Common use of Premises Clause in Contracts

Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 3 contracts

Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Premises. The Premises consists Pursuant to the Master Lease specified below, Manager shall provide GROUP with adequate administrative office space at the addresses described therein (the “Premises”) and Group shall retain all of its remaining facilities for the operation of the Building Practice with leasehold improvements, auxiliary services and utilities in order that GROUP may effectively perform its functions and duties. In consideration of the sums to be constructed paid to Manager under the terms of this Agreement, Manager hereby leases to GROUP during the term of this Agreement the furniture, fixtures and equipment (the “FF&E”) listed on Exhibit “B” attached hereto and incorporated herein by this reference, under the Sublessor following terms and conditions: 1.1. Manager is the lessee under certain leases for the Premises (hereinafter collectively referred to as the “Master Lease”) copies of which are attached hereto as Exhibit “A” and incorporated herein by this reference. GROUP hereby acknowledges that the Premises described in the Master Lease are suitable for the administrative office of the Practice. Based and contingent upon GROUP’s promise to timely pay all amounts due under this Agreement, Manager hereby agrees to sublease the leased Premises to GROUP upon the following terms and conditions: 1.1.1. This sublease between Manager and GROUP of the Premises shall be subject to all of the terms and conditions of the Master Lease. In the event of the termination of Manager’s interest as lessee under the Master Lease for any reason, then the sublease created hereby shall simultaneously terminate unless GROUP is willing to assume the obligations under the Master Lease and the Lessor consents thereto. 1.1.2. All of the terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of the sublease (with each reference therein to “Lessor” and “Lessee,” to be deemed to refer to Manager and GROUP, respectively) and, along with the provisions of this Section and Exhibit “A,” shall be the complete terms and conditions of the sublease created hereby. 1.1.3. Notwithstanding the foregoing, as between Manager and GROUP, Manager shall remain responsible for meeting the financial obligations of “Lessee” under the Master Lease, and GROUP shall have no monetary obligation in that regard. In addition, as between Manager and GROUP, Manager shall retain all rights to exercise any options to purchase the Premises, or other similar rights of ownership or possession, which may be granted under the Master Lease, and GROUP shall have no rights in that regard. 1.1.4. In the event this Agreement is terminated according to its terms, this sublease shall also terminate automatically. 1.1.5. If the Master Lease contains an option to renew the term thereof, Manager shall notify GROUP, at least thirty (30) days prior to the expiration of the time for exercising such option, of Manager’s intention to renew or not to renew such term. If Manager determines not to renew such term, Manager shall, at GROUP’s option and upon the consent of the Landlord in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities Master Lease, assign the Master Lease to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresGROUP, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the including Manager’s right to use renew 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 term thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 3 contracts

Sources: Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc), Management Services Agreement (Prospect Medical Holdings Inc)

Premises. The Premises consists Landlord shall endeavor to tender possession of the Building to be constructed by the Sublessor in accordance Premises (with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Tenant Improvements and the land area appurtenant thereto comprising approximately five (5Core and Shell Work Substantially Complete) acres, which land area shall consist of a portion of to Tenant on or before the land currently leased by Sublessor Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the 200 Ground Lease (defined below) and a portion terms of the land area designated as 160 International Drive (Work Letter are not Substantially Complete on or such portion thereof as is necessary before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to construct Tenant for any loss or damage resulting therefrom and the Building Term Commencement Date shall not occur until Substantial Completion of Core and Common Facilities) (Shell Work and the “Lot”)Tenant Improvements occurs; provided, however, if the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area satisfaction of the Buildingrequirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Common Facilities Substantial Completion of Core and Lot Shell Work and the Tenant Improvements shall be subject deemed to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessor, and Sublessor, as lessee occur when (as currently reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in effect, writing to Landlord and Tenant the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the terms hereof. Sublessor agrees commencement or completion of the Core and Shell Work or the TI Work that it shall not commence construction results from or development arises out of any additional buildings of the following: (1) delays or improvements failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on the premises demised a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Sublessor (Tenant or any affiliate thereofrequest by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) under or pursuant delays caused by any revision to the Ground Lease until the Delivery DateBudget or TI Tenant Change Order Request. Subject Landlord shall endeavor in good faith to the foregoing, the forms, terms and conditions provide Tenant with at least thirty (30) days prior written notice of the Premises Ground Lease Amendment shall be subject to date when Landlord believes the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATerm Commencement Date will occur.

Appears in 3 contracts

Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all the conditions set forth herein, real property situated in the County of Chippewa, State of Wisconsin, consisting of 58,725 square feet as outlined on the attached Exhibit "A," (herein referred to as the "Premises,") including rights to common areas as hereinafter specified. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of are a portion of the land currently leased by Sublessor pursuant Lessor's Building #104 herein referred to as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct "Building." The Premises, the Building and the Common Facilities) (Areas, along with all other buildings and improvements, are herein collectively referred to as the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use "Presto Facility." If at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents time during any term or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval renewal term of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot Lease, Lessor receives and is otherwise necessary willing to construct the Building and Common Facilities) (ii) accept a bona fide offer from a third party to amend the 200 Ground Lease to include lease that portion of Lessors building which is adjacent to the Lot not presently leased Premises (identified on Exhibit "A" as "Future Expansion,") then lessor shall promptly deliver to Sublessor under Lessee a notice of its intent to lease the 200 Ground Future Expansion Premises. Lessee shall have a period of thirty (30) days within which to exercise its right of first refusal to lease the Future Expansion Premises upon the terms and conditions of this Lease, (iii) to cause the PDA to enter into but at 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 rate as soon as reasonably practicable. The terms of such amendment acceptable to the Ground Lease (proposed third party tenant. If, however, the Lessor has available space in the Future Expansion Premises, but has not received a bona fide offer from a third party to lease said Premises, Lessee may lease that space in addition to the Premises Ground Lease Amendment”) shall provide for described herein. In that case, the addition lease of that portion of Future Expansion Premises shall be at the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on same rental and governed by the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitiesas outlined in this Lease Agreement. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingIn either case, the forms, terms and conditions of parties hereto shall enter into an amendment to this Lease Agreement describing the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not additional space to be unreasonably withheld, conditioned or delayed. Upon execution leased and the term of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAthat rental.

Appears in 3 contracts

Sources: Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc)

Premises. The Premises consists Landlord, for and in consideration of the Building 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 the Sublessor in accordance with the terms hereof together with the rightLandlord, appurtenant thereto to the exclusive use of the Common Facilities 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 constructed by installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Sublessor in accordance with the terms hereof Land and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of Improvements are referred to collectively as the land currently leased by Sublessor pursuant to the 200 Ground "Premises". Tenant acknowledges that this Lease (defined below) is subordinate and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval (a) all liens, encumbrances, deeds of Sublessor trust, reservations, covenants, conditions, restrictions and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by matters affecting the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to ("Title Matters") (i) seek approval in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and be designated the developer and lessee of the land area designated as 160 International Drive incorporated herein ("Preliminary Report") or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) approved or deemed approved pursuant to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leasethis Section 1.1, (iii"Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee Premises or the use or occupancy thereof, in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with effect on the execution and delivery of this Lease or thereafter promulgated. In the event that, after the Effective Date any new Title Matters appear of record, 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment matters shall be subject to the prior written review and approval of Sublessee, Tenant which approval shall not to be unreasonably withheld, conditioned withheld so long as the new Title Matter does not materially and adversely impair the use or delayed. Upon execution occupancy by Tenant of the approved Premises Ground Lease Amendment, Sublessor 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 Sublessee shall amend this Lease as necessary Landlord delivers a written reminder notice to reflect the existence thereof Tenant and Tenant fails to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration respond within five (5) days of the Lot as approved by delivery of the PDAwritten 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. The Premises consists Landlord has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to as the "Property"). Landlord owns a building on the Property referred to in Section 1.01 (H) (hereinafter the "Building") suitable for use as office research and development space, together with related parking facilities and other improvements necessary to enable to the Building to be constructed so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Sublessor in accordance with Term and upon the terms hereof and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to as the "Premises" or "Leased Premises"), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the rightright to install, appurtenant thereto maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as may be reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the exclusive balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Common Facilities Premises and as far as practicable to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresminimize annoyance, which land area shall consist of a portion of the land currently leased by Sublessor pursuant interference or damage to Tenant when making modifications, additions or repairs. Subject to the 200 Ground Lease (defined below) provisions of Article VIII, Tenant and a portion of its customers, agents and invitees have the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesnon-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other Tradeport tenants and occupants and authorized users facilities designated for common use within the Building, except that with respect to non-exclusive automobile parking spaces, Tenant shall cause its employees to park their cars only in areas specifically designated from time to time by Landlord for that purpose. Landlord shall have the right to use the entrancesdesignate, exits in its sole business judgment, certain spaces as "customer" parking spaces and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Tenant shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, its employees not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDApark in said customer parking.

Appears in 2 contracts

Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)

Premises. The Premises consists (a) In consideration of the Building obligation of Tenant to be constructed pay Rent as herein provided, Landlord hereby lets to Tenant and Tenant takes and hires from Landlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, to have and to hold for the Sublessor in accordance with the terms hereof together with the rightTerm, appurtenant thereto subject to the exclusive use terms, covenants and conditions 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) acresthis Lease, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)together with, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use in common with Landlord and other tenants, occupants and visitors to the entrancesBuilding, exits the common lobbies, hallways, loading areas, and roadways of 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 Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common right to use at the Tradeport. Sublessor presently leases a and exclusively occupy that portion of the Lot, such portion being known Building 4 as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by outlined as “Temporary Premises” on Exhibits A-12.1 and between the PDA, as lessorA-12.2 hereto, and Sublessorhereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, as lessee (as currently in effect, Building 4 shall be incorporated for the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval purpose of this Lease and be designated the developer and lessee as part of the land area designated as 160 International Drive Premises. (or such portion thereof as comprises c) Tenant shall have the Lot right to use, in common with Landlord and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion other tenants of the Lot not presently leased to Sublessor under Buildings, 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 areas outlined as PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such amendmentareas, all as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) which shall provide for the addition of that portion not be considered part of the Lot not presently leased Premises hereunder, shall be subject to Sublessor under reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of 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 FacilitiesBuildings. It is understood and agreed that Sublessor shall seek Landlord may terminate Tenant’s use of such areas by reasonable advance notice to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Tenant in the futureevent Landlord, additional buildings and improvements leases such areas to another tenant. (subject 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 terms “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and conditions hereof). Sublessee agrees that replacing utilities, equipment, and other facilities serving the Premises Ground Lease Amendment may include such additional land so long as (i) and Tenant’s operations therein, tenant shall have the Ground Lease is right at all times to access the Unrestricted Tenant Access Area, and the same shall 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 be considered part of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAhereunder.

Appears in 2 contracts

Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Premises. The Premises consists of Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five entire eighth (58th) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) floor and a portion of the land area designated ninth (9th) floor, as 160 International Drive (or such portion thereof as is necessary to construct the Building more particularly shown hatched on Exhibit 1 annexed hereto and Common Facilities) made a part hereof (the “Lot”), "Premises") in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto building known as Exhibit 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority ▇▇, in the Borough of Manhattan, New York County, City and State of New York (“PDA”the "Building" and, together with the plot of land upon which such building stands, the "Real Property") for common use a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the Tradeport. Sublessor presently leases a portion "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the LotUnited States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such portion being known other place as 200 International DriveLandlord may designate, pursuant to without any set-off, offset, abatement or deduction whatsoever, except that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee first (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy 1st) monthly installment of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after Rent shall be payable on the date hereof, Sublessor shall use its best efforts to . If the Rent Commencement Date (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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”hereinafter defined) 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 occur on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements a date other than the Building and Common Facilities first (1st) day of any calendar month, Tenant shall pay to Landlord, on the Lot and first (ii1st) the inclusion of such additional land area will not result in any delay in the permitting or construction day of the Premises month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the number of days from and including the Rent Commencement Date bears to the total number of days in accordance said calendar month. Such payment, together with the terms hereof. Sublessor agrees that it sum paid by Tenant upon the execution of this Lease, shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions constitute payment of the Premises Ground Lease Amendment shall be subject Rent for the period from the Rent Commencement Date to and including the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution last day of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAnext succeeding calendar month.

Appears in 2 contracts

Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Tenant and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of Tenant hereby hires from Landlord a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) part hereof (the “Lot”), "Premises") in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto building known as Exhibit 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority , in the Borough of Manhattan, New York County, City and State of New York (“PDA”the "Building" and together with the plot of land upon which such building stands, the "Real Property") for common use at a term (the Tradeport. Sublessor presently leases a portion "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the Lotterms, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents covenants or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval conditions of this Lease and be designated or pursuant to law at the developer and lessee "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the land area designated United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as 160 International Drive (hereinafter otherwise provided), at the office of Landlord or such portion thereof other place as comprises Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 first monthly installment on the execution and delivery of such amendment, all hereof. If the Rent Commencement Date (as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”hereinafter defined) 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 occur on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements a date other than the Building and Common Facilities first (1st) day of any calendar month, Tenant shall pay to Landlord, on the Lot and first (ii1st) the inclusion of such additional land area will not result in any delay in the permitting or construction day of the Premises month next succeeding the month during which the Rent Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the number of days from and including the Rent Commencement Date bears to the total number of days in accordance said calendar month. Such payment, together with the terms hereof. Sublessor agrees that it sum paid by Tenant upon the execution of this Lease, shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions constitute payment of the Premises Ground Lease Amendment shall be subject Rent for the period from the Rent Commencement Date to and including the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution last day of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAnext succeeding calendar month.

Appears in 2 contracts

Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Premises. The Premises consists of the Building (a) Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “LotPremises”), described in Paragraph 1(d) hereof and designated on Exhibit “A” hereto in the present, planned location and configuration of which are shown on the conceptual site plan attached hereto building commonly known as Exhibit 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises▇▇▇▇▇, in common with other Tradeport tenants and occupants and authorized users the right to 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 hereinafter referred to as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseBuilding”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of together with the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 exclusive right and Sublessee in substantially easement to use 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements parking (subject to the terms provisions of Paragraph 36 hereof) and conditions hereof)common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. Sublessee agrees that The Building and common areas, including parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and Third Floors of the Premises Ground Lease Amendment may include not be completed and delivered to Tenant simultaneously. That one of the Second or Third Floor which is first completed and delivered to Tenant is herein referred to as “Phase One” and the other such additional land so long Floor is herein referred to as “Phase Two.” The date Phase Two is completed and delivered to Tenant as provided in Paragraph 3(a) hereof is herein referred to as the “Effective Date.” (ib) The usable square foot area of the Ground Lease is not terminable Premises, as to well as the Lot should Sublessor fail to construct improvements Building shall be computed based upon the BOMA American National Standards Z65.1 1996, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas 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 Building Second and Common Facilities on Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the Lot rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by Landlord’s architect, ▇▇▇▇▇▇ ▇▇▇▇▇ (iihereinafter referred to as the “Independent Architect”) the inclusion of shall promptly measure such additional land area will not result in any delay in the permitting or construction 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 accordance with such certification and Section l(j) shall be revised accordingly. The parties acknowledge that the terms hereof. Sublessor agrees 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 Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys, provided that it Tenant shall not commence materially interfere with Landlord’s construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAactivities.

Appears in 2 contracts

Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the terms hereof together with provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the rightPremises as designated on Exhibit A, appurtenant thereto consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached to this Lease, no representations or warranties relating to the exclusive use condition of the Common Facilities Project or the Premises and no promises to be constructed alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or the Sublessor Work Letter attached hereto, Tenant agrees to accept the Premises in accordance with the terms hereof their current “AS IS, WHERE IS” condition and the land area appurtenant thereto comprising approximately five (5) acresacknowledges that LANDLORD MAKES NO WARRANTIES, which land area shall consist of a portion 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 land currently leased by Sublessor pursuant to Premises for the 200 Ground Lease (defined below) and a portion purposes of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)conducting business, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users including all Initial Improvements, shall be deemed accepted by Tenant. Tenant shall also have the right to use the entrancesnonexclusive right, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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), to use the Common Areas of the Project. Sublessee agrees Tenant acknowledges that the Premises Ground Lease Amendment Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include such additional land so 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 (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building Premises remain reasonably accessible 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 Tenant’s use of the Premises in accordance with the terms hereof. Sublessor agrees that it shall is not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAmaterially diminished.

Appears in 2 contracts

Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Premises. The Premises consists (a) Effective as of December 1, 2009 (the “Expansion Effective Date”), the Premises, as defined in the Lease, is increased from approximately Nine Thousand One Hundred Seventy-Two rentable square feet on the Tenth (10th) Floor of the Building to be constructed approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the Tenth (10th) Floor of the Building by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use addition of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Expansion Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amendmentExpansion Effective Date, all as soon as reasonably practicablereferences to the Premises in the Lease shall mean, collectively, the Existing Premises and the Expansion Premises. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide Term for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder Expansion Premises shall commence on the same terms Expansion Effective Date and conditions except for ground rent and construction obligations of Sublessor to end on the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureExtended Termination Date, additional buildings and improvements (subject unless sooner terminated pursuant 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 Lease. The Expansion Premises in accordance with is subject to all the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Premises Ground Lease Amendment unless such concessions are expressly provided for herein with respect to the Expansion Premises. (b) Notwithstanding anything to the contrary set forth in Paragraph 3(a) above, if Landlord fails to deliver Tenant possession of the Expansion Premises on or before the Expansion Effective Date for any reason, including without limitation, holdover by prior occupants, Landlord shall not be liable for any claims, damages or liabilities as a result thereof, but the Expansion Effective Date shall be subject to the prior written approval of Sublessee, not delayed to be unreasonably withheld, conditioned or delayed. Upon execution the date upon which Landlord delivers possession of the approved Expansion Premises Ground Lease Amendmentto Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), Sublessor and Sublessee shall amend this Lease as necessary to reflect either Landlord or Tenant, at the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration request of the Lot as approved by other, shall execute a declaration specifying the PDAExpansion Effective Date; provided, however, that failure to execute, or request execution of, such declaration shall not in any way alter the Expansion Effective Date. If the Expansion Effective Date is delayed the Extended Termination Date shall not be similarly extended.

Appears in 2 contracts

Sources: Lease Agreement (Adamas Pharmaceuticals Inc), Lease Agreement (Adamas Pharmaceuticals Inc)

Premises. The Premises consists Subject to and with the benefit of the provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant's Space in the Building to be constructed by (hereinafter, the Sublessor in accordance with the terms hereof "Tenant's Space"), together with the right, appurtenant thereto to appurtenances described below. Tenant's Space as the exclusive use of the Common Facilities to same may be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the 200 Ground Lease (defined below) and a portion of the land area designated Premises". Tenant shall have, as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, the right to use in common with other Tradeport 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 occupants and authorized users 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 entrancespark, exits commonly known and roadways of referred to as the Tradeport designated by the Bedford Wood▇ ▇▇▇▇▇ Development Authority ice Park and shown on the Plan of the Park attached hereto as part of Exhibit A (“PDA”the "Park") for from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common use areas now or hereafter located at the Tradeport. Sublessor presently leases a portion Park (the "Common Areas"), including, without limitation, the Common Areas shown on the Plan of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Park attached hereto as Exhibit C and A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease any amendments or modifications to such Common Area will not materially adversely effect Tenant's ability to access the Premises (ii) Landlord will provide Tenant prior written notice thereof and be designated (iii) provided further that any such amendments or modifications to the developer and lessee Common Areas are reasonably functionally equivalent to the portion of the land area Common Areas that they amend or replace, (b) all rights of ingress and egress to and from the Building and to and from the Park, all service areas, drainage structures and areas for surface water runoff, including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as 160 International Drive common or visitors parking areas for use of the entire Park, if any, (or such portion thereof as comprises e) all other rights appurtenant to the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseBuilding, (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 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 (iif) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingall utility lines, the formselectricity, terms water and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor sewage disposal pipes and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAstructures.

Appears in 2 contracts

Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)

Premises. The 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 consists 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 constructed delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (the "RPB Commencement Date"). If Landlord, for any reason, cannot deliver possession of the A Remaining Premises to Tenant on the RPA Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the A Remaining Premises), or cannot deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the B Remaining Premises), in either case without any improvements, alterations, repairs, refurbishment or other modifications being made thereto (except as may be necessary to satisfy the requirements of Section 1.2 above), Landlord shall not be subject to any liability nor shall the validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as appropriate, shall be extended commensurately by the Sublessor period of time Landlord is delayed in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use so delivering possession of the Common Facilities A Remaining Premises and/or the B Remaining Premises to be constructed by Tenant without any improvements, alterations, repairs, refurbishment or other modifications being made thereto. Tenant's rights to use the Sublessor in accordance with the terms hereof A Remaining Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot B Remaining Premises shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant subordinate to the Premises, in common rights of Phoenix; and no use by Tenant may unreasonably interfere with other Tradeport tenants and occupants and authorized users the right rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the entrancesLease, exits and roadways of references to the Tradeport designated by "RP Commencement Date" shall be deemed to be references to the ▇▇▇▇▇ Development Authority (“PDA”) for common use at "RPA Commencement Date" and/or the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA"RPB Commencement Date", 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAappropriate.

Appears in 2 contracts

Sources: Sublease Agreement (Biotime Inc), Lease Agreement (Avigen Inc \De)

Premises. The Premises consists In consideration of the Building agreements, terms, covenants, conditions, requirements, provisions and restrictions to be constructed kept, observed, performed, satisfied and complied with by Tenant, and of the Sublessor 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 hereof together with the right, appurtenant thereto and conditions set forth in this Lease. Tenant acknowledges that prior to or subsequent to the exclusive use of Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Common Facilities to be constructed by Project and/or enter into lot tie agreements, easements or other matters affecting the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area Site. This Lease shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall at all times be subject and subordinate to approval all such subdivisions, lot ties, easements or other matters affecting the Site. As a condition to entering into this Lease, Tenant agrees and acknowledges that Tenant and any subtenants and/or assignees shall execute any and all documents required by Landlord in connection with such subdivision, lot tie, easement or other matter affecting the Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofsuch party. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant In addition, Tenant agrees to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease ensure that Tenant's lenders or creditors, and be designated the developer and lessee of the land area designated as 160 International Drive (lenders or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 creditors of any additional buildings subtenant and/or assignee, execute any and all documents reasonably required by Landlord in connection with such subdivision, lot tie, easement or improvements on other matter affecting the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDASite.

Appears in 2 contracts

Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the provisions hereof, Landlord leases to Tenant and Tenant 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, 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 hereof together with hereof, to use the Common Areas of the Project. Tenant acknowledges that the Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, appurtenant thereto in its sole discretion, at any time and from time to time, to include the exclusive use 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 Facilities Areas, as long as the Premises 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) had occurred during the Base Year; b] materially impair access to the Premises or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the Parking Facility at one or more times during the Term, which expansion will in some way affect access to the Parking Facility provided, however, that there will be constructed by no change to the Sublessor number of parking spaces available to Tenant, although said spaces can be made available to Tenant in accordance with the terms hereof and the land area appurtenant thereto comprising approximately an alternative parking location, which alternative parking location will be no more than a five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct minute walk from the Building and Common Facilitiesand, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Tenant) a shuttle service that will be scheduled to run no less than every ten (10) minutes between the “Lot”)hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, with the presentexception of holidays; or, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right c] materially impair Tenant’s ability to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAAuthorized Use.

