenant's obligation to pay Rent hereunder shall not be affected or deferred on account of such delay and, therefore, the new Title Matter Commencement Date shall be deemed approvedto be the date the Tenant Improvements would have been Substantially Completed but for Tenant Delay.
Appears in 1 contract
Sources: Lease Agreement (Intest Corp)
Premises. Landlord, for (a) Tenant has requested and in consideration Landlord has agreed to an expansion of the rentsPremises (collectively, covenants 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 agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated (ii) approximately 2,863 rentable square feet known as Suite 30 in the County building known as the Receiving Room. A floor plan of Riverside, and State of California delineated on Exhibit "A" the Expansion Space is attached hereto and incorporated herein made a part hereof as Exhibit A.
(b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the "LandExpansion Commencement Date"), together with those certain Landlord's Improvements as defined in and shall terminate on the Work Letter attached hereto as Exhibit revised Termination Date. On the Expansion Commencement Date, the term "BPremises" ("Work Letter") to be constructed by Landlordunder the Lease shall include the Expansion Premises, including an approximately three hundred thirty thousand (330,000) square foot building (and the term "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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedto include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Expansion Space (the "Early Portion") may be occupied by Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined herein) and for such occupancy, Tenant shall pay an equitable portion of the Base Rent based upon the then current rate for the Premises, and any other charges for the Early Portion (including increased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant negotiating reasonably and in good faith to determine such charges based on the square footage of the Early Portion and the number of days Tenant occupies the Early Portion for the conduct of its business prior to the actual Expansion Commencement Date at which time, Tenant shall pay the Base Rent set forth in the Landlord's Notice (as defined herein).
(c) Effective upon the Expansion Commencement Date, Tenant's Proportionate Share of the ▇▇▇▇▇▇▇ A Warehouse Building shall be 32.32431 percent, Tenant’s Proportionate Share of the Receiving Room / Prizery Building shall be 8.41119 percent, and Tenant’s Proportionate Share of the Project shall be 22.82741 percent.
Appears in 1 contract
Premises. Landlord, for and in consideration (a) Effective as of the rentsExpansion Date (defined below), covenants and agreements hereinafter set forth, hereby leases Landlord shall lease the Expansion Space to Tenant and Tenant hereby leases shall lease the Expansion Space from Landlord, upon and subject to the terms“Premises”, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Lease and used hereinafter, shall mean, collectively, the Current Premises and the Expansion Space, for a total area of approximately 10,148 square feet of space. Accordingly, effective as of the Expansion Date, the “Rentable Square Footage of the Premises”, as defined in the Lease, shall be amended to mean 10,148 square feet. The Expansion Space shall be subject to all the terms and conditions of 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 Exhibit "B" Schedule 3, and ("Work Letter"ii) the date Tenant begins conducting business from any portion of the Expansion Space. Subject to be constructed Paragraph 2(d) below, Force Majeure and Delays (as defined in Schedule 3) incurred by Landlord, including an 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 three hundred thirty thousand two (330,0002) square foot building ("Building") and all other improvementsweeks prior to the Expansion Date for the purpose of installing furniture, machineryfixtures, equipment, fixtures and other personal property (except Tenant's trade fixtures), to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements")of Tenant in the Expansion Space. 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters Such possession shall be subject to all of the review terms and approval conditions of the Lease, as amended hereby, except that Tenant which approval shall not be withheld so long as required to pay Base Rent or the new Title Matter does not materially OE Payment for the Expansion Space during the period of time prior to the Expansion Date. Tenant shall, however, be liable for the cost of any above Building 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 adversely impair the use or occupancy by Tenant that, in connection with this Amendment, Landlord is negotiating a termination of such third party tenant’s lease of the Premises Expansion Space. If 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 its intended purpose. 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 current tenant occupying the Expansion Space has not vacated the Expansion Space by January 1, 2017, then Tenant shall have the right to nullify 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, 2017, in which event, this Amendment shall be null and void and of its approval no force 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 effect, and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond within five (5) days the Term of the delivery of the written reminder noticeLease shall expire on December 31, the new Title Matter shall be deemed approved2017.