Appears in 2 contracts

Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists as shown as attached Exhibit “A” within the Building (the Building and the lot on which it is located, the “PROPERTY”), together with the non-exclusive right with Landlord and other occupants of the Building to be constructed use all areas and facilities provided by Landlord for the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of all tenants in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Property including any lobbies, hallways, driveways, sidewalks and the land area appurtenant thereto comprising approximately five (5) acresparking, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) loading and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) landscaped areas (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “TradeportCOMMON AREAS”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to Notwithstanding the foregoing, the formsLandlord shall complete the work described on Exhibit “A-2” necessary to improve the Premises (collectively, terms the “LANDLORD’S WORK”), as such improvements are depicted on Exhibit “A-1”. In addition the Landlord Work, Landlord shall cause additional air conditioning returns to be installed in the new offices being constructed and conditions 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 Ground Lease Amendment 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 before September 28,2015, If Landlord fails to complete the Landlord’s Work by November 1,2015, as the same may be extended for delays caused by Force Majeure or Tenant, then the commencement of payment of Minimum Annual Rent shall be subject to the prior written approval delayed by one (1) day for each day that delivery of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution possession of the approved Premises Ground Lease Amendmentis delayed beyond November 1, Sublessor 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or Tenant, Tenant shall have the option of canceling and Sublessee shall amend terminating this Lease as necessary by giving notice in writing to reflect the existence thereof and Landlord at any time prior to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration die date on which Landlord delivers of possession of the Lot as approved by Premises to Tenant, In the PDA.event this Lease is so terminated, Tenant shall not be liable to Landlord on account of any covenant or obligation herein contained, and any security deposit shall be refunded to Tenant. For the purposes of this Lease, “Force Majeure” shall mean strikes, lock-outs, riots or other labor troubles, unavailability of materials, a national emergency, any rule, order or regulation of governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Landlord’s control

Appears in 2 contracts

Sources: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)

Premises. The Premises consists of Lessor hereby leases unto Lessee the Building to be constructed by the Sublessor in accordance with the terms hereof Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall have the right, appurtenant without the necessity of obtaining Lessee’s consent thereto or joinder therein, to grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the exclusive Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Common Facilities Premises for the Permitted Use. Lessor further hereby reserves the right to be constructed by install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area serving other parts of the Building, Common Facilities provided that reasonable advance notice thereof is given to Lessee and Lot that the exercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. Lessee, its employees 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. Lessee shall be subject permitted to approval operate its business in the Premises outside of Sublessor and Sublessee the Building hours (as set forth in accordance with Article 3 and Paragraph l of Exhibit D hereof. The Lot is located within attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant cost of supplying HVAC and other services to the Premises, as described on Exhibit D at times other than such Building hours in common with the event that Lessee requests HVAC or other Tradeport tenants such services outside of Building hours, such payment to be due and occupants and authorized users the right payable no later than thirty (30) days after Lessor gives written notice to use the entrances, exits and roadways Lessee of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amount 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcharges.

Appears in 2 contracts

Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)

Premises. The Premises consists (a) Landlord, in consideration of the Building rents to be constructed paid and covenants and agreements to be performed by Tenant, does hereby lease unto Tenant premises comprised of approximately 20,000 square feet of leasable space (the Sublessor "Premises") in accordance with the terms hereof together with 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 rightCity of Cleveland, appurtenant thereto to County of Cuyahoga and State of Ohio (the exclusive use "Center"). The location, size, and area of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to Center as of the 200 Ground Lease Commencement Date (defined below) will be substantially as shown on Exhibit "A" attached hereto and made a portion part hereof (the "Site Plan"). A legal description of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease Center is attached hereto as Exhibit C "B" and made a part hereof. (b) The square footage specified in Section 1(a) shall be certified to Tenant by Landlord's architect prior to the Rent Commencement Date (defined in Section 3(b) below). Tenant shall have ninety (90) days from the receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the middle of interior walls, excluding the square footage of any mechanical and utility rooms, escalators, elevators, stairs and any other common area space located within the Premises. If the square footage of the Premises as verified and confirmed by Tenant pursuant to this Section 1(b) is less than the size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the foregoing shall not be construed as permitting a material variance in dimensions or area. (c) Landlord covenants that the Center is or shall be developed in accordance with the Site Plan and that trueit 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, correct and complete copies visibility of, parking for or use of any documents the Premises. Notwithstanding the foregoing, no modification or plans referenced in replacement to the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Center shall use its best efforts to (i) seek approval reduce the ratio of this Lease and be designated parking spaces (for standard size American cars) to gross leasable area of buildings in the developer and lessee Center below five (5) spaces per 1,000 square feet of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) leasable space, (ii) alter or make any changes, including any reduction or rearrangement of parking spaces, to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under Center indicated on the 200 Ground LeaseSite Plan as the "Protected Area", (iii) interfere with truck access to cause the PDA loading doors of the Premises, (iv) materially adversely interfere with customer access to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto Premises, (the “PDA Non-Disturbance Agreement”v) simultaneously materially adversely interfere 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 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 visibility of the Premises from the roads providing direct access to the Center, or (vi) result in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements in the area designated "No Build Area" on the premises demised 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 Sublessor (prevent any interference with parking for, access to or any affiliate thereof) under visibility or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions use of the Premises Ground Lease Amendment shall be subject to or the prior written approval business of Sublessee, not to be unreasonably withheld, conditioned Tenant or delayed. Upon execution any subtenant or licensee of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATenant.

Appears in 2 contracts

Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)

Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building located at One Campus Martius, Detroit, Michigan, consisting of approximately 1,025,764 rentable square feet of floor area (hereinafter referred to as the “Building”), together with 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 the “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of which is contained on Exhibit “B” attached hereto. (b) The rentable area of the Premises, as well as the Building shall be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to exceed twenty (20%) percent. (c) The rentable square foot area of the Premises consists shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the rentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the measurement or calculation by ▇▇▇▇▇▇▇▇’s architect, an independent architect jointly selected by Landlord and Tenant shall promptly measure such portion of the Premises and 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 sixty-five (365) days a year using card readers, or keys. (e) Subject to the limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the 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 the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the exclusive contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially or adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Facilities to be constructed by Areas which remain available for common use or Parking Structure provided, however, the Sublessor in accordance with foregoing shall not preclude Landlord from modifying the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresBuilding lobby, which land area shall consist of a portion or modifying or eliminating areas outside of the land currently leased Building, (b) not materially or adversely increase any obligation of Tenant under this Lease, or (c) permanently reduce or permanently eliminate any of Tenant’s parking rights. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Sublessor pursuant 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 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and central core area of the Building, Common Facilities and Lot above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be subject performed at such times and in such manner, as to approval create the least practicable interference with Tenant’s use of Sublessor the Premises and Sublessee (z) no such work by ▇▇▇▇▇▇▇▇, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in accordance with Article 3 and Exhibit D hereofexcess of two percent (2%) per floor of the Premises. The Lot is located within Except in the former case of Emergencies, ▇▇▇▇▇▇▇▇ Air Force Base as more particularly described agrees to give Tenant reasonable advance notice of any of the foregoing activities which require work in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists subject to the provisions herein contained. Tenant has inspected the Premises (and portions of the Building Property and Center providing access to be constructed by or serving the Sublessor in accordance 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 the terms hereof together with the right, appurtenant thereto respect to the exclusive use habitability, condition or suitability of the Common Facilities Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to be constructed by the Sublessor contrary contained in accordance with the terms hereof this Lease and the land area appurtenant thereto comprising approximately five (5) acreswithout reducing any other obligations of Landlord hereunder, which land area shall consist of a portion Landlord represents and warrants to Tenant that, as of the land currently leased by Sublessor pursuant to Commencement Date, (i) the 200 Ground Lease Premises shall be free and clear of occupants and third party occupancy rights, (defined belowii) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilitiesthe Premises and every part thereof, shall be in compliance with all applicable codes, laws, ordinances and regulations, (iii) all Landlord’s Work shall be substantially completed in a good and workmanlike manner and free from defects with the exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (iv) the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area structural elements of the Building, Common Facilities the electrical and Lot shall be subject to approval of Sublessor lighting systems serving and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use life safety systems servicing the entrancesPremises, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effectif any, the “200 Ground Lease” sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and as hereafter amended by sewer systems serving the Premises Ground Lease Amendment, and the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 window coverings on the same terms Premises are all in good working order and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcondition.

Appears in 2 contracts

Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Premises. The Premises consists of Landlord leases to Tenant and Tenant leases from Landlord the Building to be constructed by the Sublessor in accordance with the terms hereof Premises, together with the right, appurtenant thereto right in common with others to use the Common Areas. Tenant shall have access to the exclusive use Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the Common Facilities terms and conditions of this Lease. Subject to be constructed by the Sublessor in accordance Landlord’s obligations with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant respect to the 200 Ground Lease (defined below) and a portion of Tenant Improvements, Tenant accepts the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Premises, Building and Common FacilitiesAreas “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. (a) Landlord shall cause to be constructed, in compliance with applicable Laws, the tenant improvements described on Exhibit “C” (the “LotTenant Improvements”). All bids received and subsequent documentation shall be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the construction meetings (which shall be held not less frequently than twice per month) and in the selection process; provided, however, that all contractors shall be selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot Tenant Improvements shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeTenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, conditioned then such approval shall be deemed given. Tenant shall have the right to inspect the progress of the Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or delayedbefore the Estimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon execution the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the approved Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the foregoing, Landlord shall repair, at its sole cost and expense, any latent defects in the Tenant Improvements discovered within one (1) year following the Substantial Completion of the Tenant Improvements. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed, in whole or in part, due to Tenant Delay, then the Free Rent Period shall be reduced for every day of such delay, and if such delay is longer than the Free Rent Period, Tenant’s obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and the Commencement Date shall be deemed to be the date that the Tenant Improvements would have been Substantially Completed but for such Tenant Delay. (c) Following the determination of the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Tenant’s acceptance of the Premises Ground Lease Amendmentin the form of Exhibit “H” attached hereto. (d) Commencing on the date that is approximately thirty (30) days prior to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Sublessor Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and Sublessee shall amend wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease as necessary shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to reflect pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration Premises shall not interfere with Landlord’s construction of the Lot as approved by Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the PDApolicies and safety directives of Landlord’s contractor.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)

Premises. In consideration of the rent and other agreements contained in this Lease, Landlord leases to Tenant and Tenant rents from Landlord the premises (hereinafter the "Premises") described as follows: A retail store space numbers 214, 216, and 218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter the "Shopping Center"), municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. The Premises consists are designated on Exhibit A hereto for the purpose of setting forth the configuration and approximate location of the Building Premises within the Shopping Center Site (the "Shopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises shall be constructed improved or otherwise prepared for occupancy by the Sublessor Tenant in accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the terms hereof together with cost, if any, to Tenant. In the rightabsence of any specific requirements set forth on Exhibit C, appurtenant thereto Tenant shall be deemed to have accepted the Premises "as is", except for any items specified on a punch list delivered to Landlord within thirty (30) days after possession of the Premises is delivered to Tenant. Notwithstanding the foregoing, Tenant shall not be deemed to have waived its right to require Landlord to correct any latent defects as long as Tenant gives notice thereof to Landlord on the earlier of thirty (30) days after discovery of the defect or thirty (30) days after the date Tenant should have been alerted to the exclusive use existence thereof had Tenant acted reasonably, provided such notice must be provided in any event within one (1) year after delivery of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist possession of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants Landlord covenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts agrees to (i) seek approval deliver the Premises in compliance with legal, code and zoning requirements exclusive of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (any such requirements relating to Tenant's Work including, but not limited to, building or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) occupancy permits, (ii) deliver the utility systems to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeasePremises as specified in Exhibit C in good working order, and (iii) deliver the rough shell building in good condition and repair, free of any asbestos. Tenant shall use commercially reasonable efforts to cause the PDA submit plans and specifications for Tenant's Work 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 amendmentLandlord for its approval, 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 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 which shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned on or delayedbefore [***]. Upon execution Landlord shall approve such plans and specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that Tenant's prototype design plan for its store incorporates the open storefront element into the design of the Premises provided that Tenant constructs such portion (and all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, and pursuant to plans and specifications approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved in advance by the PDALandlord.

Appears in 2 contracts

Sources: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

Premises. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises consists comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to fulfill Landlord’s obligations as outlined in the Tenant/Landlord Responsibility Matrix attached hereto as Exhibit D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work (to the extent that such Landlord’s Work does not materially interfere with the construction of Tenant’s Work); (ii) demolition and disposal of the existing improvements in the Premises, (iii) installation of a new centralized lab-ready base building HVAC system, delivery of mechanical electrical, life safety and plumbing systems serving the Premises in good operating condition and repair, and (iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to be constructed by the Sublessor exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease . Landlord shall perform the Landlord’s Work in a good and workmanlike manner, free from faults and defects, in compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the Landlord’s Work in a timely and diligent manner and in accordance with the terms hereof together Construction Schedule set forth at Exhibit M, and with the rightcompletion of the Landlord’s Work scheduled to occur no later than May 31, appurtenant thereto 2018 (the “Landlord’s Work Target Date”). In the event that Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Delay pursuant to the exclusive use 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 Common Facilities Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the City of Cambridge for Landlord’s Work (excluding the Tenant Improvements). In the event that Landlord has not completed Landlord’s Work within forty-five (45) days after the Initial Delivery Deadline, then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for each day of such delay. In the event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to extension for each day of Tenant Delay pursuant to the Work Letter, this Lease may be terminated by Tenant, effective upon written notice delivered to Landlord no later than the date that is ten (10) days after such Outside Delivery Deadline. If Tenant has not delivered such written notice of termination to Landlord within such required time period, then this Lease shall remain in full force and effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall use good faith efforts to ensure, and cause Contractor to ensure, that completion of the Landlord’s Work shall not interfere with the ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the “Punch List”). Landlord shall complete and/or correct all items on the Punch List within thirty (30) days after Landlord receives the Punch List and shall give Tenant written notice when all of the items on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be constructed by installed within the Sublessor Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the terms hereof plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the land area appurtenant thereto comprising approximately five date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (5) acresa “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, which land area Landlord shall consist 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 a portion 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 land currently leased 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 Sublessor pursuant or on behalf of the Landlord with respect to the 200 Ground Lease (defined below) and a portion Premises, the Building or the Property or with respect to the suitability of any of them for the conduct of the land area designated as 160 International Drive (Tenant’s business or such portion thereof as is necessary to construct activities. The Premises shall exclude common areas and facilities of the Building and Common Facilities) (the “Lot”)Property, including without limitation exterior faces of exterior walls, the presententry, planned location vestibules and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area main lobby of the Building, Common Facilities first floor elevator lobby and Lot shall be subject to approval of Sublessor lavatories, the common stairways and Sublessee in accordance with Article 3 stairwells, elevators and Exhibit D hereof. The Lot is located within the former elevator ▇▇▇▇▇ Air Force Base ▇, 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 more particularly described in is” condition at the hereafter defined Ground Lease (Commencement Date of the “Tradeport”)Lease. Sublessee shall have as a right appurtenant Prior to the PremisesCommencement Date, in common Landlord shall provide Tenant with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways evidence of the Tradeport designated decommissioning of the Premises by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeportprior tenant. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor Landlord represents and warrants to Sublessee that a trueTenant that, correct to the best of Landlord’s current knowledge, information, and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that truebelief, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (ia) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilitiesthe Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord covenants to keep the Building in compliance throughout the Term; (b) (ii) to amend Landlord holds the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor tenant’s interest 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 as such term is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area defined in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureSection 12.14), 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 no mortgage other than the Building current mortgage to CIGNA; (c) Landlord has full power and Common Facilities on the Lot authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (iid) the inclusion of such additional land area will not result in no other party has any delay in the permitting or construction of possessory right to the Premises in accordance with or has claimed the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsame.

Appears in 2 contracts

Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)

Premises. The Premises consists Landlord leases to Tenant the premises described in Section 1. and in EXHIBIT A (the "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, including, without limitation, that work which Landlord is required to perform pursuant to the provisions of Section 29 below, (2) the terms and representations of this Lease, including, without limitation, those set forth in Sections 8 and 29 below, and (3) Landlord's agreement to cause the Project to comply with any notice (as defined in subclause (A) and (B) below, a "GOVERNMENTAL NOTICE") which is (A) issued either before or after the Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the 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 Building date of execution and delivery of this Lease (exclusive of an order to be constructed by cause such compliance with respect to any improvements to and/or the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities 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 be constructed 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 Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area Premises shall consist of include a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and common area of the Building, Common Facilities Project and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is the occupied space located within the former ▇▇▇▇▇ Air Force Base as more particularly described Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, in Landlord's sole good faith discretion: (i) to make changes, including, without limitation, changes in the hereafter defined Ground Lease location, size, shape, number and appearance to the Project (excluding the “Tradeport”). Sublessee 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 have as a right appurtenant not be reduced and shall otherwise be located in similar proximity to the Premises), in common with other Tradeport tenants parking areas, loading and occupants unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) walkways; (ii) to amend the 200 Ground Lease to include that portion close temporarily any part of the Lot not presently leased Project for maintenance purposes so long as reasonable access to Sublessor under the 200 Ground Lease, Premises remains available; (iii) to cause designate other land and improvements outside the PDA boundaries of the Project to enter into be a non-disturbance agreement with Sublessor part of the Project, provided that such other land and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution improvements have a reasonable and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment functional relationship to the Ground Lease Project; (the “Premises Ground Lease Amendment”iv) shall provide for the addition of that portion of the Lot not presently leased to Sublessor under the Ground Lease add additional buildings and improvements to the premises currently leased thereunder on Project; (v) to use the same terms and conditions except for ground rent and construction obligations of Sublessor common areas while engaged in making additional improvements, repairs or alterations to the PDA Project or any portion thereof; and (vi) to do and perform such other acts and make such other changes in, to or with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Project as Landlord may, in the futureexercise of sound business judgment deem to be appropriate, additional buildings provided (x) none of the above adversely interferes in any specific and improvements (subject significant manner given Tenant's actual requirement with respect to the terms and conditions hereof). Sublessee agrees that utilization of 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 affected portion of the Premises in accordance for the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the terms hereof. Sublessor agrees that it Project, (y) Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions affect "mission critical" areas of the Premises Ground Lease Amendment shall be subject Premises, as such areas are identified by Tenant to the prior written approval Landlord promptly following receipt by Tenant of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution notice from Landlord of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAits intended activities.

Appears in 2 contracts

Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

Premises. The Premises consists shall be expanded to include the 11,654 rentable square feet consisting of the Building 21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), from and after the Effective Date or such later date on which the 21st Floor Space is delivered to be constructed by Tenant in the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Required Condition (defined below) (“21st Floor Inclusion Date”). The Premises shall be further expanded to include (a) the 24th Floor Space from and a portion after the Effective Date; (b) the 11,717 rentable square feet consisting of the land area designated as 160 International Drive 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 portion thereof 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 necessary hereafter referred to construct the Building and Common Facilities) (as the “Lot22nd and 23rd Floor Inclusion Date). Tenant shall accept the ▇▇▇▇ ▇▇▇▇▇, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 and 23rd Floor Spaces in their “as more particularly described is”, “where is” condition, and “with all faults”, provided however, each of said spaces shall, on the Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of (i) all tenancies and occupants, (ii) violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. Tenant agrees that if it uncovers asbestos while making improvements to the hereafter defined Ground Lease spaces, and the asbestos is not in friable condition, or is or can be encapsulated, then Landlord will have no obligation to remove the asbestos. By way of example, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The conditions noted in (i), (ii) and (iii) above are the “Tradeport‘Required Condition”). Sublessee shall have as a right appurtenant to the PremisesLANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, in common with other Tradeport tenants and occupants and authorized users the right to use the entrancesEXPRESS OR IMPLIED, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority RESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, INCLUDING WITHOUT LIMITATION (“PDA”A) for common use at the Tradeport. Sublessor presently leases a portion of the LotANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, such portion being known as 200 International DriveCONDITION OR TENANTABILITY, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee OR (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (iB) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAANY 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. The Premises consists Subject to the terms of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the entirety of the Premises. Tenant accepts the Premises in its “AS IS” condition, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Prior to the Commencement Date, representatives of Landlord and Tenant 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, then Landlord shall promptly repair the same at Landlord’s expense. Landlord and Tenant (a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree to be constructed 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 other work or improvements to the Premises required by the Sublessor City of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, the “Landlord’s Work”). Landlord’s Work shall be completed in accordance with all Laws and regulations of the terms hereof together with 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 rightparking spaces striped by or on behalf of Landlord shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for Tenant’s use. Furthermore, appurtenant thereto all data wiring serving the Premises and existing prior to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Commencement Date (the “LotCabling)) shall remain intact and in place, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee Tenant shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use such Cabling during the entrancesTerm, exits and roadways of but any changes to the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use Cabling shall be at the TradeportTenant’s sole expense. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor Landlord represents and warrants that to Sublessee that Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a true, correct and complete copy trash enclosure if the user of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies Building does not compost all of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAwaste.

Appears in 2 contracts

Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Premises. 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the terms, covenants and conditions set forth in this Lease the (the "Premises") shown Exhibit A attached hereto and described in the Basic Lease Information, which Premises are located in the building (the "Building") described in the Basic Lease Information. The Building is part of a larger campus for Making Waves Academy consisting of the MWA Middle School and the MWA Upper School (the "Campus"). As used in this Lease, the term "Campus" shall include the parcel or parcels of land on which the MWA Middle School and the MWA Upper School is located and all appurtenances thereto. The Premises consists 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 constructed by permitted to use the Sublessor roof of the Building for any purpose without first obtaining the prior consent of Landlord; provided however, that the Landlord shall permit Tenant to sublease the roof the Premises for the installation of solar panels provided that all such solar panel work is performed in accordance with Article 8 and such installation does materially adversely affect the terms hereof together 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 the right, appurtenant thereto all Rules and Regulations and all laws now or hereafter in effect relating to the exclusive 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 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 Energy Disclosure Requirements, and agrees that Landlord has timely complied in full with Landlord's obligations under the Energy Disclosure Requirements. Tenant acknowledges and agrees that (i) Landlord makes no representation or warranty regarding the energy performance of the Building or the accuracy or completeness of the Data Verification Checklist, (ii) the Data Verification Checklist is for the current occupancy and use of the Common Facilities to be constructed by Building and that the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion energy performance of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown may vary depending on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area future occupancy and/or use of the Building, Common Facilities and Lot (iii) Landlord shall be subject have no liability to approval Tenant for any errors or omissions in the 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 a result of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofLandlord's failure to disclose such information. The Lot is located within Further, Tenant hereby releases Landlord from any liability Landlord may have to Tenant relating to the former Energy Data Verification Checklist, including, without limitation, any liability arising as a result of Landlord's failure to disclose any matter requiring disclosure under the Energy Disclosure Requirements to Tenant prior to the execution of this Lease. ▇▇▇▇▇ Air Force Base as more particularly described in ▇▇'s acceptance of the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant Premises pursuant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval terms of this Lease and shall be designated the developer and lessee deemed to include Tenant's approval of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct energy performance of the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAData Verification Checklist.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Premises. The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises consists known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightXXXX, appurtenant thereto to the exclusive use State of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the California, said land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are interest therein being shown on the conceptual site plan map or plat marked Exhibit “A," attached hereto as Exhibit A. The parties agree that the final location, configuration and area by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the Building, Common Facilities above-described Premises occupied by the supports and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways foundations of the Tradeport designated existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by the ▇▇▇▇▇ Development Authority a Certified Access Specialist (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii"CASp") to amend determine whether 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 nonproperty meets all applicable construction-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 practicablerelated accessibility requirements. 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 Tenant is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees hereby advised that the Premises Ground Lease Amendment have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may include such additional land so long as (i) not prohibit the Ground lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. This Lease is not terminable as subject to (1) approval by the Lot should Sublessor fail to construct improvements Federal Highway Administration (FHWA) for lease use, if Premises are located on an Interstate, and rent at less than fair market value, (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other than the Building and Common Facilities on the Lot and matters of record, (ii3) the inclusion of such additional land area will not result in any delay in the permitting or construction all matters discoverable by physical inspection of the Premises in accordance with the terms hereof. Sublessor agrees or that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions would be discovered by an accurate survey of the Premises Ground Lease Amendment shall be subject and (4) all matters known to Tenant or of which Tenant has notice, constructive or otherwise, including, without limitations, those shown on the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.attached map Exhibit "A.”