Appears in 1 contract
Premises. Landlord, for and in consideration Option to Purchase The parties are signing this Lease as of the rentsEffective Date. By: By: Exhibit B Option to Purchase This Option to Purchase is attached to and made a part of that certain Lease (the “Lease”) dated , covenants 20 by and agreements hereinafter between , a (the “Landlord”), and , a (the “Tenant”). Capitalized terms used in this Option to Purchase and not defined herein will have the meaning ascribed to such term as set forthforth in the Lease. The Landlord hereby grants to the Tenant the right and option to purchase (the “Option to Purchase”) the Landlord’s interest in and to the Premises. The Tenant’s Option to Purchase shall grant the Tenant the right to acquire the entire Premises. The Option to Purchase shall be exercised by the Tenant giving written notice to the Landlord of such exercise no later than “Closing Date”), hereby leases but which Closing Date shall not be later than the later of: (1) 180 days following the exercise of the Tenant’s Option to Purchase or (2) 60 days after the date on which the Landlord has delivered to the Tenant all of the following: (A) title policy insuring the Landlord’s ownership interest, (B) all title exception documents and the vesting deed(s); (C) all environmental reports and environmental permits prepared for the Landlord or in the ▇▇▇▇▇▇▇▇’s possession and control; (D) any code violation and condemnation notices; (E) evidence of entity authorization to enter into and perform this Option to Purchase; (F) tax bills, special assessments, and owner’s association assessments (from the past two years); (G) maintenance and service contract records (from the past two years); and (H) a letter from the Landlord certifying that it has delivered full and complete copies of the foregoing (collectively, “Landlord’s Diligence Deliverables”), unless the parties agree otherwise in writing. If the Option to Purchase is exercised by the Tenant as aforesaid, then the purchase price to be paid by the Tenant to the Landlord on the Closing Date shall equal the sum of $ (the “Purchase Price”), as adjusted at Closing (as defined below) by prorations made in accordance with this Lease and further reduced by a credit of 10% for the amount of all Rent paid to the Landlord up to and including the Closing Date. The Landlord will be solely responsible for payment of any prepayment penalty, fee, or cost due to the Landlord’s lender or financial institution resulting from the Tenant’s exercise of the Option to Purchase and the mandatory payoff of the Landlord’s lender, if any. The Purchase Price shall be paid by wire transfer of good funds delivered first to the title company, in escrow, and then by the title company to the Landlord. The Tenant shall pay Rent to the Landlord up to and including the Closing Date, which Rent shall be pro-rated as appropriate. The items listed herein shall be adjusted between the Landlord and Tenant hereby leases as of the Closing Date, shall be added to or subtracted from Landlord, upon the Purchase Price and subject to shall be reflected on a closing statement (the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter"“Closing Statement”) to be constructed prepared by Landlordthe title company based upon the information provided to it by the Landlord and the Tenant at Closing, which information the parties agree to provide. The Tenant shall pay the following costs of Closing the purchase of the Premises: (1) the cost of any title endorsements the Tenant desires to purchase and any lender’s policy; (2) 50% of the cost of any surveys or environmental reports; (3) all of the cost of any other due diligence the Tenant desires to perform (other than survey or environmental reports) including an approximately three hundred thirty thousand any physical condition assessment; (330,0004) square foot building the costs of the Tenant’s attorneys and third party consultants; and ("Building"5) 50% of the charges of the title insurance company serving as the Closing agent for the Closing of the purchase and all sale. The Tenant will have, in addition to its other improvementsrights and remedies set forth herein, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), the right to deduct from the Purchase Price to be installed paid at Closing an amount sufficient to pay the cost of placing the Premises in the condition as required by the Lease, net of any insurance proceeds assigned or located thereon and all additions, alterations and replacements thereof otherwise available to the Tenant. The Landlord shall pay the following costs of Closing the sale of the Premises: (collectively "Improvements"). Herein 1) the Land and cost of the Improvements are referred to collectively as Tenant’s title insurance premium; (2) the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all cost of releasing any liens, encumbrances, deeds or other title which are not exceptions and which can be removed with the payment of trustmoney unless and to the extent that such liens, reservationsencumbrances or title exceptions are caused by the Tenant or have been consented to by the Tenant in writing (“Permitted Exceptions”); (3) any and all transfer taxes, covenantsdeed stamps, conditionsor other taxes due in connection with the sale or conveyance of the Premises; (4) 50% of the cost of any surveys or environmental reports; (5) the costs of the Landlord’s attorneys and third party consultants; and (6) 50% of the charges of the title insurance company serving as the Closing agent for the Closing of the purchase and sale. The Landlord agrees to indemnify, restrictions defend, and other matters affecting hold harmless the Tenant from and against any and all liability and expense arising from all claims for commission arising out of the execution and delivery of this Option to Purchase or Closing on the transaction contemplated hereby, if the person claiming the commission claims to have been hired by the Landlord. The Tenant’s obligation to purchase the Premises ("Title Matters") (i) after exercising its Option to Purchase will be contingent on its due diligence review of the Premises and all things and matters related thereto, including without limitation, performing environmental studies, surveys and assessments, as the Tenant deems appropriate. The Landlord shall cooperate with the Tenant in effect the collection of any diligence information. On the Closing Date, the Landlord shall tender fee simple ownership of the Premises to the Tenant with all plumbing systems, electrical systems, heating, ventilating, and air conditioning systems and equipment in the same condition as required under the Lease. The closing on the Effective Date purchase and sale of the Premises as contemplated herein (the “Closing”) will occur in at the offices of a reputable title company selected by the Tenant. A party to this Lease will not be required to be present in person at such Closing if such party has delivered all of the items it is required to deliver at the Closing to the title company on or before the Closing; provided however, that if such items have been delivered to the title company with escrow instructions, such instructions shall not be inconsistent with the provisions of this Lease. If any such instructions conflict with the provisions of this Lease, the provisions of this Lease as specified will govern. The Closing must be conducted in Exhibit "C" attached hereto and incorporated herein accordance with the standard closing practices of such title company ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to taking into account the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 respective obligations of the Premises for its intended purposeparties under this Lease). Tenant On the Closing Date, the Landlord shall execute and 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 noticeor its designee), the new Title Matter shall be deemed approved.following:
Appears in 1 contract
Sources: Commercial Lease Agreement
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants terms and conditions hereinafter herein set forth, all that certain parcel of land situated building (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on the County of Riverside, and State of California delineated on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter site plan attached hereto as Exhibit "“A”. In addition, Tenant shall have the following rights with respect to the real property (excluding buildings located thereon) more particularly described in the legal description attached as Exhibit “B" ” hereto ("Work Letter"if applicable) and outlined in red on Exhibit “A” (“Common Area”): (i) the non-exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, within the Common Area (and not allocated for the exclusive use of another tenant of Landlord); and (ii) such other rights as are necessary and convenient to Tenant’s possession of the Premises or performance of Tenant’s obligations under this Lease. Notwithstanding the number of parking spaces designated for Tenant’s non-exclusive use, in the event by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, “Laws”) relating to or affecting parking on the Common Area, or any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the number of parking spaces on the Common Area, Landlord shall have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s non-exclusive use, but not below 75% of such number of parking spaces referred to in Paragraph 1.12. In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other user authorized by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") the non-exclusive right to use the Common Area for pedestrian and all vehicular ingress and egress and vehicular parking unless the grant of such rights to tenants of such other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixtures), to be installed buildings 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable improvements would adversely affect access to the Premises or to the use parking areas, or occupancy thereofwould reduce the number of parking spaces available to Tenant, in effect on the execution of or would add or increase any costs or expenses charged to Tenant by Landlord under this Lease or thereafter promulgated. In the event that(including, after the Effective Date any new Title Matters appear of recordbut not limited to, such matters shall Common Area Operating Expenses) beyond those costs reasonably anticipated to be subject to the review and approval of Tenant which approval shall not be withheld so long incurred as the new Title Matter does not materially and adversely impair the use or occupancy by Tenant a result 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 customary use of the delivery of the written reminder noticeparking areas by such other tenants and their respective agents, the new Title Matter shall be deemed approvedemployees, servants, invitees, contractors, guests, customers and representatives.