Appears in 2 contracts

Sources: Right of Way Use Agreement, Right of Way Use Agreement

Premises. The “As-Is”; FF&E. Assignee shall accept the Premises consists in its existing “AS-IS” condition as of the Building Effective Date and expressly acknowledges that Assignor shall not be obligated to provide or pay for any improvements (other than any improvements that were performed by Assignor prior to the Effective Date for which Assignor has no further obligation to pay for or perform as of the Effective Date) . Notwithstanding anything to the contrary in the Lease, Assignee acknowledges that neither Assignor nor Landlord have any responsibility for work which may be constructed by required to prepare or remodel the Sublessor Premises for Assignee’s use, and that Assignor has not made any representations of any kind, either express or implied, in accordance 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 terms hereof together with construction items listed on Exhibit A-1 attached hereto and the rightlab items listed on Exhibit A-2 attached hereto which shall become the property of Assignee as of the Effective Date (collectively, appurtenant thereto the “FF&E”) . As additional consideration for Assignee entering into this Agreement, on or prior to the exclusive use Effective Date, Assignor shall execute a Quitclaim Bill of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Sale (the “LotQuitclaim)) , in the present, planned location and configuration of which are shown on the conceptual site plan form attached hereto as Exhibit A. The parties agree that B, to Assignee for consideration of $1.00 from Assignee for the final location, configuration FF&E and area of shall deliver the Building, Common Facilities and Lot shall be subject Quitclaim to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 Assignee concurrent with the mutual execution and delivery of such amendment, all the Consent. Assignor makes no representation or warranty as soon as reasonably practicable. The terms of such amendment to the Ground Lease (the “Premises Ground Lease Amendment”) FF&E, and hereby expressly DISCLAIMS ANY WARRANTIES AS TO MERCHANTABILITY, CONDITION, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Assignee shall provide be solely responsible 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 shall pay any sales, use or transfer taxes or similar taxes payable with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject any applicable governmental authority 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 transfer of the Premises in accordance with the terms hereof. Sublessor FF&E to Assignee and Assignee hereby agrees that it shall not commence construction 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 development suffered by Assignor by reason of Assignee’s failure to pay any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAapplicable taxes.

Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to all of the Building terms and conditions set forth herein, those certain premises described as the Premises in the Basic Lease Information. Notwithstanding the foregoing to be constructed the contrary, this Lease is expressly conditioned upon the termination by Landlord of that certain Net Lease Agreement, dated April 4, 2012, by and between Landlord and Nuance Communications, Inc., a Delaware corporation, pursuant to which Landlord leased the Sublessor Premises to Nuance Communications, Inc. (“Nuance,” and such lease, the “Nuance Lease”). Landlord agrees to diligently attempt to achieve such termination of the Nuance Lease, and will keep Tenant apprised of the status of Landlord’s efforts. If Landlord succeeds in terminating the Nuance Lease, Landlord will promptly notify Tenant of such fact. If at any time Landlord reasonably believes that it is unable to terminate the Nuance Lease, Landlord may, by written notice to Tenant, terminate this Lease, in which event, this Lease shall automatically terminate and neither Landlord nor Tenant shall have any further rights or obligations under this Lease. Notwithstanding the foregoing, if, as of the date that is sixty (60) days following the date of mutual execution and delivery of this Lease, Landlord has not notified Tenant of Landlord’s successful negotiation and full execution of an agreement terminating the Nuance Lease in accordance with the terms hereof together with described in this Article 1, Tenant will have the right, appurtenant thereto by written notice delivered to Landlord at any time prior to the exclusive use date upon which Landlord so notifies Tenant of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion termination of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Nuance 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend terminate this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.

Appears in 2 contracts

Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant, and Tenant hereby leases from Landlord, on the terms hereof together with and conditions set forth herein, the right, appurtenant thereto to space outlined on the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) attached Exhibit A (the “LotPremises”), the present, planned location and configuration of which . The Premises are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area floor(s) specified in Paragraph 2 below of the building (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 at ▇▇▇▇ ▇▇▇▇▇▇ Air Force Base as more particularly described in ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the hereafter defined Ground Lease parcel(s) of land (the “TradeportLand”) 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”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by The Project includes the ▇▇▇▇▇▇▇▇Development Authority Building (“PDA”) defined in Section 4.g below), but the ▇▇▇▇▇▇▇▇▇ Building is not included in the Real Property for common use at the Tradeportpurposes of this Lease. Sublessor presently leases a portion Tenant’s lease of the LotPremises shall include the right to use, such portion being known as 200 International Drivein common with others and subject to the other provisions of this Lease, pursuant to that certain Sublease dated April 5the public lobbies, 2001 by entrances, stairs, elevators and between other public portions of the PDABuilding, as lessorwell as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy or use of, or access to, the Premises and Sublessor, as lessee the Parking Facility (as currently defined in effectParagraph 53 below) (collectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseCommon Areas”). Sublessor represents Tenant shall comply with all recorded covenants, conditions and warrants restrictions (“CC&R’s”) currently or hereinafter affecting the Project and agrees that this Lease shall be subject and subordinate thereto; provided, however, that Tenant will not be required to Sublessee comply with, and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of or 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 a trueTenant is granted the right to the use of an allocation of conduits or riser space pursuant to the terms of this Lease, correct and complete copy all of the 200 Ground Lease is attached hereto as Exhibit C windows and that true, correct outside walls of the Premises and complete copies of any documents or plans referenced space in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereofPremises used for shafts, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or other utilities or Building facilities are reserved solely to Landlord and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseLandlord shall, (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 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 provisions of Paragraph 23 below, have rights of access through the Premises Ground Lease Amendment may include such additional land so long as (i) for the Ground Lease is not terminable as to purpose of operating, maintaining and repairing the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsame.

Appears in 2 contracts

Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)

Premises. The Premises consists shall be located at: EMC GROUP, INC. By: Its: EXHIBIT B TO THE TREATS FRANCHISE AGREEMENT BETWEEN EMC GROUP, INC. AND DATED , 200 ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the undersigned ("Assignor") hereby assigns, transfers and sets over unto EMC GROUP, INC., a Florida corporation ("Assignee"), all of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the Assignor's right, appurtenant thereto title and interest as tenant in, to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresunder that certain Lease, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration copy of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that trueA (the "Lease"), correct and complete copies respecting premises commonly known as (the "Premises"). This Assignment is for collateral purposes only and, except as specified herein, Assignee shall have no liability or obligation of any documents kind whatsoever arising from or plans referenced in connection with this Assignment or the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Lease unless Assignee shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee take possession of the land area designated as 160 International Drive (or such portion thereof as comprises Premises demised by the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject pursuant to the terms hereof and conditions hereof)shall assume the obligations of Assignor thereunder. Sublessee agrees Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and its interest therein and that Assignor has not previously assigned or transferred, and is not otherwise obligated to assign or transfer, any of its interest in the Lease or the Premises Ground demised thereby. Upon a default by Assignor under the Lease Amendment may include such additional land so long as or under that certain Franchise Agreement dated ___________, 19__ (ithe "Franchise Agreement") between Assignor and Assignee for that certain Treats Store located at 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 Premises, or in the permitting event of a default by Assignor under any document or construction instrument securing the Franchise Agreement, Assignee shall have the right and is hereby empowered to take possession of the Premises demised by the Lease, expel Assignor therefrom, and, in accordance with such event, Assignor shall have no further right, title or interest in the terms hereofLease and shall remain liable to Assignee for all past due rents which Assignee shall be required to pay to Lessor to effectuate the assignment contemplated hereunder. Sublessor Assignor agrees that it will not suffer or permit any surrender, termination, amendment or modification of the Lease without Assignee's prior written consent. Throughout the term of the Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term of or renew the Lease not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor less than thirty (or any affiliate thereof30) under or pursuant days prior to the Ground last day that said option must be exercised, unless Assignee otherwise agrees in writing. Upon Assignee's failure otherwise to agree in writing, and upon failure of Assignor to elect to extend or renew the Lease until as aforesaid, Assignor hereby appoints Assignee as its true and lawful attorney in fact to exercise such extension or renewal options in the Delivery Datename, place and stead of Assignor for the sole purpose of effecting such extension or renewal. Subject ASSIGNOR: Dated: ATTEST: By: Its: EXHIBIT B CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR IN THE MATTER OF a Lease dated the day of , 1993, made between as Landlord and as Tenant ("Lease") and IN THE MATTER OF a Collateral Assignment of Lease dated between as Assignor and EMC Group, Inc. as Assignee ("Collateral Assignment"). The undersigned Lessor under the aforedescribed Lease hereby: (1) Agrees to notify Assignee in writing of and upon the failure of Assignor to cure any default by Assignor under the Lease; (2) Agrees that Assignee shall have the right, but shall not be obligated, to cure any default by Assignor under the Lease within thirty (30) days after delivery by Lessor of notice thereof in accordance with Section (1) above; (3) Consents to the foregoingforegoing Collateral Assignment and agrees that, the forms, terms and conditions if Assignee shall take possession of the Premises Ground demised by the Lease Amendment shall be subject and confirms to Lessor the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution assumption of the approved Premises Ground Lease Amendmentby Assignee as tenant thereunder, Sublessor Lessor shall recognize Assignee as tenant under the Lease, provided that Assignee cures within said thirty (30) day period the defaults of Assignor under the Lease; and (4) Agrees that Assignee may further assign the Lease to or enter into a sublease with a person, firm or corporation who shall agree to assume the tenant's obligations under the Lease and Sublessee who is reasonably acceptable to Lessor and, upon such assignment, Assignee shall amend this have no further liability or obligation under the Lease as necessary assignee, tenant or otherwise, other than to reflect certify that such additional assignee or sublessee operates the existence thereof and Premises demised by the Lease as a Treats Franchise; and (5) Agrees that in the event of an assignment or sublease pursuant to include such other amendments Item 4 above, to the Exhibits hereto as is reasonably necessary execute a further Consent to reflect the configuration Collateral Assignment of the Lot as approved Lease and Agreement by the PDA.Landlord form in favor of EMC Group, Inc. DATED: LESSOR:

Appears in 2 contracts

Sources: Franchise Agreement (Emc Group Inc /Fl), Franchise Agreement (Emc Group Inc /Fl)

Premises. The Premises consists of the Building (a) Landlord leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTenant leases from Landlord, Suite No. 160, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease parties stipulate and agree is five thousand one hundred and ninety-eight (defined below5,198) and a portion of the land area designated as 160 International Drive rentable square feet (or such portion thereof as is necessary to construct the Building and Common Facilities“RSF”) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site space plan attached hereto as Exhibit A. The parties agree that “A” (“Premises”), located in the final locationbuilding and common areas (collectively, 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 ”) at ▇▇▇ ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 ▇▇▇, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the LotEffective Date. (1) Subject to (b) (2), such portion being known as 200 International DriveLandlord shall, pursuant at its sole expense, keeping the existing ceiling grid, ceiling tiles and lighting in place to that certain Sublease dated April 5the extent possible, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by repaint the Premises Ground Lease Amendmentin colors of Tenant’s choice, shampoo/patch the “Ground Lease”). Sublessor represents carpeting as needed and warrants otherwise perform any changes to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Premises as noted in the space plan attached hereto as Exhibit C and “A” provided that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered event Landlord is unable to Sublesseereutilize 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”). From and Landlord may complete the Landlord’s Work after the date hereofLease 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), Sublessor shall use its best efforts to but in no event more than one hundred twenty (i120) seek approval of this days after the Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground LeaseCommencement Date, (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 which deadline (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 AmendmentLandlord Work Deadline”) shall provide for the addition of that portion of the Lot not presently leased be extended as necessary due 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 any Force Majeure (as hereinafter defined) or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements Tenant Delay (subject to the terms and conditions hereofas hereinafter defined). Sublessee agrees that “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 Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease Landlord’s Work. If any material revision or supplement to Landlord’s Work is not terminable as deemed necessary by Landlord, those revisions and supplements shall be submitted 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 Tenant for approval, which approval shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned unseasonably withheld or delayed. Upon execution In the event such revisions or supplements to Landlord’s Work impact completion of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved Landlord’s Work by the PDALandlord Work Deadline and/or obstruct Tenant from using the Premises for ordinary office purposes, the Fixed Rent Grace Period shall be appropriately extended.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)

Premises. The Premises consists Lessor hereby leases to Lessee a portion of that certain parcel of Property, hereinafter defined, as well as antenna space on the Building to be constructed by the Sublessor in accordance tower, hereinafter designated as “Lessor’s Tower,” with the terms hereof together entirety of Lessee’s equipment and antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit A and Exhibit A-1, attached hereto and made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred (600) square feet, with the right, appurtenant thereto to the exclusive use all of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of same being a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 property at ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇ ▇▇▇▇▇▇ Development Authority (▇▇▇▇, ▇▇▇▇▇▇▇▇, Virginia. Said address is further described on ▇▇▇▇▇▇▇▇▇ County Treasurer’s Office, Real Estate Tax Statement, as Map Number and Description ▇▇ ▇▇▇ ▇▇ ▇▇. The entirety of Lessor’s property is hereinafter designated as PDA”) for common use at the Tradeport. Sublessor presently leases a Property.” The portion of the LotProperty leased to the Lessee, such portion being known including any rights-of-way, is hereinafter designated as 200 International Drive“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 that certain Sublease dated April 5, 2001 by and between this Agreement. b. The Lessee shall have the PDA, as lessornon-exclusive right for access, and Sublessoringress and egress, as lessee seven (as currently in effect7) days a week, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendmenttwenty-four (24) hours a day, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a trueon foot, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that trueor motor vehicle, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 FacilitiesPremises. It is understood further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be permitted to enter such Premises. Notwithstanding the foregoing, Lessor grants to Lessee, the right of access to the Premises (and agreed that Sublessor shall seek to amend other necessary areas of the 200 Ground Lease to include land area in addition to that necessary Property), for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (its permitted uses subject to the terms and conditions hereofnoted in the prime lease, license or other similar agreement with a third party (where applicable), for a particular location or site, which prime lease, license, or other similar agreement with a third party, shall be in full force and effect, with same being attached to this Agreement as Exhibit C, when applicable. Sublessee agrees that Lessor also grants to Lessee the Premises Ground Lease Amendment may include such additional land so long easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as (i) detailed in Exhibit A. Additionally, the Ground Lease is not terminable as Lessor grants to Lessee any specific right of way for access, from the nearest public right-of way, Old Cryors Road, to the Lot should Sublessor fail Premises, as described Exhibit A. In the event any public utility is unable to construct improvements other than use the Building and Common Facilities on aforementioned rights-of-way or easement, the Lot and (ii) the inclusion of such Lessor hereby agrees to grant an 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 right-of-way, either to the Ground Lease until the Delivery Date. Subject Lessee or to the foregoingpublic utility, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject at no cost to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALessee.

Appears in 2 contracts

Sources: Tower Site Lease Agreement, Tower Site Lease Agreement

Premises. The Premises consists Landlord and Tenant acknowledge and agree that Tenant is currently in occupancy of the Building Original Premises. Landlord shall not be obligated to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto provide or pay for any improvement work or services related to the exclusive use improvement of the Common Facilities Original Premises, and Tenant shall continue to be constructed by accept the Sublessor Original Premises in accordance with its presently existing, “as-is” condition. Effective as of the terms hereof “Expansion Premises Commencement Date,” as that term is defined in Section 3.2, below, the “Premises,” as that term is defined in the Lease, shall contain approximately 182.238 rentable square feet of space in the Project in the aggregate, and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion (a) the Original Premises, and (b) approximately 27,120 rentable square feet of space located on the fifth (5th) floor of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) office building (the “Lot1230 Building), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises▇▇▇▇▇▇, in common with other Tradeport tenants and occupants and authorized users the right to 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 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 LeaseExpansion Premises”). Sublessor represents and warrants to Sublessee The Expansion Premises are further set forth on Exhibit A, attached hereto. It is specifically understood that a true, correct and complete copy the rentable square feet of the 200 Ground Lease is attached hereto as Exhibit C Expansion Premises and that truethe 1230 Building have been determined by Landlord’s architect and that, correct and complete copies for the purpose of any documents or plans referenced calculations which are based on the rentable square feet of the Expansion Premises and/or the 1230 Building, the number of rentable square feet slated in this Section 2 for the Exhibits or Schedules thereto have been delivered to SublesseeExpansion Premises and in Section 5 below for the 1230 Building shall control. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval Except as specifically set forth in Section 6 of this Lease Amendment, Tenant shall accept the Expansion Premises in its presently existing, “as is” condition and Landlord shall not be designated obligated to provide or pay for any improvement work or services related to the developer and lessee improvement of the land area designated as 160 International Drive (Expansion Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or such portion thereof as comprises warranty regarding the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion condition 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 “Expansion 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 or with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend suitability of the 200 Ground Lease to include land area in addition to that necessary Expansion Premises for the Lot or otherwise conduct of Tenant’s business. The last two (2) sentences of Section 12.1 of the Office Lease shall not apply to construct the Building and Common Facilities in order to allow Sublessor to construct Expansion Premises. Notwithstanding any contrary provision of the Lease, the term “Building” used in the future, additional buildings Office Lease 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease First Amendment shall be subject deemed to refer to the prior written approval 1240 Building with respect to the Original Premises and to the 1230 Building with respect to the Expansion Premises. In addition, with respect to the Original Premises, any reference in the Office Lease to the 1230 Building shall continue to mean the 1230 Building, but with respect to the Expansion Premises, any reference in the Office Lease to the 1230 Building shall instead mean the 1240 Building. The definition of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution Building set forth in Section 1.1 of the approved Premises Ground Office Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments only apply to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA1240 Building.

Appears in 1 contract

Sources: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)

Premises. The Premises consists "Premises" demised by this Lease are to consist initially of that certain building (the "Building") specified in the Basic Lease Information, which Building is to be constructed by located in that certain real estate development (the Sublessor "Project") specified in the Basic Lease Information. If at any time during the Term, Tenant is leasing, in accordance with the terms hereof together and conditions of this Lease, less than all of the Building, the "Premises" shall be deemed to include only that portion of the Building then leased by Tenant pursuant to this Lease. Tenant shall have the non-exclusive right (in common with the rightother tenants, appurtenant thereto Landlord and any other person granted use by Landlord) to use the Common Areas (as hereinafter defined), except that, with respect to parking, Tenant shall have only a license to use the number of non-exclusive and undesignated parking spaces set forth in the Basic Lease Information in the Project's parking areas (the "Parking Areas"); provided, however, Landlord shall use commercially reasonable efforts to enforce Tenant's right to use such parking spaces. No easement for light or air is incorporated in the Premises. For purposes of this Lease, the term "Common Areas" shall mean all areas and facilities outside the Premises and within the exterior boundary line of the Project that are from time to time provided and designated by Landlord for the non-exclusive use of Landlord, Tenant and other tenants of the Common Facilities to be constructed by Project and their respective employees, guests and invitees. Landlord shall cause the Sublessor construction of the Base Building Improvements in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion conditions of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Base Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan Construction Agreement attached hereto as Exhibit A. The parties agree that Additionally, Tenant shall cause the final location, configuration and area construction 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 certain tenant improvements in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 interior of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject Construction Agreement attached hereto as Exhibit B. Except as otherwise provided in the last sentence of this Paragraph, Landlord has the right, in its sole discretion, from time to time, to: (a) make changes to the prior written approval Common Areas, including, without limitation, changes in the location, size, shape and number of Sublesseedriveways, entrances, parking spaces (provided, however, Landlord shall not have the right, except as otherwise provided herein, to reduce the total number of parking spaces below the number allocated to Tenant in the Basic Lease Information) parking areas, ingress, egress, direction of driveways, entrances, corridors and walkways; (b) close temporarily any of the Common Areas for maintenance or construction purposes so long as reasonable access to the Premises remains available; (c) add additional buildings and improvements to the Common Areas or remove existing buildings or improvements therefrom; (d) use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof so long as reasonable access to the Premises remains available; and (e) do and perform any other acts or make any other changes in, to or with respect to the Common Areas and the Project as Landlord may, in its sole discretion, deem to be appropriate. Notwithstanding (a), and (c) above, Landlord shall make no material changes or add additional buildings or material improvements to any portion of the Common Areas described on the Site Plan, as defined in the Base Building Construction Agreement, without obtaining Tenant's consent, which consent shall not be unreasonably withheld, conditioned or delayed. Upon execution of ; provided, however, such consent shall not be required if any change or addition is required or requested by a governmental agency having jurisdiction over the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease Project or as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved required by the PDAlaw.

Appears in 1 contract

Sources: Lease Agreement (Corgentech Inc)

Premises. The Premises consists As an integral part of the Building shelter services provided by NORTHPORT to be ETM,. NORTHPORT shall furnish Five Thousand square feet (5,000sq. ft.) of fully constructed by industrial space, ready to accept all Goods and to commence the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use manufacture and assembly of the Common Facilities to be constructed by the Sublessor Finished Products, located at Gecamex, S.A. de C.V., Acuna, Coahuila, Mexico, and as set out in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown red on the conceptual site plan attached hereto as Exhibit A. acceptable to ETM (the Premises ) to accommodate ETM s Goods and the Finished Products and to be used to carry out the shelter services. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot Premises shall be subject used by NORTHPORT and/or SUBSIDIARY to approval perform the services contemplated by the Article 6 hereof, throughout the term of Sublessor this Agreement and Sublessee the performance of such services shall not be relocated to another facility, unless ETM agrees to such move in accordance with Article 3 writing. Throughout the term of this Agreement and Exhibit D hereof. The Lot is located within any renewals thereof, neither NORTHPORT nor SUBSIDIARY shall (i) permit any activity to be performed on the former ▇▇▇▇▇ Air Force Base as more particularly described Premises which would violate any applicable law, rule or regulation, or (ii) participate with, provide service to or otherwise assist any person or entity in the hereafter defined Ground Lease (design, production or sale of any product or service at the “Tradeport”)Premises which directly or indirectly competes with ETM or any Finished Product. Sublessee At all times during the term of this Agreement and any renewals thereof, NORTHPORT shall have as (ii) a right appurtenant to beneficial ownership interest in or (iii) a legally binding and enforceable lease agreement for the Premises, in common with other Tradeport tenants which shall permit the manufacture and occupants and authorized users the right to use the entrances, exits and roadways assembly of the Tradeport designated by Finished Products. NORTHPORT s failure to comply with the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion terms of the Lotlease agreement, if applicable, covering the Premises, shall be a material breach of this Agreement, if such portion being known as 200 International Driveresults in an adverse effect on the shelter services to be provided to ETM hereunder, pursuant to that certain Sublease dated April 5which adverse effect includes, 2001 by without limitation, an unreasonable delay or interference in the manufacture and between assembly of the 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”)Finished Products. Sublessor represents and warrants to Sublessee that NORTHPORT will furnish ETM a true, correct true and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval such lease agreement promptly following execution of this Lease Agreement. NORTHPORT shall be solely responsible for repairs, maintenance and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 replacements to the Ground Lease (Premises and the “Premises Ground Lease Amendment”) shall provide for the addition payment of that portion of the Lot not presently leased to Sublessor under the Ground Lease taxes and all other costs related 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.

Appears in 1 contract

Sources: Shelter Services Agreement (Northport Industries Inc)

Premises. The Premises consists of the Building Sublandlord hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to Subtenant the Premises, in common with other Tradeport tenants and occupants and authorized users Subtenant hereby subleases the right to 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 DrivePremises from Sublandlord, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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)of this Sublease. Sublessee Subtenant shall accept the Premises in the condition and state of repair on the Commencement Date (defined in Section 3 below) in its “AS IS” and “WHERE IS” condition. This shall not be deemed to waive Master Landlord’s repair obligations set forth in Section 13 of the Master Lease. Except as otherwise provided in this Sublease, Subtenant expressly acknowledges and agrees that Sublandlord has made no representations or warranties with respect to the Premises and that Sublandlord shall not have any obligation to perform any work to prepare the Premises for Subtenant’s use and occupancy. By taking possession of the Premises, Subtenant is deemed to have accepted the Premises and agreed that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable in good order and satisfactory condition, with no representation or warranty by Sublandlord 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 condition of the Premises or the suitability thereof for Subtenant’s use except as otherwise expressly provided in accordance with this Sublease. The “Rentable Area of the terms hereofPremises” is approximately 56,489 rentable square feet. Sublessor agrees Sublandlord and Subtenant hereby acknowledge and agree that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions Suite 100 is no longer part of the Premises Ground Lease Amendment pursuant to Section 40 of the Master Lease. Further, Sublandlord and Subtenant hereby acknowledge and agree that the Rentable Area of the Premises shall not be subject to remeasurement or adjustment, nor shall Base Sublease Rent under this Sublease be subject to modification if the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution actual size of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect differs from the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration Rentable Area of the Lot as approved by the PDAPremises set forth in this Section.

Appears in 1 contract

Sources: Sublease Agreement (Advanced BioHealing Inc)

Premises. The Premises consists Effective as of the Building Substitution Space Commencement Date, the Lease is hereby modified and amended to be constructed by substitute for the Sublessor in accordance with the terms hereof together with the rightExpanded Premises, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres22,002 rentable square feet, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building Suite 1200 and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area twelfth floor 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA▇▇▇▇▇, as lessor, and Sublessor, as lessee shown on Exhibit A attached hereto (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseSubstitution Space”). Sublessor represents and warrants As used herein, the term “Substitution Space Commencement Date” shall mean the earlier of (a) the date on which the Landlord Work (defined below) is Substantially Complete, as determined pursuant to Sublessee that a truethe Work Letter (defined below), correct and complete copy or (b) the date Tenant takes possession of any part of the 200 Ground Substitution Space for purposes of conducting business. If Landlord is delayed in delivering possession of the Substitution Space due to any reason, including without limitation the holdover or unlawful possession of such space by any third party, such delay shall not be a default by Landlord, render the Lease void or voidable, or otherwise render Landlord liable for damages. Notwithstanding the foregoing, if the construction contract to be executed by Landlord pursuant to the Work Letter is attached hereto as Exhibit C executed prior to March 24, 2004 and that trueLandlord has not delivered the Substitution Space on or before October 1, correct and complete copies of any documents or plans referenced 2004, subject to Tenant Delay (defined in the Exhibits or Schedules thereto Work Letter) and Force Majeure (as defined in Paragraph 19(b) of the Lease), then Tenant shall have been the right, as its sole remedy, to terminate the Lease upon written notice to Landlord given at any time after October 1, 2004 and prior to delivery of the Substitution Space. In the event the Landlord Work is not Substantially Complete by July 31, 2004, Landlord agrees that Tenant may remain in the Expanded Premises but shall not be charged holdover rent for the Expanded Premises from August 1, 2004 through the date of Substantial Completion of the Landlord Work. Landlord also agrees to use good faith efforts to provide Tenant up to 4,000 square feet of temporary space in the Office Building for Tenant’s use during the period between July 31, 2004 and the date of Substantial Completion of the Landlord Work. Such temporary space, if available, will be delivered to SublesseeTenant within 15 days after notice from Tenant requesting such space. All terms and conditions of the Lease, as modified by this Ninth Modification, shall apply to Tenant’s occupancy of the temporary space, except that Tenant shall not be required to pay Basic Rental or Additional Rental for such temporary space. However, Tenant shall be required to pay for the electrical service provided to such temporary space pursuant to Paragraph 7(b) of the Lease. From and after the date hereofSubstitution Space Commencement Date, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 term 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises” wherever used in the future, additional buildings and improvements (Lease shall mean the Substitution Space. Tenant hereby acknowledges that the Substitution Space is leased by Tenant 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, all terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeLease, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend as amended by this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDANinth Modification.

Appears in 1 contract

Sources: Office Lease (Westwood Holdings Group Inc)

Premises. The Premises consists Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, those certain premises situated in the County of Santa ▇▇▇▇▇, State of California, consisting of a newly constructed two story commercial building (the "Building") and the paved parking area surrounding the Building (the "Parking Area") consisting of not less than three and nine-tenths (3.9) parking spaces per one thousand (1,000) square feet of Premises Gross Leasable Area (the "Minimum Parking") to be constructed by the Sublessor Landlord in accordance with the terms hereof together with of this Lease and the rightImprovement Agreement attached to this Lease as Exhibit H (the "Improvement Agreement"). The Building and the Parking Lot are to be constructed on the real property located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Avenue, appurtenant thereto to Mountain View, California (the exclusive use "Real Property"). A legal description of the Common Facilities Real Property is set forth in Exhibit A attached hereto. As used in this Lease, the term "Premises" shall include the Building (which shall consist of approximately thirty-six thousand (36,000+) square feet of Premises Gross Leasable Area, as hereinafter defined, making up the entirety of the Building) and the Tenant Improvements to be constructed by the Sublessor Landlord in accordance with the terms hereof this Lease. The general construction configuration and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion description of the land currently leased by Sublessor pursuant to basic Building shell (the 200 Ground Lease (defined below"Shell") is set forth in the Final Building Shell Plans described in the Improvement Agreement. The location and a portion general configuration of the land area designated as 160 International Drive (or such portion thereof as Premises is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. C. The parties agree that actual square footage of leasable space within the final locationBuilding (the "Premises Gross Leasable Area") shall be determined immediately prior to the Commencement Date, configuration and area as hereinafter defined, by the architect hired in connection with the construction of the BuildingBuilding using the AIA Document 101 method of Calculating Areas of Buildings. Notwithstanding the above, Common Facilities the Landlord reserves the right to install, maintain, use, and Lot shall be subject replace ducts, wires, conduits, and pipes in and through the Premises in locations which will not materially interfere with Tenant's use of the Premises. Notwithstanding anything to approval the contrary in this Lease, during the Term of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee this Lease, Tenant shall have as a the exclusive right appurtenant to use (i) the PremisesParking Area and the balance of the Real Property, in common with other Tradeport tenants and occupants (ii) the roof of the Building for the purpose of installing and authorized users maintaining equipment on the roof for Tenant's own use only. Landlord and its agents, contractors, and employees shall, however, have access to and the right of entry onto the Real Property and the roof for the purpose of the maintenance thereof and for the purpose of maintaining the Landlord's equipment thereon. Landlord shall not have the right to use the entrancesroof, exits and roadways of the Tradeport designated by Parking Area or the ▇▇▇▇▇ Development Authority (“PDA”) Real Property for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorits own purposes, and Sublessorneither Tenant nor Landlord shall have the right to lease, as lessee (as currently in effectlicense or otherwise permit the use of, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendmentroof, the “Ground Lease”Parking Area or the Real Property to or by any other person or entity (other than Tenant's permitted subtenants or assigns hereunder). Sublessor represents Said letting and warrants to Sublessee that a true, correct hiring is upon and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 terms, covenants and conditions hereof)hereinafter set forth, and Tenant covenants, as a material part of the consideration for this Lease, to perform and observe each and all of said terms, covenants and conditions. Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground This Lease is not terminable as to made upon the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion conditions of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms performance and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAobservance.

Appears in 1 contract

Sources: Lease Agreement (Ilog Sa)

Premises. The Premises consists of the Building Sublessor hereby subleases to be constructed by the Sublessor in accordance with the terms hereof together with the rightSublessee, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresSublessee hereby -------- subleases from Sublessor, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)Premises, the present, planned location and configuration of which are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area second floor of the Building, Common Facilities and Lot shall be subject to approval consisting of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofapproximately twelve thousand (12,000) rentable square feet ("Subleased Premises"). The Lot parties acknowledge that the Subleased Premises does not include Sublessor's QA lab, which consists of approximately 720 rentable square feet and is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant adjacent to the Subleased Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 “Subleased Premises Ground Lease Amendment”) shall provide for the addition consists of that portion of the Lot not presently leased to Sublessor under the Ground Lease Premises that is being relinquished by Nextel pursuant to the premises currently leased thereunder on the same terms First Amendment to Sublease. Because Nextel and conditions except for ground rent and construction obligations of Sublessor to the PDA Sublessee have not yet agreed with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable specificity as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion exact amount of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not rentable space to be unreasonably withheldrelinquished by Nextel, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendmentand, in turn, taken by Sublessee, Sublessor and Sublessee agree that an Addendum to Sublease, in the form attached hereto, shall amend be entered into when Nextel and Sublessee have so agreed. Until the Addendum is executed by Sublessor and Sublessee, Sublessee shall continue making all rental and other payments due hereunder on the basis of 12,000 square feet of rentable space. In the event that Subleased Premises are agreed to be less than 12,000 square feet of rentable space, Sublessee shall not be entitled to any refund or reimbursement from Sublessor for any sums paid or owing by Sublessee pursuant to this Lease as necessary to reflect Sublease on the existence thereof and to include such other amendments basis of the square footage of the Subleased Premises, including Monthly Base Rent or Additional Rent, for any period prior to the Exhibits hereto as is reasonably necessary to reflect the configuration effective date of the Lot Addendum to Sublease. In all events, and irrespective of what Nextel and Sublessee agree, the total rentable square footage of the Subleased Premises and Nextel's premises under the Nextel Sublease (as approved amended) shall equal 23,472 rentable square feet, and Sublessor shall not be bound by any agreement between Sublessee and Nextel to the PDAcontrary.

Appears in 1 contract

Sources: Sublease (Information Management Associates Inc)

Premises. The Premises consists Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises ("Premises") to be located within that certain building ("Building") commonly known as Building 5 of the Building to be constructed Business Center, and located on the real property ("Property") legally described in Exhibit A attached hereto and by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresthis reference incorporated herein, which land area shall consist of Property is a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion "Project" identified in Section 1.01. The location of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct Property, the Building built on the Property and Common Facilities) (the “Lot”), location of the present, planned location and configuration of which Premises are more particularly shown on the conceptual site plan Property Site Plan and Floor Plan attached as Exhibit A and Exhibit B hereto, respectively. The term "Rentable Area of the Premises" as used in this Lease will be defined as the total floor area constituting the Premises as measured from the unfinished outside of the exterior Building walls to the unfinished outside of like exterior Building walls. "Rentable Area of the Premises" shall also include any mezzanine space as measured from the outside of the exterior Building walls to the like outside exterior Building walls and from the outside exterior Building walls to the termination of the mezzanine deck. The Property Site Plan for the Project attached hereto as Exhibit A. The parties agree that A is attached for location reference purposes only and shall not constitute a representation by Landlord to be the final location, configuration and area plan of the BuildingProject or to require Landlord to build any improvements or to otherwise comply with the master plan. Tenant acknowledges that, Common Facilities and Lot shall be subject to approval except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Sublessor and Sublessee in accordance Landlord has made any representation or warranty with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant respect to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessor, and Sublessor, as lessee (as currently in effectBuilding, the “200 Ground Lease” and as hereafter amended by Common Areas or the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents Project or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 their suitability for the addition conduct 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATenant's business.

Appears in 1 contract

Sources: Lease (Eden Bioscience Corp)

Premises. The Premises consists Sublandlord leases to Subtenant, and Subtenant leases and -------- rents from Sublandlord, 16,650 square feet of the Building to be constructed by the Sublessor warehouse space in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease on Exhibit A which is attached hereto and incorporated herein by this reference, together with all easements and rights appurtenant thereto, all of Sublandlord's right, title and interest in and to all public and private ways adjoining the same, and all buildings as Exhibit C well as all equipment, fixtures and other improvements located thereon (all of which are hereinafter referred to collectively as the "Premises"). (a) the Premises is being subleased by Sublandlord to Subtenant, and has been accepted by Subtenant, in its present, "AS IS" condition, without any representation or warranty, whether express or implied, as to the condition thereof or as to the fitness thereof for Subtenant's use; it being hereby stipulated by Subtenant that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive it has made (or had the opportunity to make) any and all such portion thereof inspections, examinations, analyses, tours and walk-throughs as comprises it has deemed necessary or appropriate in determining to sublease the Lot Premises and is otherwise necessary to construct the Building accept delivery of same; and Common Facilities(b) (ii) to amend the 200 Ground Lease to include that portion SublandIord does not have, has not assumed, and does not hereby assume any obligations, liabilities or responsibilities of the Lot not presently leased to Sublessor Landlord under the 200 Ground Lease, (iii) ; it being hereby stipulated by Subtenant that it shall look solely to cause Landlord for 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 performance 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 obligations and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilitiesresponsibilities. It is understood further hereby acknowledged and agreed confirmed by Sublandlord and Subtenant that Sublessor shall seek to amend the 200 Ground Lease to include land area this Sublease is subject, in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureall respects, 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 Lease, a copy of which has been provided to Subtenant. Subtenant hereby confirms that a copy of the terms hereof. Sublessor Lease has been provided to it, and hereby agrees that it shall not commence construction or development to keep, observe and perform any and all of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall which are to be subject kept, observed and performed by the "Tenant" thereunder which pertain to the prior written approval use, occupancy and/or condition of Sublessee, the Premises. Subtenant hereby covenants and agrees not to be unreasonably withheldperform any act, conditioned omit to perform any act, or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved do anything which constitutes a default by the PDA"Tenant" under the Lease, or which would, with the giving of any applicable notice and the expiration of any applicable cure period, or both, constitute a default by the "Tenant" thereunder.

Appears in 1 contract

Sources: Sublease Agreement (Liuski International Inc /De)

Premises. The Premises consists of Based upon the Building Plans for the Tenant Improvements to be constructed performed by the Sublessor Landlord in accordance with the terms hereof together with Suite 310 Expansion Premises, Landlord shall use reasonable efforts to substantially complete the rightwork as set forth in Exhibit A-1 (“Landlord’s Work”) by the targeted date of August 1, appurtenant thereto 2025. Subject to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist occurrence of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Force Majeure Event(s), and Tenant Delay(s), if Substantial Completion (as defined below) does not occur by September 1, 2025, Tenant shall receive a credit equal to one (1) day’s free Basic Rent for Suite 310 only for each day from and a portion after September 1, 2025 until the actual Suite 310 Expansion Premises Commencement Date. For purposes of clarity, this base rent credit provision shall not apply to the Premises as defined prior to the Suite 310 Expansion Premises Commencement Date, and Tenant shall continue to pay rent on all other portions of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct Premises regardless of Landlord’s Work. Landlord’s Work shall be deemed substantially complete on the Building and Common Facilities) date (the “LotSubstantial Completion)) the Landlord notifies Tenant that, with the exception of punch list items, the presentLandlord has completed the Landlord’s Work. Notwithstanding the foregoing, planned location and configuration of which are shown on if any delay in the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area Substantial Completion of the BuildingLandlord’s Work by Landlord is due to Tenant Delays, Common Facilities and Lot then the Substantial Completion Date shall be subject deemed to approval be the date Landlord’s Work would have been substantially completed, if not for same, as reasonably determined by Landlord. “Tenant Delays” shall mean actual delays caused by: (a) requirements of Sublessor and Sublessee the Plans requested by Tenant that do not conform to Landlord’s Building Standards for office build-out; (b) any change in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former Plans requested by ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease ▇▇; (the “Tradeport”). Sublessee shall have as a right appurtenant c) failure to approve changes or modifications to the Premises, in common with other Tradeport tenants and occupants and authorized users Plans within the right to use the entrances, exits and roadways of the Tradeport designated time limits provided herein; (d) any request by the ▇▇▇▇▇ Development Authority (“PDA”) Tenant for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 commencement or completion of Landlord’s Work for any reason other than due to Force Majeure Event once such work has commenced; (e) Tenant’s failure to respond to any Landlord request or that of its construction staff within three (3) Business Days; or (f) any other act or omission of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction Tenant or development of any additional buildings its employees, agents or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcontractors.

Appears in 1 contract

Sources: Commercial Lease (Ardelyx, Inc.)

Premises. The Premises consists In consideration of the Building obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 35,353 rentable square feet (the "Premises") encompassing the third and fourths floor of a building consisting of approximately 118,825 rentable square feet to be constructed by Landlord consisting of four floors in Perimeter Park West (the Sublessor "Building") situated on certain land (the "Land") in accordance with Morrisville, the terms hereof County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with the rightall rights, appurtenant thereto privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Premises. The Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject connected to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former 4025 Paramount Parkway, Morrisville, NC, a building owned by Landlord an▇ ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇▇▇ Development Authority ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ currently occupied by Tenant, by a covered walkway (“PDA”the "Walkway") for common use at the Tradeport. Sublessor presently leases over which shall be located a portion of the LotPremises, such portion being known all of which shall be in accordance with the Plans (as 200 International Drive, hereinafter defined). Tenant has leased approximately 100,987 rentable square feet at 4025 Paramount Parkway pursuant to that certain Sublease dated April 5Lease Agreement with Lan▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇, 2001 by and between ▇▇97 (the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground "Prior Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”"). Sublessor represents and warrants to Sublessee that a true, correct and complete copy A floor plan of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) the Premises shall be attached hereto and made a part hereof as Exhibit B. The measurement of the Premises shall be conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to amend the 200 Ground Lease Building. Any upfit performed by Landlord to include prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner, and Landlord shall warrant the construction of the improvements for a period of one year from the Commencement Date. The taking of possession by Tenant shall be deemed conclusively to establish that each portion of the Lot not presently leased to Sublessor under Premises and any improvements thereto are in good and satisfactory condition as of 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 date Tenant commenced occupancy of that portion of the Lot not presently leased to Sublessor under Premises, except for latent defects and punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the Ground Lease responsibility of Landlord within thirty (30) days of the Commencement Date. Tenant further acknowledges that no representations as to the premises currently leased thereunder on repair of the same terms Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such representations or promises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and conditions except for ground rent deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All upfit of the Premises shall be performed by Landlord in accordance with the final plans 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 specifications for the Lot or otherwise to construct Premises (the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements ("Plans") which are subject to the terms approval of Landlord and conditions hereof). Sublessee agrees that Tenant, a copy of which are attached hereto and made a part hereof as Exhibit C. Landlord shall conduct 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 upfit of the Premises in accordance with the terms hereofPlans which have been mutually and reasonably approved by Landlord and Tenant. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions Construction of the Premises Ground Lease Amendment shall proceed in accordance with the Shell Building Design Schedule which shall be subject attached hereto and made a part hereof as Exhibit C-1. Landlord shall provide an upfit allowance for such purposes in an amount up to $20.00 per rentable square foot of the Premises below the finished ceiling (the "Upfit Allowance"). The components of the base building, including, the finished ceiling shall be as set forth on Exhibit C-2, attached hereto and made a part hereof. Tenant shall review the Plans to provide its input with respect to all aspects of the Plans, including, but not limited to, the specific needs of Tenant with respect to HVAC, and Landlord shall act reasonably to accommodate the specific needs of Tenant with respect to the HVAC and electrical systems in the Building. Any amounts incurred in the upfit of the Premises in excess of the Upfit Allowance (the "Excess") due to modifications requested by Tenant to the Plans after their mutual approval by Landlord and Tenant shall be borne by Tenant and paid by Tenant to Landlord within thirty days of demand made by Landlord. Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder, and in addition, to all other remedies available to Landlord at law, or in equity for such event of default, Landlord may recover from Tenant the cost it incurs in preparing the Premises for another tenant. Landlord shall act reasonably to allow Tenant reasonable access to the Premises at least fifteen days prior written approval to the Commencement Date to install its furniture, and telephone and computer systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of Sublessee, not to be unreasonably withheld, conditioned or delayedthe Premises for occupancy by Tenant. Upon execution of the approved Premises Ground Lease Amendmententry by Tenant onto the Premises, Sublessor and Sublessee shall amend this Lease as necessary shall be deemed to reflect the existence thereof and to include such other amendments apply with respect to the Exhibits hereto requirements that Tenant carry the insurance policies required under this Lease, and that Tenant shall indemnify, defend and hold harmless Landlord in accordance with the provisions of this Lease, as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAprovided in Sections 10 and 11 hereof.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Premises. Landlord hereby leases to Tenant for the term and upon the covenants hereinafter set forth, (a) a parcel of property in the City of COLUMBUS, County of DELAWARE, and the State of OHIO, containing FOUR AND THREE HUNDRED FIFTY EIGHT THOUSANDS (4.358) acres of land (the "Premises") located adjacent to the shopping center designated as POLARIS FASHION PLACE, or by such other name as Landlord may, from time to time hereafter designate (the "Shopping Center") and (b) the right and easement to use in common with others entrances, roadways, service drives, parking lots and other access areas located in or serving the Shopping Center and/or located in or serving the outparcels adjacent thereto which are owned by Landlord, as more fully set forth in Article V hereof. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto and made a part hereof as Exhibit A. The parties agree that the final location"A", 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 (legal description attached hereto and made a part hereof as Exhibit "B". In the “Tradeport”). Sublessee shall have as a right appurtenant to event of any inconsistency between the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways site plan of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C "A" and that truethe legal description attached hereto as Exhibit "B", correct and complete copies the legal description on Exhibit "B" shall be the authoritative description. Notwithstanding the foregoing, however, Landlord agrees not to modify the Access Easement Area (as defined in Section 5.02 hereof), without the prior written consent of any documents Tenant, which consent Tenant agrees not to unreasonably withhold or plans referenced in delay. Landlord further agrees to use commercially reasonable efforts not to materially interfere with access to, or visibility of, the Exhibits or Schedules thereto have been delivered to Sublessee. From and after Premises from the date hereof, Sublessor shall use its best efforts to (i) seek approval Shopping Center during the term of this Lease and be designated as it develops the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 1.617 acre parcel adjacent to the Ground Lease Premises shown on Exhibit A, page 2 hereof (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 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 hereofhereinafter known as "Parcel C"). 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 1 contract

Sources: Ground Lease Agreement (Retail Ventures Inc)

Premises. The Premises consists of the Building (a) Landlord leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)Tenant leases from Landlord, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (Term subject to the terms and conditions hereof)of this Lease. Sublessee agrees that Tenant accepts the Premises Ground Lease Amendment may include such additional land so long as in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition, subject to Section 6 of Exhibit C and except that Landlord shall complete: (i) the Ground Lease is not terminable as Landlord’s Work pursuant to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot this Section 2; and (ii) the inclusion Leasehold Improvements pursuant to Exhibit C attached hereto and further, Landlord shall perform all of such additional land area will its obligations under this Lease. (b) At Landlord’s sole cost and expense (and not result applied to the Improvement Allowance (as defined in any delay Exhibit C)), Landlord shall complete the work necessary to deliver the completed construction shown and/or described in the permitting plans and specifications in: (I) the Base Building Construction Documents (as defined in Exhibit C); and (II) Exhibit F attached hereto, and not otherwise designated as Tenant’s work or construction as part of the Improvement Allowance, subject to modifications as Landlord may require in its commercially reasonable judgment, but subject to the limitations for changes described in (i) and (ii) below in this paragraph (“Landlord’s Work”). A reasonable approximation of the Project to be constructed is shown on the preliminary renderings attached hereto as Exhibit J. Notwithstanding anything to the contrary in this Lease, all of the plans and specifications in the Base Building Construction Documents or attached hereto as Exhibit F are subject to modifications without Tenant’s consent to the extent either: (i) required by the City of Austin or to comply with Laws, or otherwise necessary to obtain a certificate of occupancy; or (ii) each such modification does not unreasonably interfere with Tenant’s use or enjoyment of the Premises in accordance with any material manner or negatively impact the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions overall aesthetics of the Premises Ground Lease Amendment Building in a material manner or cause the cost of Leasehold Improvements to increase unless Landlord shall be subject increase the Improvement Allowance to the pay for such additional cost; all other modifications to Exhibit F require Tenant’s prior written approval of Sublesseeconsent, not to be unreasonably withheld, conditioned conditioned, or delayed. (c) Landlord agrees to diligently pursue Substantial Completion of Landlord’s Work (as such phrase is defined below) substantially in accordance with the Base Building Construction Documents (as defined in Exhibit C). Upon execution Landlord shall use commercially reasonable efforts to commence and diligently prosecute to completion Landlord’s Work. Landlord obtained a full and final site development permit for Landlord’s Work on September 20, 2017. “Substantial Completion of Landlord’s Work” means the approved Premises Ground Lease Amendmentsubstantial completion of Landlord’s Work, Sublessor as evidenced by a (i) Certificate of Substantial Completion on AIA Document G704-2000 issued by Landlord’s Architect, and Sublessee shall amend this Lease as necessary to reflect (ii) the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration receipt by Landlord of the Lot as approved a temporary or permanent Certificate of Occupancy issued by the PDACity of Austin for the Building and Parking Garage.