Appears in 1 contract
Premises. Landlord, for Subject to and in consideration of accordance with the rents, covenants and agreements hereinafter set forth, hereby provisions hereof. Landlord leases to Tenant and Tenant hereby leases from 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, upon 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 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, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of 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 "B" ("Work Letter") to 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)terms hereof, to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein use the Land and Common Areas of the Improvements are referred to collectively as the "Premises"Project. Tenant acknowledges that this Lease the Project is subordinate and subject to (a) all liensor may become an integrated commercial real estate project including the Building, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions the Land and other matters affecting buildings. Common Areas and land. Landlord reserves the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereofright, in effect on its sole discretion, at any time and from time to time, to include the execution Building within a project and/or to expand and/or reduce the amount of this Lease Land and/or improvements of which the Building, the Common Areas, or thereafter promulgated. In Project consists; to alter, relocate, reconfigure and/or reduce the event thatCommon Areas, 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 as long as the new Title Matter does not materially Premises remain reasonably accessible; and adversely impair the use or occupancy by Tenant 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 other agreement or to comply with any applicable Laws, as long as 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 new Title Matter shall be deemed approvedremain reasonably accessible.
Appears in 1 contract
Sources: Lease Agreement (ADS Tactical, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases rents from Landlord those certain Premises located at 1641 Rt 3 North, situated in the City of Crofton, County of ▇▇▇▇ Arundel, State of Maryland as shown on Exhibit A hereto. The Premises are approximately 37.5 feet in frontage by 68 feet in depth, containing approximately 2420 square feet of floor area. Landlord hereby lets and demises unto Tenant, and Tenant hereby rents, hires and takes of and from Landlord, for the term, upon and subject to the termsprovisions, covenants and conditions hereinafter herein set forth, all that certain parcel building or portion of land a building (herein referred to as the "Premises"), located within the area delineated in red on Exhibit "A" hereof, entitled "Description of Premises". The Premises are situated on a portion of that certain real property (herein referred to as the "Office and Retail Center") situated in the County of Riverside▇▇▇▇ Arundel, State of Maryland, and State are located within the Office and Retail Center as depicted on Exhibit "C" hereof, entitled "Plot Plan". Copies of California delineated 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 right at any time and from time to time to make alterations or additions to the Premises, to build additional stories on the building in which the Premises are contained, and to build adjoining the same, and to install, maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through, under or over the premises, in locations serving other parts of the Office and Retail Center, which will not commercially interfere with Tenant's use of the Premises. Landlord also reserves the right to enlarge the area of the Office and Retail Center by acquisition or leasehold, to construct other buildings or improvements in the Office and Retail Center, from time to time, to 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" attached hereto and incorporated herein ("Land")hereof, together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters shall be subject to such changes as may be certified by Landlord's architect as necessary for engineering or architectural purposes for the review and approval construction of Tenant which approval other improvements to be constructed hereon. Any such changes so certified shall not be withheld so long as invalidate this Lease, and the new Title Matter does not materially description and adversely impair the use or occupancy by Tenant location 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 as set forth in Exhibits "C" 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"A" hereof, the new Title Matter respectively, shall be deemed approvedto have been expressly modified and amended herein in accordance with such changes.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, (a) Landlord hereby leases to Tenant and Tenant hereby leases hires and takes from Landlord, upon and subject to Landlord the terms, covenants and conditions hereinafter set forth, all that certain parcel following: a building consisting of land situated in approximately 107,654 square feet of rentable area (the County of Riverside, and State of California delineated "Building") shown on Exhibit "A" attached hereto and incorporated herein , located on real property known as ▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, as more particularly described in Exhibit B (the "Land"), together with those certain Landlord's Improvements as defined in all hallways, corridors, lobbies, lavatories, elevators, stairways, entrances, exits, sidewalks, driveways and the Work Letter attached hereto as Exhibit parking areas and all other areas and facilities of the Building and Land appurtenant thereto (the "B" ("Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("BuildingAppurtenances") and all other improvementsimprovements located thereon. The Building, 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 Appurtenances are hereinafter collectively referred to collectively as the "Premises". This Lease confers no right or obligation (except as otherwise may be expressly set forth in this Lease) either with respect to subsurface of the Land beneath the Building or the air space above the Building, except that Tenant shall have a license to access the subsurface areas to repair utility lines and for other matters incidental to Tenant's rights and obligations under this Lease.