Appears in 1 contract

Sources: Lease (Sailpoint Technologies Holdings, Inc.)

Premises. The Landlord hereby leases and demises the Premises consists of to Tenant and Tenant hereby leases the Building Premises from Landlord, and subject to be constructed by the Sublessor in accordance and with the terms hereof together with benefit of (i) the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the PremisesMill Revitalization and Development Plan, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated prepared by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at Group, Inc. dated September, 1999 and approved by the Tradeport. Sublessor presently leases a portion City of the LotFall River on September 7, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA1999, as lessoramended; (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 Sublessor, as lessee encumbrances of record; (as currently in effect, iv) all laws including without limitation the “200 Ground Lease” Fall River Ordinance Division 7 Research and as hereafter amended by Development Overlay District Regulations Sections 86-385 through 86-389 and all amendments thereto; and (v) Landlord’s rules and regulations for the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents Building and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Lot attached hereto as Exhibit C 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 truemay hereafter be imposed upon the South Coast Research & Technology Park (the “Park”) (collectively all of the foregoing in this clause (v), correct the “Rules and complete copies Regulations” and collectively all of any the documents or plans referenced and agreements described in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to clauses (i) seek approval through (v) of this Lease Section 2.1, the “Use Documents”); provided that a subsequently adopted Rule and Regulation shall not be designated binding on Tenant to the developer and lessee 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 land area designated as 160 International Drive 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 (or such portion thereof as comprises except to the Lot 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 otherwise necessary located at the end of one of the hallways of the Premises and which opens to construct an emergency exit stair well that connects to the first floor of the Building and Common Facilities) (ii) the “Emergency Exit Stairwell”). Tenant agrees that, subject to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground ▇▇▇▇▇▇▇▇’s access rights described elsewhere in this Lease, (iii) to cause Tenant shall keep the PDA to enter into 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-disturbance agreement with Sublessor emergency means of access and Sublessee in substantially egress to or from 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 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 the Ground Lease until the Delivery DatePremises. Subject to the foregoing, Landlord’s rights set forth in the forms, terms and conditions last sentence of the Premises Ground Lease Amendment shall be next paragraph and in Section 14.4, and subject to the prior written approval of SublesseeUse Documents, not Tenant shall have the right to be unreasonably withhelduse, conditioned or delayed. Upon execution in common with other tenants of the approved Building and Landlord and as appurtenant to Tenant’s use of the Premises, the Building lobbies and entrances, elevators, exterior walkways, driveway, roadways, sidewalks and the parking areas of the Building and Lot for access and egress to and from the Premises Ground Lease Amendmentand the common bathrooms in the Building. Landlord shall have the right to place in the Premises (but in such manner as to reduce to a minimum interference with ▇▇▇▇▇▇’s use of the Premises), Sublessor sun control devices, utility lines, equipment, stacks, ducts, pipes, conduits and Sublessee the like. Should Tenant install any hung ceilings or walls in the Premises pursuant hereto, Tenant shall amend this Lease install and maintain, as necessary Landlord may require, proper access panels therein to reflect afford access to any facilities above the existence thereof 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 include such other amendments otherwise regulate the use thereof provided and only to the Exhibits hereto as is reasonably necessary extent any such additions, modifications, restrictions, regulations and other changes do not unreasonably interfere with Tenant’s use of or access to reflect the configuration Premises or reduce (by more than a de minimis amount) the quantity of the Lot as approved by the PDAparking available to Tenant.

Appears in 1 contract

Sources: Lease (Avant Immunotherapeutics Inc)

Premises. The 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, commence to perform the work and improvements described in Exhibit B to this First Amendment using building standard materials and work ("Landlord's Work"), which work shall be performed in the time and manner hereinafter set forth. To the extent necessary for the prompt and efficient completion of Landlord's Work, Tenant hereby grants Landlord the right of access to, upon, over and through the Original Premises consists 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 Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto days and times Landlord shall require access to the exclusive use Original Premises for the purposes stated herein. Tenant here by acknowledges that work of the Common Facilities 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 be constructed by access the Sublessor in accordance with the terms hereof Original Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 perform Landlord's Work under this Para▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇▇▇▇ Development Authority (“PDA”) for common ▇▇▇ll use at the Tradeport. Sublessor presently leases a portion good faith efforts to avoid unreasonable interference with Tenant's use of the LotOriginal Premises. Landlord shall provide Tenant with advance notice of the shut down, such portion being known 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 200 International Driveis, pursuant where is" condition with all faults and without representation or warranty by Landlord of any kind. Prior to that certain Sublease dated April 5Tenant taking occupancy of the Premises, 2001 Tenant shall provide Landlord with a punch-list detailing (a) those aspects of Landlord's Work which are not then completed and (b) any defects in workmanship or materials with respect to Landlord's Work. The Landlord's Work shall be deemed approved by and between Tenant when Tenant commences occupancy of the PDA1st Amendment Space for the Permitted Use, as lessor, and Sublessor, as lessee (as currently except for items which are then not completed or do not conform to specifications described in effect, the “200 Ground Lease” Exhibit B to this First Amendment and as hereafter amended by to which Tenant shall have given Landlord written notice prior to the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease date which is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and 30 days after the date hereof, Sublessor Tenant shall use its best efforts to (i) seek approval of this Lease and be designated occupy the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 1st Amendment Space 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPermitted Uses.

Appears in 1 contract

Sources: Lease Agreement (Implant Science Corp)

Premises. The (a) Tenant has requested and Landlord has agreed to an expansion of the Premises consists (collectively, the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building to be constructed known as Suite 200, and (ii) approximately 2,863 rentable square feet known as Suite 30 in the building known as the Receiving Room. A floor plan of the Expansion Space is attached hereto and made a part hereof as Exhibit A. (b) The term of the Lease for the Expansion Space shall commence upon the date that the Expansion Space is substantially complete (as evidenced by a certificate of occupancy issued by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use City of the Common Facilities to be constructed Durham and certification of substantial completion by the Sublessor in accordance with Architect), which it is estimated shall occur on September 1, 2015 (the terms hereof "Expansion Commencement Date"), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term "Premises" under the Lease shall include the Expansion Premises, and the land area appurtenant thereto comprising approximately five (5) acresterm "Building" shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, which land area upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall consist of advise Tenant if a portion of the land currently leased Expansion Space (the "Early Portion") may be occupied by Sublessor pursuant Tenant before the entirety of the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the 200 Ground Lease Early Portion. Early occupancy of the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined belowherein) and a for such occupancy, Tenant shall pay an equitable portion of the land area designated as 160 International Drive Base Rent based upon the then current rate for the Premises, and any other charges for the Early Portion (or such portion thereof as is necessary to construct including increased charges for Operating Expenses based upon the Building and Common Facilities) (the “Lot”increased Tenant's Proportionate Share), the present, planned location with Landlord and configuration of which are shown Tenant negotiating reasonably and in good faith to determine such charges based on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area square footage of the BuildingEarly 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, Common Facilities and Lot Tenant shall be subject to approval 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 Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former D▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee A Warehouse Building shall have as a right appurtenant to the Premisesbe 32.32431 percent, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways Tenant’s Proportionate Share of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion Receiving Room / Prizery Building shall be 8.41119 percent, and Tenant’s Proportionate Share of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment Project shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA22.82741 percent.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Premises. The Premises consists of Landlord leases to Tenant and Tenant leases from Landlord the Building Premises. Landlord also grants to be constructed by Tenant the Sublessor in accordance with non-exclusive right to use the terms hereof together with the rightdesignated parking areas, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right common service drives appurtenant to the Premises. Except to the extent modified herein and subject to the completion of the work described on Exhibit “B” attached hereto, and except for the presence of 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 Landlord makes no warranty of any kind, express or implied, with respect to the Premises (without limitation, Landlord makes no warranty as to the habitability, fitness or suitability of the Premises for a particular purpose nor as to the absence of any toxic or otherwise hazardous substances except as expressly set forth in this Lease). This Paragraph 1 is subject to any contrary requirements under applicable law; however, in common with other Tradeport tenants this regard Tenant acknowledges that it has been given the opportunity to inspect the Project and occupants and authorized users to have qualified experts inspect the right Project prior to use the entrancesexecution of this Lease. Notwithstanding anything in this Lease to the contrary, exits and roadways as of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the LotPremises Delivery Date, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor Landlord represents and warrants to Sublessee Tenant that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (iia) to amend Landlord’s knowledge, there are no Hazardous Substances existing on, in, under or about the 200 Ground Lease to include that portion of Premises, Building, or the Lot not presently leased to Sublessor under the 200 Ground LeaseProject, and (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 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 (ib) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements Premises, Building, Project, and Landlord’s Work shall be in compliance with all applicable federal, state and local laws, statutes, codes, rules, regulations, orders, permits and other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingrestrictions applicable thereto, including without limitation, the formsAmericans with Disabilities Act of 1990, terms as amended, and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of SublesseeTexas Accessibility Standards, not to be unreasonably withheldas amended, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAall Environmental Laws.

Appears in 1 contract

Sources: Industrial Lease (Hyliion Holdings Corp.)

Premises. The Premises consists of the Building Landlord leases to be constructed by the Sublessor in accordance with the terms hereof together with the rightTenant, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTenant leases from Landlord, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated Suite 450 as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site location plan attached hereto as Exhibit A. The A, which the parties stipulate and agree that consists of approximately 25,001 rentable square feet (the final location“Premises”), configuration and area located on the fourth (4th) floor of the building (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 at ▇▇▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, Texas 78746, said land also being described as ▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇, of the LotWallingwood Section II, such portion being known as 200 International Drive▇▇▇▇▇▇, pursuant to that certain Sublease dated April 5▇▇▇▇▇▇ County, 2001 by and between the PDA, as lessor, and Sublessor, as lessee Texas (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseLand”). Sublessor Landlord represents and warrants to Sublessee that a true, correct the Building and complete copy its associated parking garage are the only buildings on the Land. The actual square footage of the 200 Ground Lease is attached hereto Premises shall be confirmed upon the completion of the Work (as defined in Exhibit C D to this Lease) by the Architect (as defined in Exhibit D to this Lease) in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and that truemethodology, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been such measurement calculation shall be delivered to SublesseeLandlord for its review and approval prior to the Commencement Date. From If the approved calculation of the Premises is not 25,001 rentable square feet, then the parties shall enter into an amendment to this Lease memorializing the actual rentable square footage, and after the date hereof, Sublessor shall use its best efforts to (i) seek approval all terms of this Lease that are based on square footage shall be adjusted accordingly. The “Project” shall mean the Building, the Land, and be designated all other improvements located on the developer Land. Subject to Landlord’s maintenance and lessee repair obligations set forth in this Lease, Tenant accepts the Premises in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition as of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion date 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 amendmentpossession to Tenant, all as soon as reasonably practicable. The terms without any warranty or representation, express or implied, by or on behalf 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 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 Landlord 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 condition or usability thereof. Except as otherwise set out in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it this Lease, Landlord shall not commence construction be obligated to make, pay for, or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant contribute to the Ground Lease until payment for any demolition, alteration, addition, repair, replacement or improvement in or to the Delivery DatePremises. Subject In addition, Landlord shall have no obligation to provide Tenant with any leasehold improvement allowance or other allowance except as may be provided in Exhibit D to this Lease. Notwithstanding the foregoing, the forms, terms and conditions Landlord shall ensure that all of the Premises Ground Lease Amendment shall be subject now existing equipment necessary to provide the prior written approval utilities referenced in Section 5 of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect are in good operating condition on the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDACommencement Date.

Appears in 1 contract

Sources: Lease Agreement (Whiteglove Health Inc)

Premises. The Premises consists of Section 2.01. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) premises (the “LotLeased Premises) as described in Article I.4., hereinabove, which, for all purposes, shall be deemed to consist of that number of square feet stated in Article I.4., above (subject to Tenant’s architect confirming same as hereinafter provided). Landlord covenants that it has full right, power and authority to enter into this Lease and that Tenant, upon performing all of Tenant’s obligations under this Lease and timely paying all rent, shall peaceably and quietly have, hold and enjoy the presentLeased Premises during the Term without hindrance, planned location ejection or molestation by any person lawfully claiming Leased Premises. The Leased Premises are located on part of the tract of property described in Exhibit “B”, which is annexed hereto and configuration incorporated by reference herein and made a part hereof for all purposes. The land described in Exhibit “B” (as it may be reduced or increased from time to time as designated by Landlord, provided any such reduction or increase has no materially adverse effect upon Tenant’s use or quiet enjoyment of the Leased Premises nor upon Tenant’s rights or obligations under this Lease) and any existing and future buildings, parking area, truck loading areas, service areas and other improvements now existing or hereafter erected thereon are sometimes herein referred to as the “Commercial Park”. Landlord reserves the right to place in, under, over or through the Leased Premises pipes, wires, lines, and facilities serving other areas of the Commercial Park provided Landlord provides Tenant reasonable advance notice in writing, Landlord is solely responsible for all associated costs, and such right is exercised in a manner which are shown on does not unreasonably interfere with Tenant’s use or quiet enjoyment of or the conceptual site plan conduct of its business at the Leased Premises. Section 2.02. The Leased Premises shall be constructed in material compliance with the Construction Rider attached hereto as Exhibit A. The parties agree that and incorporated by reference herein for all purposes. Section 2.03. In determining the final location, configuration and floor area of the BuildingLeased Premises, Common Facilities and Lot distances shall be subject measured from the exterior face of all exterior walls and the center of all partition walls which separate the Leased Premises from any interior area. Walls separating the Leased Premises from a mall and corridor walls shall be deemed to approval be exterior walls of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofthe Leased Premises. The Lot is located within Within thirty (30) days after the former ▇▇▇▇▇ Air Force Base as more particularly described in Commencement Date of the hereafter defined Ground Lease (the “Tradeport”). Sublessee Lease, Tenant shall have the right to cause its architect to remeasure the Leased Premises. If such measurement determines that the actual leasable ground floor area of the Premises is greater or less than the leasable ground floor area of the Premises set forth hereinabove, then Landlord and Tenant shall promptly thereafter execute an amendment to this Lease, reflecting the actual square footage of the Leased Premises, and adjusting proportionately the rental obligations of Tenant which are expressed in this Lease as a right appurtenant being calculated with reference to the square footage of the Leased Premises. In the event Landlord and Tenant dispute the measurement of the Premises, in common with other Tradeport tenants then Landlord and occupants and authorized users Tenant shall appoint an independent architect to determine the right to use the entrances, exits and roadways exact number of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced square feet contained in the Exhibits or Schedules thereto have been delivered Premises. The parties shall share in the cost of such independent architect. In the event Tenant fails to Sublessee. From and notify Landlord of its remeasurement within thirty (30) days after the date hereofCommencement Date, Sublessor shall use its best efforts to (i) seek approval of this Lease and then it will be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 conclusively deemed that the Leased 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcontain 217,869 square feet.

Appears in 1 contract

Sources: Commercial Lease Agreement (Francesca's Holdings CORP)

Premises. The Premises consists Upon and subject to the conditions and limitations hereinafter set forth, Landlord does hereby lease and demise unto Tenant the entirety of the Building a building to be constructed by on property intended to be known as ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, as such demised premises is more particularly described on Exhibit 1.01-1 (the Sublessor in accordance with the terms hereof “Premises”), together with the rightright to use in common with others unless otherwise provided herein, appurtenant thereto to the exclusive use of walkways, driveways, parking areas (including the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct above-ground parking garage serving the Building and Common Facilities) (the “Lot”described in Section 20.10, below), loading areas, and utility lines (including telecommunications lines) serving the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. Premises. The parties agree that the final location, configuration and rentable area for the Premises is 220,000 rentable square feet. The four-level building comprising the Premises is referred to herein as the “Building”. The actual street address of the Building, Common Facilities and Lot shall Building will be subject determined by the City of Waltham. Landlord will use reasonable efforts to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within encourage the former City to use ▇▇▇ ▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at as the Tradeport. Sublessor presently leases a portion street address and, following the designation of the Lotstreet address, such portion being known as 200 International Drivethe parties will document the same in a letter agreement prepared by Landlord. Upon completion, pursuant to that certain Sublease the Building will become a condominium unit within the Reservoir ▇▇▇▇▇ Primary Condominium (the “Condominium”), a condominium created by Master Deed dated April 5February 26, 2001 by and between 2007, recorded in Book 49037, Page 229 of the PDAMiddlesex South Registry of Deeds, as lessoramended. The Building and its undivided interest in the common elements of the Condominium are referred to herein as the “Property” and are more particularly described on Exhibit 1.01-2. Upon the recording of the unit deed evidencing the creation of the condominium unit consisting of the Building, Exhibit 1.01-2 shall be amended accordingly and Landlord and Tenant shall enter into an amendment to this Lease evidencing the same. This Lease, and SublessorTenant’s leasehold interest in the Premises, are subject to the terms, covenants and conditions of agreements, easements and restrictions of record applicable to the Property, all of which Tenant shall perform and observe insofar as lessee the same are applicable to the Premises; provided, however, that Tenant shall not be bound by any easements or restrictions made after the date of this Lease that materially and adversely affect Tenant’s rights and obligations under this Lease unless (as currently a) Landlord has obtained Tenant’s prior written consent to such easements or restrictions, or (b) such easements or restrictions are imposed in effectconnection with a lease by Tenant of the Proposed Additional Building in accordance with Article 25, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”)below. Sublessor Landlord hereby represents and warrants to Sublessee that a true, correct and complete copy none of the 200 Ground Lease is attached hereto as Exhibit C existing agreements, easements and that true, correct and complete copies restrictions of any documents record prohibit or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall restrict use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 for the Permitted Uses. The Premises exclude the Base Building (as defined in accordance with Section 6.01) and the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on above-ground parking garage serving the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDABuilding.

Appears in 1 contract

Sources: Lease Agreement (Alkermes Plc.)

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") Situated in the City of the Building Sunnyvale, County of Santa Clar▇, ▇▇ate of California, shall be deemed to be constructed by approximately ninety eight thousand eight hundred thirty six (98,836) square feet of floor space in the Sublessor in accordance with building (the terms hereof together with the right"Building"), appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) as described on Exhibit "A" and a portion of the land area designated known as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 1344 ▇▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at ▇▇. ▇▇ndlord shall not be required to make any alterations, additions or improvements to the TradeportPremises and the Premises shall be leased to Tenant in an "As is" condition. Sublessor presently leases a portion Tenant and its representatives, have, prior to executing this Lease, made such inspections of the LotPremises and matters related thereto as Tenant and its representatives desire, including, without limitation, governmental laws and regulations to which the Premises is subject and Tenant shall accept the Premises upon the basis of its review and determination of the applicability and effect of such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by laws and between the PDA, as lessor, regulations. Tenant further acknowledges and Sublessor, as lessee (as currently in effectagrees that, the “200 Ground Lease” Premises is to be leased and delivered to and accepted by Tenant in an "As Is" condition as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease Commencement Date with all faults and defects and without any covenant (whether express, implied or otherwise) made by Landlord to remedy any then existing fault or defect, whether known or unknown, suspected or unsuspected subject to the condition set forth in Paragraph 40 below. Tenant still further acknowledges that Tenant has received, has reviewed and is knowledgeable of the disclosures and information contained in the environmental assessments, investigations and reports listed in Exhibit "B" attached hereto hereto. Landlord makes no representation or warranty as Exhibit C to the accuracy or completeness of the disclosures or information contained in said engineering and that true, correct environmental assessments and complete copies reports. Landlord does not make any representations or warranties of any documents kind whatsoever, either express or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereofimplied, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 Premises or any of such related matters; in addition to that necessary for the Lot particular, but without limitation, Landlord makes no representation or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject warranties with respect 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 use, condition, size, dimensions, boundaries, title, occupation, management or construction value of the Premises in accordance or the building and improvements thereon, presence or absence of hazardous materials in, on, under or about the Premises or surrounding properties, compliance with the terms hereofapplicable statutes, laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health or environmental matters, compliance with covenants, conditions and restrictions (whether or not of record), other local, municipal, regional, state or federal requirements, or other statutes, laws, codes, ordinances, regulations or requirements (including, without limitation, The Americans With Disabilities Act). Sublessor agrees Tenant acknowledges that it shall not commence construction or development of any additional buildings or improvements Is entering into this Agreement on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to basis of Tenant's own investigation of the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms physical and environmental conditions of the Premises Ground Lease Amendment shall be subject Premises. Tenant waives and releases its right to recover from Landlord and its partners, employees and agents any and all damages, losses, liabilities, costs or expenses whatsoever (including, without limitation, reasonable attorneys' fees and costs), and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way growing out of or connected with the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution physical condition of the approved Premises Ground Lease Amendmentor any federal, Sublessor state or local law, statute, ordinance or regulation applicable thereto (including, without limitation, the Comprehensive Environmental Response Compensation and Sublessee shall amend this Lease Liability Act of 1980, as necessary to reflect amended, 42 U.S.C. Sections 9601 et seq. and The Resources Conservation and Recovery Act of 1976,42 U.S.C. Sections 6901 et seq. Tenant expressly waives the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration benefits of the Lot as approved by the PDA.Section 1542 of the

Appears in 1 contract

Sources: Lease Agreement (Arbor Software Corp)

Premises. The 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises consists for the Lease Term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and public areas of the Building for ingress and egress to be the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the Sublessor requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building. With respect to Landlord’s entry on the roof terrace, except in the event of an emergency, Landlord shall endeavor to give Tenant advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s use of such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if such use of the roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of such maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be subject to the terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the terms hereof together with of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord and delivered to Tenant from time to time, so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the right, appurtenant thereto to the exclusive use of the Common Facilities to be roof terrace is constructed by the Sublessor Tenant in accordance with the terms hereof of this Lease and such roof terrace is in substantially in the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a eastern portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area Massachusetts Ave. wing of the Building, Common Facilities then from and Lot 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 subject obligated to approval (i) expend any material additional amounts in connection with such efforts or (ii) relocate any signs or equipment on the roof of Sublessor and Sublessee the Building as of the date Tenant commences construction of the rooftop terrace in accordance with Article 3 and Exhibit D hereofthe terms of this Lease. The Lot is located within Except as may otherwise be expressly provided in this Lease, the former ▇▇▇▇▇ Air Force Base as more particularly described in lease of the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users Premises does not include the right to use the entrancesroof (except as otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), exits and roadways mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the Tradeport designated 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 ▇▇▇▇▇ Development Authority (“PDA”Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) for common use at have made any representations, expressed or implied, about the Tradeport. Sublessor presently leases a portion suitability of the LotPremises for Tenant’s intended use, such portion being known except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the necessary business licenses and occupancy permit for its Premises. Landlord and Tenant agree that as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between of the PDA, as lessor, and Sublessor, as lessee (as currently in effectdate of this Lease, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy number of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to rentable square feet (i) seek approval of this Lease in the Premises are the amounts set forth in Section 1.2 above, and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) in the Storage Space is 1,000, and such amounts are not subject to amend remeasurement absent a change in the 200 Ground Lease to include that portion configuration of space in the Lot not presently leased to Sublessor under Building impacting the 200 Ground 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 (iii) including the demolition work), Landlord shall use commercially reasonable efforts to cause deliver the PDA to enter into Premises, on a nonfloor-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Nonby-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all floor basis as soon as reasonably practicable. The terms possible after a floor (or part of such amendment floor to the Ground Lease (the “Premises Ground Lease Amendment”) shall provide for the addition of extent that portion less than an entire floor is part of the Lot not presently leased to Sublessor under Premises) is vacated by an existing tenant. Any entry upon the Ground Lease to Premises by Tenant before the premises currently leased thereunder on the same terms 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 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 addressed in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereofthis Lease). 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment Said entry shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution all of the approved Premises Ground terms of this Lease, but no such permitted entry shall change the Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect Commencement Date or the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration expiration date of the Lot as approved by the PDALease Term.

Appears in 1 contract

Sources: Office Lease Agreement (Blackboard Inc)

Premises. The Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, upon the terms and conditions herein set forth, the Premises consists described in Section l(b) hereof as shown on the Plans referenced in Exhibit A-1 attached hereto and incorporated herein. In addition, Tenant shall also have the aforementioned parking rights and rights of ingress and egress over common areas in the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5"Land") acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premiseson Exhibit A attached hereto, in common together with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways large green "Commons" area in the center of the Tradeport designated by campus of which the ▇▇▇▇▇ Development Authority Land is a part. All of Tenant's rights in and over the Land and the Commons shall be subject to the provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith (“PDA”) for common use at "REA"), a copy of which Tenant acknowledges having had the Tradeportopportunity to review. Sublessor presently Landlord does not own the Building and Land but leases a portion of the Lot, such portion being known as 200 International Drive, them pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorTower, and SublessorAdjacent Property Lease dated August 26, as lessee 1998 (as currently in effect, the “200 "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”)landlord and Landlord as tenant. Sublessor represents This lease is therefore actually a sublease and warrants subject and subordinate to Sublessee that a true, correct and complete copy all of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease. For convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease Amendment shall modify or excuse Landlord's obligations to Tenant under this Lease. Landlord shall cause to be subject 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 liable for (i) any claims against the Landlord under this Lease accruing prior to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend date this Lease becomes a direct lease between Tenant and 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 future calculations or adjustments shall mean "Rentable Area" as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAdefined in BOMA American National Standard Z6.1-1996.

Appears in 1 contract

Sources: Lease Agreement (Amazon Com Inc)

Premises. 1. The Premises consists is to be approximately 35,000 square feet located on the first, second and third floor of the Rail Station Building, which includes hold rooms, ticket counters and back office, approximately 3,000 square feet on the first, second and third floor for baggage operations, and approximately 83,500 square feet of Platform on the second floor, all of which is more specifically depicted on Exhibit “B.” 2. As of the Effective Date, the Premises depicted on Exhibit “B” is conceptual. Upon completion of the design for the Rail Station Building to (which shall be constructed accomplished by the Sublessor parties working together in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor good faith acting reasonably and as contemplated in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined Section 5.01 below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree to substitute a revised Exhibit “B” to depict the Premises that the final location, configuration and area of the Building, Common Facilities and Lot shall will be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofconstructed. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant Any changes to the Premises, in common with other Tradeport tenants except as set forth herein, shall be evidenced by an amendment to this Agreement. 3. The Authority hereby leases and occupants demises to Rail Company and authorized users Rail Company agrees to lease and accept from the right to use Authority, the entrances, exits and roadways Premises. Upon Substantial Completion of the Tradeport designated by Rail Station Building, Rail Company shall accept the ▇▇▇▇▇ Development Authority (Premises PDAas is) for common use at , generally in the Tradeport. Sublessor presently leases a portion of the Lotsame condition in which such space or any part thereof will be provided, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effecthowever, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of Authority shall assign any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 warranties on the same terms construction, materials, equipment and conditions except for ground rent and construction obligations of Sublessor other personal property incorporated into the Rail Station Building which are applicable thereto or shall cooperate with Rail Company in order to make claims as necessary under any such warranties. Rail Company agrees that the PDA Authority shall have no obligation to do any work on, or make any improvements to or with respect to the Building and Common FacilitiesPremises or the condition thereof, unless otherwise specifically agreed to by the Authority. 4. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area The Authority may, in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the futureits reasonable discretion, 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) make changes in the Ground Lease is Airport boundaries, the categories of space (e.g. Public Space to rentable space) or the configuration or amount of space (but not terminable as the Premises unless agreed to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot 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 inclusion 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 such additional land area will this Agreement; provided, however, that Rail Company’s Rail Transportation Business shall not result be adversely affected in any delay material respect by any such changes. 5. Rail Company and the Authority agree that it is important to maximize the efficiency of space leased and used in the permitting 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 construction 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 Premises APM, and (iii) all access roads in accordance with order for the terms hereofRail Station Building to have legal ingress and egress to have been completed. 6. Sublessor agrees 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 deny this request in its reasonable discretion. If the Rail Company requests additional space outside the Rail Station it shall not commence construction or development of any additional buildings or improvements on be handled in the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not same manner with applicable rent to be unreasonably withheld, conditioned or delayed. Upon execution of agreed upon between the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAparties.

Appears in 1 contract

Sources: Premises Lease and Use Agreement (Virgin Trains USA LLC)

Premises. Option to Purchase The Premises consists parties are signing this Lease as of the Building Effective Date. By: By: Exhibit B Option to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto Purchase This Option to the exclusive use Purchase is attached to and made a part of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 certain Lease (the “TradeportLease”) dated , 20 by and between , a (the “Landlord”), and , a (the “Tenant”). Sublessee shall Capitalized terms used in this Option to Purchase and not defined herein will have the meaning ascribed to such term as a set forth in the Lease. The Landlord hereby grants to the Tenant the right appurtenant and option to purchase (the “Option to Purchase”) the Landlord’s interest in and to the Premises, in common with other Tradeport tenants and occupants and authorized users . The Tenant’s Option to Purchase shall grant the Tenant the right to use acquire the entrancesentire 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”), exits and roadways but which Closing Date shall not be later than the later of: (1) 180 days following the exercise of the Tradeport designated by 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 ▇▇▇▇▇ Development Authority ▇▇▇▇’s possession and control; (“PDA”D) for common use at the Tradeport. Sublessor presently leases a portion any code violation and condemnation notices; (E) evidence of the Lotentity authorization to enter into and perform this Option to Purchase; (F) tax bills, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorspecial assessments, and Sublessor, as lessee owner’s association assessments (as currently in effect, from the “200 Ground Lease” past two years); (G) maintenance and as hereafter amended by service contract records (from the Premises Ground Lease Amendment, past two years); and (H) a letter from the “Ground Lease”). Sublessor represents and warrants to Sublessee Landlord certifying that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct it has delivered full and complete copies of any documents or plans referenced the foregoing (collectively, “Landlord’s Diligence Deliverables”), unless the parties agree otherwise in writing. If the Exhibits or Schedules thereto have been delivered Option to Sublessee. From and after Purchase is exercised by the date hereofTenant as aforesaid, Sublessor then the purchase price to be paid by the Tenant to the Landlord on the Closing Date shall use its best efforts to equal the sum of $ (ithe “Purchase Price”), as adjusted at Closing (as defined below) seek approval of 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 designated solely responsible for payment of any prepayment penalty, fee, or cost due to the developer and lessee Landlord’s lender or financial institution resulting from the Tenant’s exercise of the land area designated as 160 International Drive (or such portion thereof as comprises Option to Purchase and the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion mandatory payoff of the Lot not presently leased Landlord’s lender, if any. The Purchase Price shall be paid by wire transfer of good funds delivered first to Sublessor under the 200 Ground Leasetitle company, (iii) in escrow, and then by the title company to cause the PDA Landlord. The Tenant shall pay Rent to enter into 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 as of the Closing Date, shall be added to or subtracted from the Purchase Price and shall be reflected on a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto closing statement (the “PDA Non-Disturbance AgreementClosing Statement”) simultaneously to be prepared by the 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 any physical condition assessment; (4) the costs of the Tenant’s attorneys and third party consultants; and (5) 50% of the charges of the title insurance company serving as the Closing agent for the Closing of the purchase and sale. The Tenant will have, in addition to its other rights and remedies set forth herein, the right to deduct from the Purchase Price to be 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 otherwise available to the Tenant. The Landlord shall pay the following costs of Closing the sale of the Premises: (1) the cost of the Tenant’s title insurance premium; (2) the cost of releasing any liens, encumbrances, or other title which are not exceptions and which can be removed with the payment of money unless and to the extent that such liens, encumbrances 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, deed stamps, or 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, defend, and 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 such amendmentthis Option to Purchase or Closing on the transaction contemplated hereby, all as soon as reasonably practicableif the person claiming the commission claims to have been hired by the Landlord. The terms Tenant’s obligation to purchase the Premises after exercising its Option to Purchase will be contingent on its due diligence review of such amendment 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 the collection of any diligence information. On the Closing Date, the Landlord shall tender fee simple ownership of the Premises to the Ground Lease 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 purchase and sale of the Premises as contemplated herein (the “Premises Ground Lease AmendmentClosing”) shall provide for will occur in at the addition offices of that portion 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 Lot not presently leased items it is required to Sublessor under deliver at the Ground Lease Closing to the premises currently leased thereunder title company on or before the same terms and conditions except for ground rent and construction obligations of Sublessor Closing; provided however, that if such items have been delivered to the PDA title company with respect to escrow instructions, such instructions shall not be inconsistent with the Building and Common Facilitiesprovisions of this Lease. It is understood and agreed that Sublessor shall seek to amend If any such instructions conflict with the 200 Ground provisions of this Lease, the provisions of this Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof)will govern. 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 The Closing must be conducted in accordance with the terms hereofstandard closing practices of such title company (taking into account the respective obligations of the parties under this Lease). Sublessor agrees that it On the Closing Date, the Landlord shall not commence construction or development of any additional buildings or improvements on the premises demised execute and deliver to Sublessor Tenant (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingits designee), the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.following:

Appears in 1 contract

Sources: Commercial Lease Agreement

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant and Tenant hereby leases from Landlord, upon the terms hereof together with the rightand conditions herein set forth, appurtenant thereto that certain building (“Premises”) referred to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresParagraph 1.4 above, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown cross-hatched on the conceptual site plan attached hereto as Exhibit A. The parties agree that “A”. In addition, Tenant shall have the final location, configuration and area of following rights with respect to 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 real property (excluding buildings located within the former ▇▇▇▇▇ Air Force Base as thereon) more particularly described in the legal description attached as Exhibit “B” hereto (if applicable) and outlined in red on Exhibit “A” (“Common Area”): (i) the non-exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, 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 defined Ground Lease in effect (collectively, “Laws”) relating to or affecting parking on the “Tradeport”). Sublessee 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 as 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 appurtenant 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 PremisesCommon Area, in common with and to the agents, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any other Tradeport tenants and occupants and user authorized users by Landlord, the non-exclusive right to use the entrances, exits Common Area for pedestrian and roadways of vehicular ingress and egress and vehicular parking unless the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 grant of such amendment, all as soon as reasonably practicable. The terms rights to tenants 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 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 would adversely affect access to the Ground Lease until the Delivery Date. Subject Premises or to the foregoingparking areas, or would reduce the formsnumber of parking spaces available to Tenant, terms and conditions or would add or increase any costs or expenses charged to Tenant by Landlord under this Lease (including, but not limited to, Common Area Operating Expenses) beyond those costs reasonably anticipated to be incurred as a result of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution customary use of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include parking areas by such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAtenants and their respective agents, employees, servants, invitees, contractors, guests, customers and representatives.

Appears in 1 contract

Sources: Net Lease Agreement (Mellanox Technologies, Ltd.)

Premises. The (a) Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord the Premises consists of the Building to be constructed by the Sublessor located in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) in the Industrial Center identified in the Basic Lease Provisions, situated on the real property described in Exhibit "A" attached hereto (the “Lot”"Property"), the present, planned location and configuration of which are such Premises as all further shown by diagonal lines on the conceptual site plan drawing attached hereto as Exhibit A. The parties "A-1" and made a part hereof by reference. Tenant has inspected the Premises and agrees to accept the same "AS IS," without representation or warranty on the part of Landlord to perform any improvements therein, except as expressly set forth in Exhibit "B" attached hereto and 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 final location, configuration and area number of rentable square feet described in Paragraph 2 of the BuildingBasic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot air or view is located granted hereunder or included within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right 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 "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) 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 other Tradeport tenants others entitled to such use, the common areas as they exist from time to time, subject to any rights, powers, and occupants privileges reserved by Landlord under the terms hereof or under the terms of any rules and authorized users regulations or restrictions governing the use of the Industrial Center; provided, however that Tenant shall have no right to use the entrancescommon 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, exits and roadways of temporarily or permanently, in the Tradeport designated common areas. Any such storage shall be permitted only by the ▇▇▇▇▇ Development Authority (“PDA”) for common use prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the Tradeport. Sublessor presently leases a portion event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost of the LotTenant, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 which cost shall be immediately payable upon demand by and between the 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, 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 PDA case of changes to enter into a the Rules and Regulations, Tenant has received thirty (30) days prior written notice of such changes. Landlord shall not be responsible to Tenant for the non-disturbance agreement compliance with Sublessor said rules and Sublessee 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 substantially the form compliance therewith. (iv) Tenant shall not succeed to any of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution Landlord's easement rights over and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment relating to the Ground Lease (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 “Premises Ground Lease Amendment”) shall provide for sole right of control over the addition of that portion use, maintenance, configuration, repair and improvement of the Lot not presently leased to Sublessor under the Ground Lease common areas, which Landlord shall keep neat and clean and in good condition and repair. Landlord may make such changes to the premises currently leased thereunder on use or configuration of, or improvements comprising, the same terms 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 conditions except for ground rent egress, Tenant's signage, the common area lighting, or Tenant's use and construction obligations of Sublessor to the PDA with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (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 enjoyment of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcommon areas.

Appears in 1 contract

Sources: Industrial Lease Agreement (Altigen Communications Inc)

Premises. The Sublessor hereby releases to Sublessee on the terms and conditions set forth in this Sublease the Master Premises consists (“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 other work required or desired for its use and occupancy of the Premises, except for the work, if any specified in Exhibit 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 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 the Sublessor Sublessee in accordance with the terms hereof together 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 rightHVAC units, appurtenant thereto 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 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 exclusive use end of the Common Facilities to be constructed by the Sublessor Sublease term and in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the TradeportMaster Lease. Sublessor presently leases a portion Warrants that, should Sublessee’s installation, removal or maintenance of the Lotany improvements cause Lessor damage, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject jointly and severally responsible to the prior written approval of SublesseeLessor for all costs and damages resulting therefrom, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAincluding attorneys’ fees.

Appears in 1 contract

Sources: Sublease Agreement (AeroVironment Inc)

Premises. The Premises consists of Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with 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. (a) Landlord shall cause to be constructed by constructed, in compliance with applicable Laws, the Sublessor improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibits "C" and "C-1" (collectively, the terms hereof together with "Tenant Improvements"). In constructing the Tenant Improvements, Landlord shall use Building standard materials and finishes (unless otherwise provided on Exhibits "C" and "C-1") and Landlord reserves the right, appurtenant thereto subject to Tenant's reasonable approval, to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon the exclusive use of Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Common Facilities to be constructed by the Sublessor in accordance Tenant Improvements with the terms hereof and the land area appurtenant thereto comprising approximately Landlord within five (5) acresbusiness days of receipt of such notice from Landlord. Within five (5) business days following such inspection, which land area Tenant shall consist deliver to Landlord a punchlist of a portion defective or incomplete portions of the land currently leased Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord's receipt of the punchlist. Upon completion of all punchlist items to Tenant's reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from readily discoverable defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Sublessor pursuant Tenant. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed on or before the Estimated Commencement Date, in whole or in part, due to Tenant Delay, then Tenant's obligation to pay Rent hereunder shall not be affected or deferred on account of such delay and, the Commencement Date shall be deemed to be the Estimated Commencement Date and the Term shall be extended for the number of days attributable to Tenant Delay (and Minimum Annual Rent during such extended period shall be the Minimum Annual Rent attributable to the 200 Ground Lease (defined below) and a portion last year of the land area designated as 160 International Drive initial Term of the Lease). (or such portion thereof as is necessary to construct c) Following the Building and Common Facilities) (determination of the “Lot”)Commencement Date, the presentparties shall execute a commencement date memorandum memorializing the Commencement Date, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final locationFree Rent Period, configuration and area of the BuildingExpiration Date, 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 Tenant's acceptance 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 and such other items reasonably requested by Landlord. (or any affiliate thereofd) under or pursuant to the Ground Lease until the Delivery Date. Subject to Notwithstanding the foregoing, upon the formsCommencement Date, terms Landlord, at Landlord's sole cost and conditions of expense, shall deliver the Premises Ground Lease Amendment in compliance with all applicable Laws and shall be subject deliver the roof, walls, floors and all sprinkler, lighting, loading, mechanical, electrical, heating and cooling and plumbing systems servicing the Premises in good working order, provided, however, that Landlord's obligations under this Section 2(d) shall exclude damages or defects to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor such items caused by Tenant and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDATenant's Agents.

Appears in 1 contract

Sources: Lease Agreement (electroCore, Inc.)

Premises. The Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightLandlord, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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, hereby leases to Tenant certain premises ("Premises") consisting of the building situated at 4700 Nathan Lane, Plymouth, Min▇▇▇▇▇▇ ("▇▇▇▇▇▇▇▇"), the land underlying and contiguous thereto and all improvements thereon (Project). Sublessee agrees The legal description of the land is attached hereto as Exhibit A-1. A schematic depiction of the Project is attached hereto as Exhibit A-2. Tenant acknowledges that as of the Premises Ground commencement of this 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 certain portions of the Premises may be occupied by Miles Homes Services, Inc. ("Miles"). Miles has agreed to vacate the Premises according to the following schedule: Top Floor - February 8, 1996 Middle Floor - October 1, 1996 Lower Floor - May 5, 1996 The portion of the Premises occupied by Miles and the date by which Miles has agreed to vacate are depicted on Exhibit A-3 and A-4. During such period that Miles is in accordance possession of all or any part of the Premises, Landlord shall defend, indemnify and hold Tenant harmless from and against all liability, damages and claims which may be imposed upon or incurred or paid by or asserted against Tenant by reason of or in connection with any use, possession or operation of any part of the terms hereofPremises or Project by Miles; provided, however, that nothing contained in this sentence shall be deemed to require Landlord to indemnify Tenant with respect to any negligent or tortious act committed by Tenant or any of its agents, contractors, employees or invitees. Sublessor Landlord agrees to cooperate with Tenant in securing that it part of the Premises occupied solely by Tenant from intrusion by employees, agents, contractors or invitees of Miles. OPTION TO EXPAND INTO ADDITIONAL SPACE. Tenant has elected to expand the Building (such expansion referred to as the "Expansion Space") by approximately 60,000 square feet. Tenant shall have the right to control the design of the Expansion Space, subject to the consent of Landlord, which consent shall not commence construction or development of any additional buildings or improvements on be unreasonably withheld. Tenant shall have the premises demised right to Sublessor (or any affiliate thereof) under or pursuant approve, in its sole discretion, the project costs for the Expansion Space. The developer's fee, equivalent to the Ground Lease until Development Fee included in the Delivery DateProject Cost Schedule included on Exhibit B-2, shall be $150,000. The Project Schedule, attached hereto as Exhibit D, sets forth milestone dates requiring Tenant's input and approval. Subject to Tenant's strict adherence to the foregoing, the forms, terms Project Schedule and conditions of the Premises Ground Lease Amendment shall be further subject to the prior written approval force majeure provisions of SublesseeSection 32 of this Lease, not to be unreasonably withheld, conditioned or delayed. Upon execution of Landlord warrants that it will complete the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments Expansion Space according to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAProject Schedule.

Appears in 1 contract

Sources: Lease Agreement (Express Scripts Inc)

Premises. The Premises consists of the Building Upon and subject to be constructed by the Sublessor in accordance with the terms hereof together with the rightand conditions hereinafter set forth, appurtenant thereto Landlord leases to Tenant and Tenant rents from Landlord all of Landlord’s rights and interest in and to the exclusive use of “Premises” described below: (a) Premises: (i) Suite Number: 110 (estimate) (ii) Rentable Square Feet: 7,329 (estimate) (iii) Usable Square Feet: 7,329 (estimate) (b) Said Suite is in the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) office building (the “LotBuilding), the present, planned location and configuration of which are shown ) located or to be located on the conceptual site plan attached hereto as Exhibit 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 a ground leasehold estate (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDAGround Leasehold Estate”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to under that certain Sublease dated April 5, 2001 by and between the 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced (defined in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (iArticle 34 below) seek approval of this Lease and be designated the developer and lessee of upon the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 described in substantially the form of Exhibit J attached A hereto (the “PDA Non-Disturbance AgreementLand) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable). The terms Building also includes the Pedestrian Connection Hallway constructed on an easement provided under the REA (defined in Section 34). The Premises are outlined in Exhibit A-1 attached hereto and made a part hereof for all purposes. (The Building and Ground Leasehold Estate collectively referred to herein as the “Project”). The rentable area and usable area, as outlined on Exhibit A-1, are subject to adjustment pursuant to this paragraph. The square footage set forth above is subject to adjustment based upon the exact square footage contained in the Premises once the Premises have been completed. Upon completion of such the Premises, Landlord will provide Tenant with an amendment outlining the exact square footage and the related adjustments to Minimum Rent and Tenant’s Proportionate Share of Additional Charges pursuant to Section 2.1 below; SUBJECT, HOWEVER, to the matters set forth on Exhibit B attached hereto, the Landlord’s Mortgage, the Medical Center Master Lease and the Ground Lease (the “Premises Ground Permitted Exceptions”), to have and to hold for a fixed term of twenty (20) years (the “Initial Term”) from and after the Commencement Date (hereafter defined) of the Lease Amendmentand continuing for any Extension Term properly and timely elected pursuant to Article 33 hereof. The “Term” of this Lease shall be the Initial Term and any Extension Term exercised by Tenant pursuant to terms hereof. The Commencement Date of this Lease (the “Commencement Date”) shall provide for be the addition of that portion first day of the Lot not presently leased first calendar month following the date on which Landlord has achieved Substantial Completion of Landlord’s Work (as defined in, and in accordance with, the work letter attached hereto and made a part hereof as Exhibit E) (the “Work Letter”). The taking of possession of the Premises by Tenant shall be conclusive as to Sublessor under Tenant’s acceptance of the Ground Lease to the premises currently leased thereunder on the same terms Premises 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 Landlord’s Work, subject in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject all respects to the terms of this Lease (including, without limitation, the Work Letter); provided, however, 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 the Ground Lease until the Delivery Date. Subject to notwithstanding the foregoing, the forms, terms and conditions Tenant’s taking of the Premises Ground Lease Amendment possession shall be subject not relieve Landlord from any obligation to the prior written approval of Sublessee, not complete or correct any work to be unreasonably withheldperformed or corrected by Landlord under the terms of this Lease, conditioned or delayed. Upon execution of all as provided in the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAWork Letter.