(b) Subject to the rights of Nationwide Mutual Insurance Company, referenced below, Landlord warrants that it and no other person or entity has the right to lease the Premises to Tenant. Except for any express representations of Landlord contained herein and those matters which Landlord has expressly retained liability for under the terms of this Lease, Tenant acknowledges and agrees that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting it has accepted the Premises (in its "Title Matters") As Is, Where Is and with All Defects" condition. Tenant represents that it has not relied upon any representations and warranties of Landlord or its agents except for those representations expressly set forth in this Lease.
(i) Landlord has executed a lease dated August 27, 1996, with Nationwide Mutual Insurance Company (Nationwide), as tenant, for approximately 8,625 square feet of rentable area in effect on the Effective Date 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 specified Exhibit G. Landlord shall pay all brokerage commissions or fees arising from the execution of the Nationwide Lease, if any. Tenant will, at its expense, complete the improvements of Nationwide's premises in the Building as required under the Nationwide Lease (Nationwide work). Effective as of the execution date of this Lease, Landlord shall be deemed to have assigned to Tenant all of Landlord's right, title and interest in and to the Nationwide Lease (except to cure any default of Landlord under the Nationwide Lease preceding the assumption of the Nationwide Lease by Tenant) and except for the item listed in the preceding parenthesis, Tenant shall, effective as of the execution date of this Lease, be deemed to have assumed all of Landlord's rights and obligations under the Nationwide, and Tenant will perform and observe all the covenants and conditions therein contained on Landlord's part to be performed and observed, which shall accrue from and after the date of such assumption. without limitation to Tenant's other rights as landlord under the Nationwide Lease, Tenant shall be entitled to collect the rent (fixed minimum rent and additional rent) from Nationwide. Landlord and Tenant shall execute an instrument confirming such assignment and assumption in the form of Exhibit "C" attached hereto 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 incorporated herein ("Preliminary Report") or (ii) approved or assumption of the Nationwide Lease as the assignment and assumption provisions hereof shall be deemed approved self-operative. Such instrument of assignment and assumption of the Nationwide Lease shall promptly be recorded of record and if this Lease shall terminate prior to the termination of the Nationwide Lease, then the Nationwide Lease shall automatically be deemed re-assigned to Landlord without the formality of a signed writing of assignment. Tenant agrees, however, that in such event it shall execute a reasonable instrument in recordable form reassigning the Nationwide Lease to Landlord in confirmation of such assignment. Tenant shall indemnify and hold Landlord harmless from and against any breach by Tenant of its obligations as landlord under the Nationwide Lease, which indemnity shall survive the termination of this Lease. Tenant further agrees to exercise its rights as landlord thereunder to require Nationwide to comply with Nationwide's obligations thereunder to provide subordination agreements. estoppel certificates, notice and opportunity to cure to Landlord and its lenders and any other matters that may expose Landlord to liability. Landlord shall have, and hereby reserves, the right to cure defaults of Landlord under the Nationwide Lease occurring prior to the date that the Nationwide Lease is assumed by Tenant and those obligations of Landlord which are not being assigned to Tenant and Landlord also reserves the right, 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 Section 1.1Lease, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 enforce the Nationwide Lease in the manner necessary for 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 new Title Matter shall be deemed approvedcomply with this Lease.
Appears in 1 contract
Sources: Lease Agreement (GTJ REIT, Inc.)
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, hereby 2.1 Landlord leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon the Premises described in Section 1.6, which will consists of a Building described in Section 1.5 and subject to other improvements on the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in (the County of Riverside, and State of California delineated “Land”) shown on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter Site Plan attached hereto as Exhibit "B" A ("Work Letter") to be constructed by Landlordthe Land, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures Building and other property (except Tenant's trade fixtures), improvements are collectively referred to be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"as the “Premises”). Herein Tenant agrees that the Land Premises shall be deemed to include the number of rentable square feet set forth in Section 1.7 and in no event shall Tenant have the right to challenge, demand, request or receive any change as a result of any claimed or actual error or omission in the square footage of the Premises. Landlord reserves the right at any time and from time to time to make alterations or additions to the Building or the Premises, and to demolish improvements on and to build additional improvements on the land surrounding the Building, in its sole discretion without the consent of Tenant and the Improvements are referred to collectively same shall not be construed as the "Premises". Tenant acknowledges that a breach of this Lease is subordinate provided the same does not have a material adverse effect on Tenant’s use of the Premises including but not limited to, any material blocking of the view of the Premises from adjacent streets and subject from the parking lot.
2.2 Landlord shall undertake certain renovations to (a) all liens, encumbrances, deeds the Building for the Tenant’s occupancy of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters"the “Tenant Improvements”) (i) in effect on consistent with the Effective Date of this Lease as specified in Exhibit "C" approved plans and specifications for the Tenant Improvements attached hereto as Exhibit B and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgatedmade a part hereof. In the event that, after the Effective Date any new Title Matters appear of record, such matters Landlord 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 provide an allowance for a portion of the Premises for its intended purposeConstruction Costs of completion of the Tenant Improvements up to a maximum total charge of $63,030.00 (the “Tenant Improvement Allowance”). Tenant shall deliver written notice be responsible and shall pay to Landlord all Construction Costs of its approval or disapproval completion of such Title Matters the Tenant Improvements in excess of the Tenant Improvement Allowance within ten thirty (30) days of an invoice therefore from Landlord. “Construction Costs” shall mean all hard costs and soft costs of construction including all labor and materials, all engineering costs, the cost (including all governmental fees) of obtaining building permits and other permits and licenses, costs due to winter conditions, developer’s/general contractor’s fee (10% of total costs) and other costs paid or incurred by Landlord to permit and build the Tenant Improvements. If Landlord determines that the Tenant Improvements cannot be constructed in the ordinary course of business on or before the Scheduled Occupancy Date, then any resulting delay shall be considered a Tenant Delay. If Landlord fails to complete construction of the Tenant Improvements within sixty (60) days after the issuance of a building permit for the Tenant Improvements by the City of Novi because of a Landlord delay, then Tenant shall have the right to complete construction of the Tenant Improvements in accordance with the Tenant Improvement Plans and Specifications. In addition, if Landlord fails to complete all punch list items within thirty (30) days after Tenant’s timely delivery by of the punch list, then Tenant shall have the right to complete construction of the punch list items. All material changes from the Tenant Improvement Plans and Specifications which Landlord determines may be necessary during construction shall be submitted to Tenant of such new Title Matterfor Tenant’s approval or rejection. If Tenant fails to respond within notify Landlord of Tenant’s approval or rejection of such ten (10) day period and Landlord delivers a written reminder notice to Tenant and Tenant fails to respond changes within five (5) days of the delivery of the written reminder noticereceipt thereof, the new Title Matter Tenant shall be conclusively deemed approvedto have approved such changes. Landlord shall construct the Tenant Improvements in accordance with all applicable laws, rules or regulations of any governmental authority.