Appears in 1 contract

Sources: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Premises. The (a) Tenant currently occupies the Suite 100/120 Premises consists and the Suite 925 Premises pursuant to the terms of the Building Lease and shall continue to occupy such portions of the Premises in their “as is” condition after the date hereof. (b) Within three (3) business days after the Effective Date of this Amendment, Landlord shall deliver the Suite 900 Premises to Tenant, and Tenant shall accept the Suite 900 Premises, in its “as is” condition on such delivery date, which date shall be constructed referred to herein as the “Suite 900 Commencement Date”. Any improvements, modifications or alterations required or desired by Tenant in connection with Tenant’s continued use and occupancy of the Sublessor Suite 100/120 Premises or the Suite 925 Premises or Tenant’s use and occupancy of the Suite 900 Premises shall be Tenant’s responsibility, and shall be made by Tenant, if at all, in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use provisions of the Common Facilities Lease, as amended by this Amendment; provided, however, Landlord shall make available the Improvement Allowance (as defined in Exhibit C attached hereto and incorporated herein by reference) to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown Tenant on the conceptual site plan attached hereto as Exhibit 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 set forth in Exhibit C. Landlord has no other obligation to make or perform or pay for ground rent and construction obligations any other improvement or alteration work in the Premises or in the Building in connection with the Amended Term. Tenant acknowledges that neither Landlord nor any agent of Sublessor to the PDA Landlord has made any representation or warranty with respect to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (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 suitability of the Premises or the Building for the conduct of Tenant’s business. (c) Upon delivery of the Suite 900 Premises to Tenant, Landlord and Tenant shall execute a Confirmation of Suite 900 Commencement Date in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development form set forth in Exhibit D attached to this Amendment. (d) As of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Suite 900 Commencement Date, all references in the Lease, as amended by this Amendment, to the Ground Lease until the Delivery Date. Subject Premises that apply to the foregoingtime period on and after the Suite 900 Commencement Date shall be deemed to refer to all of the Suite 100/120 Premises, the formsSuite 925 Premises and the Suite 900 Premises; provided, however, Landlord and Tenant agree that the terms and conditions of the Premises Ground Lease Amendment shall be subject (and, specifically, Exhibits B-1 and B-2 to the prior written approval Lease) regarding Landlord’s Work and regarding the timing of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution delivery of possession of the approved Suite 100/120 Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary or the Suite 925 Premises or Tenant’s early access thereto do not apply to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration delivery of possession of the Lot as approved by Suite 900 Premises. (e) Section 3(e)(i) and Section 3(e)(iii) of the PDALease (which provided for Tenant’s vacancy and surrender of the Suite 100/120 Premises) are hereby deleted.

Appears in 1 contract

Sources: Office Lease (Asana, Inc.)

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the terms hereof together with provisions hereof, Landlord leases to Tenant and Tenant leases from Landlord the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area Premises as designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area Rentable Area of the Building, Common Facilities Premises and Lot Building for all purposes shall be as set forth in Section 1(c) and 1(d), respectively, subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofadjustment as provided below. The Lot is located within Rentable Area of the former ▇▇▇▇▇ Air Force Base Premises includes a pro-rata portion of all Common Areas. Tenant agrees that, except as more particularly described expressly stated herein and in the hereafter defined Ground Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease (or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current Tradeport”)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 AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Sublessee shall have as a right appurtenant to Upon Tenant’s taking possession for the purposes of conducting business, the Premises, in common with other Tradeport tenants and occupants and authorized users including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amendmentexclusive right, 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 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), to use the Common Areas of the Project. Sublessee agrees Tenant acknowledges that the Premises Ground Lease Amendment Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include such additional land so 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, as long as (i) the Ground Lease Premises and the Parking Spaces remain reasonably accessible; and to temporarily suspend access to portions of the Common Areas, if Landlord determines, in its sole discretion, that such suspension is not terminable necessary to perform its repair or maintenance obligations under this or any other agreement or to comply with any applicable Laws, as to long as the Lot should Sublessor fail to construct improvements other than Premises and the Building and Common Facilities on Parking Spaces remain reasonably accessible. The Rentable Area of the Lot and (ii) the inclusion of such additional land area Premises will not be adjusted as a result in any delay in the permitting or of variations resulting from initial construction of the Premises Initial Improvements (as defined in accordance with the terms hereofWork Letter). Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on If the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions Rentable Area of the Premises Ground Lease Amendment shall or Building changes for any reason, any Rent calculations based on Rentable Area will be subject adjusted accordingly effective as of Tenant’s receipt of written notice from Landlord of the adjustment and the reason therefor. Tenant may object to errors in the adjustment by Landlord only if Tenant notifies Landlord in writing within thirty (30) days thereafter of the specific errors made by Landlord. Pending resolution of any such objections by Tenant, Rent must be paid as adjusted by Landlord based on the change in Rentable Area; and on resolution of Tenant’s objections, an appropriate reduction or increase (without interest or penalty) will be made in the next Monthly Rent Installment due. The Building’s Common Area includes the non-rentable Common Areas on each floor, excluding elements of the building that penetrate through the floor to areas below, and an off-floor factor (areas not of this floor but common to the prior written approval of Sublesseebuilding, not to be unreasonably withheldi.e. central plant, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendmentmail room, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA1st floor lobby.

Appears in 1 contract

Sources: Lease Agreement (Us Dataworks Inc)

Premises. The Premises consists Lessor, for and in consideration of the Building rents, covenants, and agreements herein contained on the part of Lessee to be constructed by paid, kept, and performed, does hereby lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, upon and subject to the Sublessor conditions hereinafter expressed, the Premises (as further described in and shown on Exhibit A, as such Exhibit A may be amended in accordance with the terms hereof together with 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 Lessee’s rights to the Premises is the non-exclusive right, appurtenant thereto subject to the exclusive terms set forth herein, to use each of the Common Facilities Access Easement Area, Construction Easement Area, and 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 Utility Easement Area, are demised subject to the following: (a) any encumbrances shown on the survey of the Property or the Premises; (b) covenants, restrictions, easements, agreements, and reservations, as set forth in Exhibit A, as such Exhibit A may be constructed by the Sublessor amended in accordance with the terms hereof provisions of this Lease; (c) present and future zoning laws, ordinances, resolutions and regulations of the municipality in which the land area appurtenant thereto comprising approximately five (5) acreslies, which land area shall consist and all present and future ordinances, laws, regulations, and orders of a portion all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the land currently leased by Sublessor pursuant to Premises for the 200 Ground Lease Permitted Use (defined belowprovided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); (d) the condition and a portion state of repair of the land area designated Premises as 160 International Drive the same may be on the Effective Date; (e) all water charges, electric charges, and sewer rents, accrued or such portion thereof un-accrued, fixed or not fixed, from and after the Effective Date arising as is necessary to construct a result of the Building construction and Common Facilities) (operation of the “Lot”)Solar Energy Facility, the presentPermitted Improvements, planned location and configuration of which are shown on or any other appurtenant facilities or improvements associated with the conceptual site plan attached hereto as Exhibit A. The parties agree Permitted Use; and (f) full compliance by the Lessee with all Applicable Legal Requirements that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee require compliance by Lessee in accordance connection with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right 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 use the entrances, exits and roadways this Agreement as of the Tradeport designated by Execution Date includes the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion Parties’ initial approximation of the LotPremises. Lessee shall be 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 portion being known as 200 International Driveamendment 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 approve such amendments in a written consent executed by Lessee and Lessor. Lessor’s approval shall not be unreasonably denied or delayed; provided, pursuant to that certain Sublease dated April 5however, 2001 by and between in the PDA, as lessor, and Sublessor, as lessee (as currently in effectevent the Lessor does not provide such approval, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants Parties shall be obligated to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced negotiate in the Exhibits or Schedules thereto have been delivered good faith in order to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 reach agreement with Sublessor and Sublessee in substantially on 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAproposed amendments.

Appears in 1 contract

Sources: Site Lease Agreement

Premises. The Premises consists In consideration of the Building obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant hereby takes from Landlord, those certain tracts or parcels of land located in the County of Clar▇, ▇▇ate of Nevada, and more particularly described on Exhibit A attached hereto and made a part hereof (the "Land"), together with any buildings and other improvements erected or to be constructed by the Sublessor in accordance with the terms hereof erected thereon, and together with the rightall rights, appurtenant thereto privileges, easements and appurtenances belonging or in any way pertaining to the exclusive use Land (all of the Common Facilities foregoing hereinafter collectively referred to be constructed by as the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”"LEASED PREMISES"), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot Leased Premises is located within now the former subject of two existing leases -- (i) a lease dated May 1, 1987 between the Broo▇▇ ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease ily Trust and Travelodge International Incorporated (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”"TRAVELODGE LEASE") for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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) a lease dated May 1, 1992 between the inclusion of such additional land area will not result in any delay in Broo▇▇ ▇▇▇ily Trust and Moving Forward, Inc. (the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date"MOVING FORWARD LEASE"). Subject to the foregoingfollowing terms of this paragraph, Landlord hereby assigns its rights and obligations under the Travelodge Lease and the Moving Forward Lease (collectively, the forms, terms "EXISTING LEASES") to Tenant. Tenant will indemnify and conditions hold Landlord harmless from any claims arising out of any breach of the Premises Ground Existing Leases by Tenant. All rents accruing and received under the Existing Leases from and after the Effective Date during the term of this Lease Amendment shall be subject paid to Tenant; provided, however, that rents received by Tenant pursuant to the prior written approval Existing Leases shall first be applied against any rents which became due and payable during the thirty (30) day period preceding the Effective Date, and the same shall be paid to Landlord. Concurrently herewith, Landlord shall provide Tenant with a certificate showing any delinquent or past due rents under the Existing Leases. During the Feasibility Period, as defined below, it is anticipated that Tenant will attempt to reach an agreement with the tenants under the Existing Leases allowing Tenant to terminate such leases. Any buyout amounts or other costs of Sublesseenegotiating such agreements and/or terminating such leases shall be paid by Tenant. Tenant acknowledges that Article XXII of the Travelodge Lease grants a right of first refusal to the tenant thereunder. Unless such right of first refusal is waived by the tenant under the Travelodge Lease, not Landlord shall, promptly after execution of this Lease, offer the Leased Premises to such tenant in accordance with such right of first refusal. If such offer is accepted, this Lease shall automatically terminate and the remaining portion of the Security Deposit, as defined below, shall be returned to Tenant. Tenant acknowledges that the Travelodge Lease contains an early termination provision and that Landlord has entered into a letter agreement, dated January 3, 1995, with the tenant under such lease providing for the reimbursement of certain of such tenant's refurbishment costs in the event of early termination. Any amounts payable under such lease provision or side letter shall likewise be due and payable by Tenant. Similarly, Tenant acknowledges that the Travelodge Lease provides for a maintenance reserve (the "TRAVELODGE RESERVE") which is to be unreasonably withheld, conditioned or delayed. Upon execution paid to Landlord upon termination of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments Travelodge Lease. All funds held in or payable to the Exhibits hereto Travelodge Reserve as is reasonably necessary to reflect the configuration of the Lot as approved Effective Date, which the parties agree to be Four Hundred Thirty-Nine Thousand Four Hundred Forty-Four Dollars and Ninety Cents ($439,440.90), (the "EXISTING RESERVE AMOUNT") shall be the sole and exclusive property of Landlord, and Tenant shall have no interest therein. Any amounts added to the Travelodge Reserve after the Effective Date shall be the sole and exclusive property of the Tenant. In no event shall Tenant terminate either of the Existing Leases until Tenant's right of termination set forth in Paragraph 5 below expires or is waived by Tenant, and in no event shall Tenant terminate the PDATravelodge Lease unless the tenant thereunder releases the Existing Reserve Amount to Landlord promptly upon such termination.

Appears in 1 contract

Sources: Lease Agreement (Grand Casinos Inc)

Premises. The Premises consists of Lessor hereby leases unto Lessee the Building to be constructed by the Sublessor in accordance with the terms hereof Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall have the right, appurtenant without the necessity of obtaining Lessee’s consent thereto or joinder therein, to grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the exclusive Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Common Facilities Premises for the Permitted Use. Lessor further hereby reserves the right to be constructed by install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Sublessor in accordance with the terms hereof Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area serving other parts of the Building, Common Facilities 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 employees and Lot 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. Lessee. shall be subject permitted 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 operate its business in the hereafter defined Ground Lease 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 “Tradeport”). Sublessee shall have as a right appurtenant cost of supplying services to the Premises, in common with as described on Exhibit C at times other Tradeport tenants than such Building hours, such payment to be due and occupants and authorized users the right payable no later than thirty (30) days after Lessor gives written notice to use the entrances, exits and roadways Lessee of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amount 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcharges.

Appears in 1 contract

Sources: Lease (Elixir Pharmaceuticals, Inc.)

Premises. The Premises consists Lessor hereby leases to Lessee, and Lessee leases from Lessor, for the term, at the rental and upon all the conditions set forth herein, that certain real property situated in the County of the Building Maricopa, State of Arizona, commonly known as ABCO/43RD AVE. DISTRIBUTION BLDG, PH II, Phoenix, Arizona, and described as an approximate 171,187 square feet of to be constructed multi-tenant industrial space, together with certain improvements to be constructed therein at Lessor's sole cost and expense, (see Exhibits "A" through "E" attached hereto). Office improvements are to be constructed by the Sublessor in accordance with the terms hereof together with the rightLessor at its sole cost and expense, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof as shown on Exhibit "B" attached hereto. The building tenant improvements and the land area appurtenant thereto comprising approximately five (5) acresparking lot improvements are hereinafter collectively referred to as "Tenant Improvements." Lessor hereby agrees to use its best efforts to complete the premises for Tenant fixturization by July 15, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof1990. The Lot building is located within the former at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Air Force Base (see Exhibit "C" for legal description), hereinafter referred to as more particularly described the "Real Property". The building shall be in the hereafter defined Ground Lease (the “Tradeport”)conformity with plans and specifications that have been, or will be, approved jointly by Lessor and by Lessee. Sublessee Lessee shall have designated and/or defined exclusive use of specific parking facilities on the Real Property, as a right appurtenant reflected on Exhibit "D". The square footage of the building space being leased under the terms hereof, is approximately 81,514 square feet. Any improvements to the Premises, in common with other Tradeport tenants and occupants and authorized users addition to the right Tenant Improvements described above, which may be desired by Lessee from time to use time during the entrances, exits and roadways Term 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 PDAthis Lease, as lessormay be extended, shall be constructed or installed by Lessor if requested by Lessee, and Sublessorprovided that Lessor agrees to do so. In the event Lessor agrees to construct or install such improvements, all costs of such construction and/or installation shall be paid by Lessee to Lessor at such times, and in such amounts as may be reasonably agreed to by Lessor and Lessee. Such real property, including land and improvements, and the parking facilities, as lessee (as currently in effectabove described, are hereafter called "the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises".

Appears in 1 contract

Sources: Lease (Schein Pharmaceutical Inc)

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with Tenant, and Tenant hereby leases from Landlord, on the terms hereof together with and conditions set forth herein, the right, appurtenant thereto to space outlined on the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) attached Exhibit A (the “LotPremises”), the present, planned location and configuration of which . The Premises are shown located on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area floor(s) specified in Paragraph 2 below 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 building known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease Way, San Jose, California (the “TradeportBuilding” or the “110 Building”). Sublessee 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 have as a include the right appurtenant to the Premisesuse, in common with others and subject to the other Tradeport tenants and occupants and authorized users provisions of this Lease, the right to use the public lobbies, entrances, exits stairs, elevators and roadways other public portions of the Tradeport designated by Building, as well as the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion areas of the Lot, such portion being known as 200 International Drive, pursuant other portions of the Real Property that are pertinent to that certain Sublease dated April 5, 2001 by Tenant’s occupancy and between use of the PDA, as lessor, and Sublessor, as lessee Premises (as currently in effectcollectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseCommon Areas”). Sublessor represents Tenant shall comply with all recorded covenants, conditions and warrants restrictions, easements and reciprocal easement agreements (“CC&Rs”), currently or hereinafter affecting the Real Property and agrees that this Lease shall be automatically be subject and subordinate thereto; provided, however, that Tenant will not be required to Sublessee that a truecomply with, correct and complete copy of the 200 Ground this Lease is attached hereto as Exhibit C and that truewill not be subordinate to, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and CC&Rs created after the date hereofhereof which have a materially adverse effect on Tenant’s use of or access to the Premises or Parking Areas, Sublessor shall use its best efforts materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, except to (i) seek approval of this Lease and be designated the developer and lessee extent the same are mandated by law. All of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot windows and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 outside walls of the Premises and any space in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment used for shafts, stacks, pipes, conduits, ducts, electrical equipment or other utilities or Building facilities are reserved solely to Landlord and Landlord shall be subject to have rights of access through the prior written approval Premises for the purpose of Sublesseeoperating, not to be unreasonably withheld, conditioned or delayed. Upon execution of maintaining and repairing the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsame.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Premises. (a) Landlord does hereby demise, rent and lease to Tenant and Tenant does hereby accept, rent and lease from Landlord, approximately 183,084 rentable square feet located in the Building identified in the Summary (the “Premises”), situated on the real property described in Exhibit “A” attached hereto (the “Land”). The Premises consists is more particularly cross-hatched on the drawing attached hereto as Exhibit “A-1” and made a part hereof by reference. The Land and the improvements thereon are hereinafter collectively called the “Property”. (b) The Premises are demised, rented and let subject to (i) the rights of any persons or entities in possession of the Building to be constructed by remainder of the Sublessor in accordance with Property; provided, however, that Tenant shall have exclusive use of the terms hereof together with the right, appurtenant thereto to the Premises and non-exclusive use of the Common Facilities to be constructed by Areas as described below in Section 1(d), (ii) the Sublessor in accordance with existing state of title of the terms hereof Property, including all easements, agreements, covenants and restrictions affecting the Property, (iii) any state of facts which an accurate survey or physical inspection of the Property might show, (iv) all laws and legal requirements, and (v) the condition of the Premises and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion remainder of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion Property as of the land area designated Commencement Date, without representation or warranty by Landlord except as 160 International Drive otherwise set forth herein. (or such portion thereof as is necessary to construct the Building and Common Facilitiesc) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 has inspected the Premises and agrees to accept the same “AS IS,” “WHERE IS” “WITH ALL FAULTS” without representation or warranty except as more particularly described otherwise expressly set forth herein. Notwithstanding the foregoing, Landlord shall paint and carpet the existing offices in the hereafter defined Ground Lease Premises using Landlord’s standard building materials (the “TradeportLandlord Work”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority 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. (“PDA”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 at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee tenants (as currently in effectcollectively, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground LeaseCommon Areas”), subject to the Rules and Regulations (as defined in Section 13). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced Tenant may park cars in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land parking area designated depicted on Exhibit “A-1” as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 Tenant’s Car Parking Area during normal business hours on 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 amendmentexclusive basis, 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 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 Rules and conditions hereof)Regulations. Sublessee agrees that Tenant shall also have the Premises Ground Lease Amendment may include such additional land so long as (i) exclusive use of Tenant’s Truck Parking Area depicted on Exhibit “A-1” for 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 parking of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingtrucks, the forms, terms and conditions of the Premises Ground Lease Amendment shall be 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 approval consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to any of SublesseeLandlord’s easement rights over and relating to the Land, not nor shall Tenant have or obtain any rights to be unreasonably withheldthe Common Areas other than those rights specifically granted to Tenant in this Lease. Landlord shall have the sole right of control over the use, conditioned or delayed. Upon execution maintenance, configuration, repair and improvement of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include Common Areas. Landlord may make such other amendments changes to the Exhibits hereto use or configuration of, or improvements comprising, or maintenance of or repair to the Common Areas as is reasonably necessary Landlord may elect without liability to reflect Tenant, provided that Tenant’s access to the configuration of the Lot as approved by the PDAPremises shall not be materially impaired.

Appears in 1 contract

Sources: Industrial Lease Agreement (Farmmi, Inc.)

Premises. The “As-Is”; Initial Alterations. Except as otherwise provided herein, Tenant shall accept the Premises consists of the Building in their “as is” state and condition and, except as provided in Paragraphs 4.b. and 4.d. below, Landlord shall have no obligation to be constructed by the Sublessor make or pay for any improvements or renovations in accordance with the terms hereof together with the right, appurtenant thereto or to the exclusive use of Premises or to otherwise prepare the Common Facilities Premises for Tenant’s occupancy. The parties acknowledge that Tenant intends to be constructed by the Sublessor in accordance with the terms hereof make certain alterations and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) improvements (the “LotInitial Alterations)) to the Premises prior to commencing business therein. The construction of the Initial Alterations shall be governed by Paragraph 9 below. Without limiting the generality of the foregoing, the present, planned location and configuration of which are shown on Alteration Operations Fee provided for in Paragraph 9.a. below shall apply to the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area construction of the BuildingInitial Alterations, Common Facilities and Lot except that, with respect to the Initial Alterations only, the Alteration Operations Fee shall not exceed one percent (1%) of the cost of the Initial Alterations. In connection with the Initial Alterations, Landlord agrees that Tenant may utilize ▇▇▇▇ Architecture as its space planner, However, any other architects, space planners or engineers engaged by Tenant shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the Landlord’s prior written approval of Sublessee, (not to be unreasonably withheld). In addition, conditioned if Tenant desires to utilize an engineer other than Landlord’s designated Building engineers (the “Building Engineers”) for the preparation of mechanical, electrical and plumbing engineering drawings and Landlord approves Tenant’s requested engineer, Tenant acknowledges and agrees that it will pay the cost of review by the Building Engineers of all such mechanical, electrical and plumbing drawings, which shall be at market rates commensurate for what is charged by similar engineers for similarly-situated Class A office buildings similar to the Building, and in addition to the Alteration Operations Fee. The general contractor selected by Tenant to construct the Initial Alterations and approved by Landlord pursuant to Paragraph 9.a. below is referred to hereinafter as “Tenant’s Contractor.” In no event shall Tenant or delayedTenant’s Contractor be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been approved by Landlord pursuant to Paragraph 9.a. Upon execution below and Tenant has delivered to Landlord the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. If Landlord is prepared to deliver the Premises to Tenant, but Tenant is not given access to the Premises for the purposes of constructing the Initial Alterations because the conditions of the approved immediately preceding sentence have not been satisfied, then Landlord shall be deemed to have delivered the Premises Ground Lease Amendmentto Tenant on the date that Landlord was prepared to so deliver the Premises to Tenant and the Delivery Date will be deemed to have occurred on such date, Sublessor notwithstanding the fact that Tenant and Sublessee Tenant’s Contractor are not permitted access for purposes of construction until the aforementioned conditions are satisfied. Notwithstanding the foregoing, Tenant’s Contractor shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments be allowed access to the Exhibits hereto as is reasonably necessary Premises for purposes other than constructing the Initial Alterations provided the requisite insurance certificates have been delivered to reflect the configuration of the Lot as approved by the PDALandlord.

Appears in 1 contract

Sources: Office Lease (Salt Blockchain Inc.)

Premises. The Lessor hereby LEASES unto Lessee, the Premises consists of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall have the right, appurtenant without the necessity of obtaining Lessee's consent thereto or joinder therein (but subject to the exclusive terms of Section 22.3 below), to grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, PROVIDED THAT no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially adversely affect Lessee's use of the Common Facilities Premises for the Permitted Use. At any time during which Lessee is not the lessee of the entire Building, Lessor hereby reserves the right to be constructed by maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Sublessor in accordance with Premises. Lessee, its employees and invitees shall have access to the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresPremises at all times; provided that, which land area shall consist of if Lessor recaptures a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or Premises, such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot access shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofLessor's reasonable security procedures. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described Lessee shall be permitted to operate its business in the hereafter defined Ground Lease Premises outside of the Building hours (as set forth in Paragraph 1 of EXHIBIT D attached hereto), but if Lessor is managing the “Tradeport”). Sublessee Building, Lessee shall have pay to Lessor, as a right appurtenant Additional Rent, the cost of supplying services to the Premises, in common with as described on Exhibit D, at times other Tradeport tenants than such Building hours, such payment to be due and occupants and authorized users the right payable no later than thirty (30) days after Lessor gives written notice to use the entrances, exits and roadways Lessee of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amount 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcharges.