Appears in 1 contract
Premises. Landlord, for and in consideration of the rents, covenants and agreements hereinafter set forth, 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forthforth in this Lease, all that certain parcel the entirety of land situated in the County of Riverside, and State of California delineated Building (the “Premises”) as substantially shown outlined on Exhibit "A" attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter floor plan attached hereto as Exhibit "B" A and described in the Basic Lease Information. As used in this Lease, the term “Building” shall include the parcel or parcels of land on which the Building is located and all appurtenances thereto. During the Lease Term, as the sole tenant in the Building, Tenant shall have the exclusive right to use only for their intended purposes of lobbies, entrances, stairs, elevators and other public portions of the Building. Notwithstanding anything to the contrary herein, if in connection with the construction of the Tenant Improvements or any Alterations Tenant removes any equipment from the Premises that is located in the Premises as of the date of this Lease ("Work Letter") the “Existing Equipment”), any sale proceeds from the disposition of such Existing Equipment shall belong to Landlord and shall be immediately remitted to Landlord.
1.2 Tenant acknowledges that Tenant has inspected the Premises and the Building or has had the Premises and the Building inspected by professional consultants retained by ▇▇▇▇▇▇, Tenant is familiar with the condition of the Premises and the Building, the Premises and the Building are suitable for Tenant’s purposes, and, except for the improvements to be constructed or installed by Landlord, including an approximately three hundred thirty thousand Landlord pursuant to Exhibit B (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant's trade fixturesif any), the condition of the Premises and the Building is acceptable to Tenant. Except for the improvements to be constructed or 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 trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved by Landlord pursuant to this Section 1.1Exhibit B (if any), ("Permitted Encumbrances") and (b) Landlord shall have no obligation to construct or install any law, regulation, rule, order or ordinance of any governmental entity applicable to improvements in the Premises or the use Building or occupancy thereofto remodel, renovate, recondition, alter or improve the Premises or the Building in effect any manner, and Tenant shall accept the Premises “as is” on the execution Commencement Date. 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 or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, such matters and there are and shall be subject no warranties that extend beyond the warranties, if any, expressly set forth in this Lease.
1.3 No easement for light, air or view is included with or appurtenant to the review and approval Premises. Any diminution or shutting off of Tenant light, air or view by any structure which approval may hereafter be erected (whether or not constructed by Landlord) shall not be withheld so long as the new Title Matter does not materially and adversely impair the in no way affect this Lease or impose any liability on Landlord.
1.4 Notwithstanding section 1.1 of this Lease relating to use or occupancy by Tenant of the Premises land on which the Building is located for its intended purposeparking, Tenant shall have the right to use all parking spaces located at the Building at no additional cost or expense throughout the Lease Term. Tenant shall deliver written notice use such parking spaces solely for parking automobiles of Tenant’s officers, employees and invitees. 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 its approval 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 disapproval labor, fire, flood or other casualty, acts of such Title Matters God or any other cause beyond the control of Landlord.
1.5 As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord also states that: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and 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.” As permitted by the quoted language above, it is agreed that: (a) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after delivery the date on which this Lease has been executed by Landlord and Tenant, (b) the contract under which the inspection is to be performed shall not limit the CASp’s liability if the CASp fails to perform the inspection in accordance with the standard of care applicable to experts performing such inspections, Landlord shall be an intended third party beneficiary of such contract and the contract shall otherwise comply with the provisions of this Lease applicable to Tenant contracts for construction; (c) the CASp inspection shall be conducted (i) at Tenant’s sole cost and expense, (ii) by a CASp approved in advance by Landlord, (iii) after normal business hours, (iv) in a manner reasonably satisfactory to Landlord, and (v) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (d) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; and (e) to the extent that such CASp inspection identifies any necessary repairs to correct violations of construction-related accessibility standards within the Premises, the provisions of Article 14 below shall govern Tenant’s responsibility to make such repairs to the Premises. Landlord may elect to perform any portion of such new Title Matter. If work at Tenant’s expense, which expense shall be estimated by Landlord and prepaid by Tenant fails to respond within such ten (10) day period days after Landlord’s request. When the work is substantially completed, the estimated and Landlord delivers a written reminder notice to Tenant actual costs and charges for such work shall be compared and Tenant fails to respond shall receive a credit against future Rent for any overpayment; provided however, if no further Rent is due, Tenant shall receive a refund of any overpayment from Landlord within five thirty (530) days after the reconciliation of the delivery costs and charges for such work and shall pay any underpayment to Landlord with the next installment of Rent due hereunder. Tenant hereby waives any and all rights it otherwise might now or hereafter have under Section 1938 of the written reminder notice, the new Title Matter shall be deemed approvedCalifornia Civil Code.
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Premises. LandlordThe 5020 Premises and the 5070 Premises are collectively referred to herein as the “Premises”. The Premises, for the 5020 Building, the 5070 Building, the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to as the “Business Park” as described in consideration of the rents, covenants ¶1 and agreements hereinafter set forth, Exhibit A. Landlord hereby leases to Tenant and Tenant hereby leases from LandlordLandlord for the Term (as defined below), at the rental, and upon and all of the conditions set forth herein, the Premises, including rights to the Common Areas as hereinafter specified. Subject to any additional work Landlord has agreed therein to do, Tenant hereby accepts the 5020 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 terms, covenants and conditions hereinafter set forth, all that certain parcel use of land situated in the County of Riverside5020 Premises, and State of California delineated on Exhibit "A" accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto and incorporated herein ("Land"), together with those certain Landlord's Improvements as defined in the Work Letter attached hereto as Exhibit "B" ("Work Letter") to 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"hereto. Tenant acknowledges that Tenant accepted the 5070 Premises in the condition existing as of the date of the mutual execution of the Original Lease, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the 5070 Premises, and accepted the Original Lease subject thereto and to all matters disclosed thereby and by any exhibits attached thereto. Notwithstanding the foregoing, Landlord warrants that: (i) the 5070 Premises was in good and clean operating condition and repair as of the 5070 Commencement Date; (ii) the lights, doors, electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the 5070 Premises and the 5070 Building were in good operating condition and repair as of the 5070 Commencement Date; (iii) the roof of the 5070 Building was in good condition and water tight as of the 5070 Commencement Date; and (iv) to Landlord’s knowledge (without duty of investigation or inquiry), the 5070 Building complies with all applicable laws, rules, regulations, codes, ordinances, underwriter’s requirements, covenants, conditions and restrictions (collectively, “Laws”) as of the 5070 Commencement Date; provided, however, that Landlord make no representation or warranty herein regarding the condition of any of the foregoing as they may apply to the 5070 Premises for the period following the 5070 Commencement Date. Further notwithstanding the foregoing, Landlord warrants that (a) the 5020 Premises will be in good and clean operating condition and repair as of the 5020 Commencement Date; (b) the lights, the doors, electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the 5020 Premises and the 5020 Building will be in good operating condition and repair as of the 5020 Commencement Date; (c) the roof of the 5020 Building will be in good condition and water tight as of the 5020 Commencement Date; and (d) to Landlord’s knowledge (without duty of investigation or inquiry) the 5020 Premises and 5020 Building comply with all applicable Laws as of the 5020 Commencement Date. The foregoing warranties do not apply to the use to which Tenant has or will put the Premises, modifications which may be required by the ADA or similar laws as a result of Tenant’s use, or to any Alterations made or to be made by Tenant. Landlord shall, promptly after receipt of notice from Tenant, remedy any non-compliance with the foregoing warranty at Landlord’s sole cost and expense; provided, however, if Tenant does not give Landlord written notice of a non-compliance with said warranty within 180 days after the 5020 Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Tenant agrees with the square footage specified for the Premises in ¶1 and will not hereafter challenge such determination and agreement. The rental payable by Tenant pursuant to this Lease is subordinate and not subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting revision in the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance event of any governmental entity applicable to discrepancy in the Premises or rentable square footage for the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the 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 new Title Matter shall be deemed approvedPremises.
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Sources: Standard NNN Lease (3PAR Inc.)