Appears in 1 contract

Sources: Lease Agreement (Transkaryotic Therapies Inc)

Premises. The Premises consists Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and subject to and with the benefit of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightterms, appurtenant thereto to the exclusive use covenants, conditions, agreements and provisions hereof, part of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Basement, First, Second and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Third Floors (the “LotPremises”), the present, planned location and configuration of which are as shown on the conceptual site plan Exhibit “B” attached hereto as Exhibit A. The parties agree that and made part of hereof, in the final location, configuration and area of building (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 ”) erected on the land located within the former at ▇▇▇ ▇▇▇▇▇▇ Air Force Base ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Land”), and as more particularly described in Exhibit “A” attached hereto and made a part hereof. For purposes of this Lease, the hereafter defined Ground Lease property (the “TradeportProperty)) shall mean the Land and all of the buildings now or hereafter located thereon. Sublessee Tenant shall have have, as a right appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the elevators, escalators, stairways, walkways, driveways and access roads necessary for access to the Premises and the parking areas, loading areas, trash enclosures, pedestrian sidewalks, landscaped areas, recreation areas and other Tradeport areas and facilities, if any, which are located on the Land and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building or improvements on the Land (the “Common Areas”). For purposes of this Lease, Tenant’s proportionate share (“Tenant’s Proportionate Share”) shall be calculated by dividing the total rentable area of the Premises (88,930 rentable square feet) by the total rentable area of the Building (182,106 rentable square feet). Landlord and authorized users Tenant acknowledge and accept the rentable square feet as set forth herein and neither Landlord nor Tenant shall have the right to use the entrances, exits and roadways demand remeasurement or recalculation of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 rentable square feet with respect to the Building and Common FacilitiesPremises or the Building. It is understood and hereby agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (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 Lease Commencement Date (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingas hereinafter defined), the forms, terms and conditions of the Premises Ground Lease Amendment Tenant’s Proportionate Share shall be subject equal to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA48.83%.

Appears in 1 contract

Sources: Lease Agreement (Immunogen Inc)

Premises. 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and subject to the covenants hereinafter set forth, to all of which Landlord and Tenant hereby agree, (a) the land described in Exhibit A hereto, together with all easements and other appurtenances thereto (the "Land), (b) all improvements now or hereafter located on the Land (the "Improvements"), including the two buildings described in the Basic Lease Information, (c) all of Landlord's right, title and interest in and to all fixtures and heating, ventilating, air conditioning, electrical, mechanical, plumbing, life safety and other building systems affixed or attached to the Land or the Improvements (collectively, the "Equipment"), and (d) all of Landlord's right, title and interest in and to the personal property described on Schedule I attached hereto (the "Personal Property"). The Premises consists Land, Improvements, Equipment and Personal Property are collectively referred to herein as the "Premises." Landlord hereby grants to Tenant an exclusive license (the "License,,) to use the following: (a) the contracts described on Schedule II attached hereto (the "Contracts"); and the permits described in Schedule III attached hereto (the "Permits"). The License is coupled with an interest, irrevocable and assignable or sublicensable by Tenant in connection with any permitted assignment or sublease of this Lease. The License shall automatically terminate, without notice to Tenant, upon the termination of this Lease, whether upon expiration of the Building Lease term or earlier. Tenant hereby assumes and agrees to be constructed by perform, at ▇▇▇▇▇▇'s sole expense, all obligations of Landlord under the Sublessor in accordance with Contracts and Permits during the terms hereof together with the right, appurtenant thereto to the exclusive use term of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereofthis Lease. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described further agrees during the entire term of the License to (x) keep the Contracts in full force and effect, unless Landlord otherwise consents in writing (which consent may be withheld in Landlord's sole discretion), until the hereafter defined Ground Lease expiration of any Contract by its own terms (the “Tradeport”). Sublessee shall have other than as a right appurtenant to result of a default by Tenant thereunder), and (y) keep the Premises, Permits in common with other Tradeport tenants full force and occupants and authorized users effect until the right to use the entrances, exits and roadways expiration of the Tradeport designated by Lease term. Tenant shall maintain the ▇▇▇▇▇ Development Authority (“PDA”) for common use at Personal Property in good condition and repair, except that Tenant may replace the Tradeport. Sublessor presently leases a portion Personal Property with personal property of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 comparable quality when consistent 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAprudent business practices.

Appears in 1 contract

Sources: Commercial Lease (Certified Grocers of California LTD)

Premises. The Premises consists Landlord leases to Tenant and Tenant leases from Landlord the Premises, subject to the covenants and conditions set forth in this Lease, for the Lease Term commencing on the Lease Commencement Date and expiring on the Expiration Date, unless extended or terminated earlier as otherwise provided in this Lease, as all such terms are hereinafter defined. Tenant shall be entitled to possession of the Building to be constructed by Premises as of the Sublessor in accordance with the terms hereof together with the rightLease Commencement Date, appurtenant thereto and shall yield possession to the exclusive use Landlord on the Expiration Date, except as otherwise expressly provided herein. For purposes of this Lease, the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area premises shall consist of a portion total of approximately 15,197 rentable square feet located on the land currently leased by Sublessor pursuant to the 200 Ground Lease first (defined below1st) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) floor (the “LotPremises), the present, planned location and configuration of which are shown ) as more particularly outlined on the conceptual site plan Exhibit “A” attached hereto and made part of hereof in the building commonly known as Exhibit 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 Lake Corporate Center (the “TradeportBuilding). Sublessee shall have as a right appurtenant to ) erected on certain land (the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the “Land”) located at ▇▇▇ ▇▇▇▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion ▇▇▇▇▇▇, Needham, Massachusetts, together with rights of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by ingress and between the PDA, as lessoregress thereto, and Sublessorwith the right in common with others to use, as lessee (as currently in effectto the extent applicable, the “200 Ground Lease” common passageways, stairways and as hereafter amended by vestibules, lobbies, hallways, entrances, stairs, and any passageways thereto, toilets, refuse facilities and other areas or facilities within the Premises Ground Lease AmendmentBuilding for the general use, the “Ground Lease”). Sublessor represents convenience and warrants to Sublessee that a true, correct benefit of Tenant and complete copy other tenants and occupants of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) the common pipes, ducts, vents, laboratory infrastructure, conduits, wires, telephone and electrical closets, and appurtenant equipment serving the Premises or to amend serve the 200 Ground Lease Premises upon completion of the Initial Improvements or later Alterations; the common walkways, sidewalks, landscaping, driveways and loading docks associated with the Building, and to include pass over and park on that portion of the Lot Land owned by Landlord and designated by Landlord on Exhibit “A” for Tenant’s parking. Tenant acknowledges and accepts the rentable square feet as set forth in this Lease and Tenant shall not presently leased have the right to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a nondemand re-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 measurement or recalculation 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 rentable square feet with respect to the Building and Common FacilitiesPremises or the Building. It is understood and agreed that Sublessor shall seek Landlord hereby reserves the right to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct re-measure the Building from time to time upon which the rentable square feet as set forth herein and Common Facilities Tenant’s Proportionate Share (as defined in order to allow Sublessor to construct Exhibit D) shall be adjusted accordingly, but in no event shall Fixed Rent or Additional Rent increase from 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 amounts set forth herein 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 the Ground Lease until the Delivery Effective Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 1 contract

Sources: Lease Agreement (Verastem, Inc.)

Premises. The Premises consists of (a) Subject to and upon the Building terms, covenants and conditions hereinafter set forth, Landlord leases to be constructed by Tenant and Tenant rents from Landlord those certain premises as set forth in the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof BASIC LEASE INFORMATION attached hereto and the land area appurtenant thereto comprising as approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that EXHIBIT A (the final location, configuration and area of "Premises") in 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 building located within the former at ▇▇▇ ▇▇▇▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease ▇▇▇▇▇▇, San Francisco, California (the “Tradeport”"Building"). (b) Tenant shall accept the Premises in their "as-is" condition; provided, however, Landlord, at its cost, shall complete the following work ("Tenant Improvements"): (i) Any operable windows, the electrical systems and the roof shall be in good working order and repair; (ii) The Common Areas shall be improved with Building standard finishes; (iii) A second restroom shall be installed on the second floor of the Building so there will be two (2) restrooms on the second floor; (iv) The restroom on the third floor of the Building shall be cleaned and painted; (v) A space heater shall be installed on the second floor; and (vi) Perform the work outlined on EXHIBIT B attached hereto. Sublessee Upon substantial completion of the Tenant Improvements, Tenant shall have as execute a right appurtenant to the written notice of its acceptance of Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the which shall be conclusive evidence that ▇▇▇▇▇▇ Development Authority (“PDA”) for common use at has accepted the Tradeport. Sublessor presently leases a portion Premises in good and satisfactory condition as of the Lot, date of such portion being known as 200 International Drive, pursuant notice and Landlord shall not be liable to Tenant for any defects in the Tenant Improvements thereafter. Landlord hereby discloses to Tenant that certain Sublease dated April 5, 2001 by and between the 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy western wall of the 200 Ground Lease Building is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 shared 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 building immediately adjacent to the Building and Common Facilitiessuch wall is an unreinforced masonry wall. It is understood The City and agreed County of San Francisco has declared that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building such walls are unsafe; and, Tenant on behalf of itself and Common Facilities in order to allow Sublessor to construct in the future, additional buildings its employees and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include invitees hereby accepts 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDArisk.

Appears in 1 contract

Sources: Lease Agreement (Embark Com Inc)

Premises. The Premises consists LESSOR hereby leases to the LESSEE a portion of that certain space (“the Building Tower Space”) on the LESSOR's water tower, hereinafter referred to be constructed by as the Sublessor “Tower”, located at Seaside Park, NJ, as shown on the Tax Map of Seaside Park as Block 5, Lot 17, as described in accordance Exhibit “A” (the entirety of LESSOR’s property is herein after referred to as “Property”), together with a lease area of 150 square feet (the terms hereof “Land Space”) sufficient for the installation of LESSEE's equipment cabinets or building; together with the non-exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a ( ) foot wide right, appurtenant thereto -of-way to the exclusive use Land Space. The Tower Space, Land Space, and Right of Way are substantially described in Exhibit "A" and Exhibit “C”, attached hereto and made a part hereof demised premises and are collectively referred to hereinafter as the Common Facilities to "Premises”. The Premises may be constructed used by LESSEE for the Sublessor in accordance with transmission and reception of radio communication signals and for the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresconstruction, which land area shall consist installation, operation, maintenance, repair, upgrade, removal or construction of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”related facilities, including antennas, cables, related ground equipment and/or cabinets), as described in the presentattached Exhibit B and depicted in the attached Exhibit C. All of LESSEE’s equipment or other property attached to or otherwise brought onto the Premises shall at all times remain personal property and are not considered fixtures, planned location and configuration at LESSEE’s option may be removed by LESSEE at any time during the term hereof or any renewal terms. Upon expiration or termination of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final locationthis Agreement, 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 agrees to repair any damage to the hereafter defined Ground Lease (Premises caused by LESSEE during the “Tradeport”)term of the Agreement, within 90 days from the date of expiration or termination of this Agreement, ordinary wear and tear and damage from the elements excepted. Sublessee In connection therewith, LESSEE shall have as a right appurtenant the right, at its sole cost and expense, to obtain electrical and telephone service from the Premisesservicing utility company, in common with other Tradeport tenants and occupants and authorized users including the right to use install a separate meter and main breaker, where required. LESSEE shall be responsible for the entrances, exits and roadways of electricity it consumes for its operations at the Tradeport designated normal rate charged by the servicing utility company. LESSEE and ▇▇▇▇▇▇ 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 agree that certain Sublease dated April 5, 2001 by and between the 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced if in the Exhibits or Schedules thereto have been delivered future an easement is required to Sublessee. From obtain electrical power, an acceptable location, at no cost to LESSEE, will be agreed to by LESSOR and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAservicing utility company.

Appears in 1 contract

Sources: Communications Lease Agreement

Premises. The Premises consists As of the Building Expansion Premises Commencement Date (as defined in Section 7(a) below), Landlord hereby leases to Tenant, and Tenant hereby accepts, the Expansion Premises, subject to and with the benefit of the terms, covenants, conditions, and provisions of the Lease, and the lease of the Expansion Premises by Tenant shall be on all of the terms, covenants and provisions of the Existing Lease, except as modified by this Amendment. The anticipated Expansion Premises Commencement Date is estimated to be constructed by May 15, 2019 (the Sublessor in accordance with “ Target Expansion Premises Commencement Date ”). From and after the terms hereof together with the rightExpansion Premises Commencement Date, appurtenant thereto all references to the exclusive use of the Common Facilities to be constructed by the Sublessor “Premises” in accordance with the terms hereof this Amendment and the land area appurtenant thereto comprising approximately five (5) acres, which land area Lease shall consist of a portion of the land currently leased by Sublessor pursuant be deemed to refer to the 200 Ground Lease (defined below) Existing Premises and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building Expansion Premises. Landlord and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 T▇▇▇▇▇ Air Force Base as more particularly described hereby acknowledge and agree that, notwithstanding anything to the contrary contained in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the PremisesExisting Lease, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From from and after the date hereofExpansion Premises Commencement Date, Sublessor the Third Floor Space and the Expansion Premises shall use be deemed to contain 15,259 rentable square feet in the aggregate. In addition to Landlord’s Expansion Premises Work, Landlord, at its best efforts to expense, shall deliver the Expansion Premises on the Expansion Premises Commencement Date (i) seek approval of this Lease free from asbestos-containing materials and any other materials recognized by law to be designated the developer and lessee of the land area designated as 160 International Drive (“hazardous” or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) “toxic,” (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leaseotherwise in compliance with all applicable laws and codes, (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 heating, ventilating and delivery of such amendmentair conditioning (HVAC), all as soon as reasonably practicableelectrical, plumbing, mechanical and fire/life safety systems serving the Expansion Premises in good working order, and (iv) vacant, free from personal property. The terms of such amendment Notwithstanding anything herein to the Ground Lease (the “Premises Ground Lease Amendment”) contrary, Tenant shall provide not be responsible for the addition costs and expenses incurred in connection with the removal or remediation of Hazardous Material that portion is not in compliance with applicable law as of the Lot not presently leased to Sublessor Expansion Premises Commencement Date and which is located in, on or under the Ground Lease Building or the Property prior to the premises currently leased thereunder Expansion Premises Commencement Date unless such Hazardous Material was brought on the same terms and conditions except for ground rent and construction obligations of Sublessor to the PDA with respect Property by Tenant or its agents. Landlord hereby represents that, to the Building and Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct its actual knowledge, there are currently no Hazardous Materials 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAExpansion Premises.

Appears in 1 contract

Sources: Lease (Mannkind Corp)

Premises. The Premises consists of Landlord hereby leases to Tenant the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightPremises, appurtenant thereto to the exclusive use of but excluding the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Area (as herein defined) and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a any other portion of the land currently leased by Sublessor pursuant to Building, the 200 Ground Lease Land, Property and/or the Project. Tenant (defined belowi) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and a (iii) waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall deliver the Premises broom clean and free of debris with the existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the land area designated as 160 International Drive Premises (or such but not the HVAC system serving the warehouse portion thereof as is necessary to construct of the Building and Common FacilitiesPremises, if any) (the “LotHVAC System”), the present, planned location and configuration of which are shown in good operating condition on the conceptual site plan attached hereto as Exhibit A. The parties agree Commencement Date and Landlord warrants that the final locationHVAC System shall continue to operate in good working order for the period ending on the date sixty (60) days after the Commencement Date (the “HVAC Warranty Period”), configuration except to the extent such failure in the HVAC System to operate in good working order is caused by Tenant’s use or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. If a non-compliance with the foregoing exists as of the Commencement Date, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance within thirty (30) days after the Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the HVAC Warranty Period, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance on or before the expiration of the HVAC Warranty Period, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, at Landlord’s sole cost and expense, Landlord shall perform the following improvements in the Premises prior to the Commencement Date (collectively, “Landlord Work”): (a) re-floor as floored areas in the office portion of the Premises; (b) repaint all painted walls in the office portion of the Premises; and (c) install LED high bay warehouse lights with motion sensors in the warehouse portion of the Premises. Tenant hereby acknowledges that the area of the 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Project set forth in the futureBasic Lease Information is approximate only, additional buildings and improvements (subject to the terms Tenant accepts 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend bound by such figures for all purposes in this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Premises. The Premises consists (a) Tenant hereby acknowledges that, except as set forth herein, the premises shall be delivered in an "as is" condition and that Landlord, except as may be expressly agreed by Landlord in writing as specified herein and in Exhibit D attached hereto, has no obligation to alter, repair, renovate, or render fit for Tenant's occupancy, any part of the premises. Landlord reserves to itself the use of the roof, exterior walls and the area above and beneath the premises, together with the right to install, maintain, use, repair and replace plumbing, telephone facilities, equipment, machinery, connections, pipes, ducts, conduits, and wires leading through the premises and serving other parts of the Building in a manner and in locations which will not unreasonably interfere with Tenant's use. (b) In the event Landlord determines to be constructed by permit early occupancy of the Sublessor premises and, therefore, informs Tenant in accordance with writing that the terms hereof together with the right, appurtenant thereto premises are ready for occupancy prior to the exclusive use date set forth in the Basic Lease Information for the commencement of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion term of the land currently leased Lease, Tenant shall have the right to take early occupancy of the premises on such date as Landlord and Tenant shall agree, and notwithstanding the provisions of paragraph 4 below, the term of the Lease shall commence upon such occupancy. (c) The occupancy by Sublessor pursuant Tenant of the premises shall constitute an acknowledgment by Tenant that the premises are then in good, sanitary and tenantable condition and repair. Notwithstanding the foregoing, Landlord represents and warrants, to the 200 Ground Lease (defined below) and a portion best of its knowledge without inquiry, to Tenant that, as of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”)Commencement Date, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common including any improvements made by Landlord, shall be incompliance with other Tradeport tenants all laws and occupants and authorized users the right to 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 PDA, as lessorregulations, and Sublessor, as lessee (as currently built in effect, a good and workmanlike manner with good materials and the “200 Ground Lease” equipment and as hereafter amended by Building services serving the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAin good working order.

Appears in 1 contract

Sources: Lease Agreement (Cellular Technical Services Co Inc)

Premises. The Premises consists All claims for damages by reason of such reentry and/or repossession and/or alteration of locks or other security devices are hereby waived, provided the Building to be constructed by the Sublessor same is performed substantially in accordance with the terms hereof together with the rightall applicable laws, appurtenant thereto as all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process, to the exclusive use of extent permitted by law. Tenant agrees that any reentry by Landlord may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the Common Facilities to necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be constructed by liable in trespass or otherwise, provided the Sublessor same is performed substantially in accordance with all applicable laws. In the terms hereof event Landlord elects to terminate the Lease by reason of an event of default then notwithstanding such termination, Tenant shall be liable for and shall pay to Landlord, at the land area appurtenant thereto comprising approximately five (5) acresaddress specified for notice to Landlord herein, which land area shall consist the sum of a all rental and other indebtedness accrued to date of such termination, plus, as damages, an amount equal to the total rental hereunder for the remaining portion of the land currently leased Lease term (had such term not been terminated by Sublessor pursuant Landlord prior to the 200 Ground date of expiration as stated herein) less the Market Base Rental Rate (determined in accordance with Section 32.10 hereof) for such remaining term (net of all reasonably estimated costs of re-leasing for such remaining term). In the event that Landlord elects to repossess the Premises without terminating the Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified for notice to Landlord herein, all rental and other indebtedness accrued to the date of such repossession, plus rent required to paid by Tenant to Landlord during the remainder of the Lease term until the date of expiration of the term as stated herein diminished by any net sums thereafter received by Landlord through relenting the Premises during such period (defined after deducting expenses incurred by Landlord as provided below) ). In no event shall Tenant be entitled to any excess of any rental obtained by reletting over and above the rental herein reserved. Actions to collect amounts due by Tenant to Landlord under this subparagraph may be brought from time to time, on one or more occasions, without the necessity of Landlord's waiting until expiration of the Lease term. In the event of any default or breach by Tenant, not cured within any applicable grace period, Tenant shall also be liable and shall pay to Landlord, in addition to any sums provided to be paid above, broker's fees incurred by Landlord in connection with reletting the whole or any part of the Premises; the costs of removing and storing Tenant's or other occupants' property; the costs of repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants; and all reasonable expenses incurred by Landlord in enforcing or defending Landlord's rights and/or remedies, including reasonable attorney's fees whether suit was actually filed or not. In the event of termination or repossession of the Premises for an event of default, Landlord shall not have any obligation to relet or attempt to relet the Premises or any portion thereof, or to collect rental after reletting; and in the event of reletting, Landlord may relet the whole or any portion of the land area designated Premises, or let the Premises as 160 International Drive part of a larger premises, for any period to any tenant and for any use or purpose. If Tenant shall fail to make any payment or cure any default hereunder within the time herein permitted, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account of Tenant (or and enter the Premises for such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”purpose), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot thereupon Tenant shall be subject obligated to, and hereby agrees to approval pay Landlord upon demand all reasonable costs, expenses and disbursements, including reasonable attorney's fees incurred by Landlord in taking such remedial action. Landlord is entitled to accept, receive in cash or deposit any payment made by Tenant for any reason or purpose or in any amount whatsoever, and apply the same at Landlord's option to any obligation of Sublessor Tenant and Sublessee in accordance with Article 3 the same shall not constitute payment of any amount owed except that to which Landlord has applied the same. No endorsement or statement on any check or letter of Tenant shall be deemed an accord and Exhibit D hereofsatisfaction or recognized for any purpose whatsoever. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”)acceptance of any such check or payment shall be without prejudice to Landlord's rights to recover any and all amounts owed by Tenant hereunder and shall not be deemed to cure any other default nor prejudice Landlord's rights to pursue any other available remedy. Sublessee shall have as a right appurtenant Notwithstanding anything to the Premisescontrary contained in this Lease, in common with other Tradeport tenants and occupants and authorized users the right Landlord agrees to 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 reasonable efforts to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently mitigate its damages however in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor no event shall use its best efforts Landlord be required to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) lease space for less than market rates applicable for comparable space in first-class Buildings in Briargate Business Campus in Colorado Springs, Colorado, (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, expend any sums or (iii) lease the Premises prior to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee any other available space 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 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 building owned by Landlord or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions an affiliated entity of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALandlord.

Appears in 1 contract

Sources: Office Lease (Sm&a Corp)

Premises. The Premises consists (a) This Lease shall be effective as between Landlord and Tenant as of the Building full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed by the Sublessor in accordance with the terms “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof together with by this reference. As hereinafter used in this Lease, the right, appurtenant thereto term “Building” shall refer to the exclusive use of entire structure in which the Common Facilities Premises are located, the term “Lot” shall refer to be constructed by the Sublessor in accordance with Assessor’s tax parcel on which the terms hereof Building is situated, and the land area appurtenant thereto comprising approximately five (5) acresterm “Project” shall collectively refer to the Lot, which land area shall consist of a portion the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of the land currently leased below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by Sublessor pursuant the Scheduled Lease Commencement Date. Prior to the 200 Ground Lease Date, Landlord and Tenant have agreed upon certain project plans (defined below) and a portion of the land area designated “Project Plans”), attached hereto as 160 International Drive (or such portion thereof as is necessary Exhibit A-l. Landlord agrees to construct the Building in compliance with the Project Plans and Common Facilitiesall applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “LotBOMA Standard”), ) to determine the present, planned location rentable area and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and usable area of the BuildingPremises. Based on such measurement, Common Facilities the Base Rent, and Lot Tenant Improvement Allowance shall be subject proportionately adjusted; provided, however, that in no event (i) will such measurement result in a Rent increase to approval Tenant of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot more than two percent (2%), or (ii) will the rentable area of the Premises be more than twelve percent (12%) greater than the “Office Area” (as that term is located within the former ▇▇▇▇▇ Air Force Base as more particularly described defined in the hereafter defined Ground Lease BOMA Standard) of the Premises (the “Tradeport”). Sublessee shall have difference, expressed as a right appurtenant to percentage of the Office Area of the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessor, Premises’ rentable area 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 Office Area of the Premises in accordance with is hereinafter referred to as the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA“Load Factor”).

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. The Premises consists (a) Licensor hereby grants to Licensee the following rights (collectively, the “License”): (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”, including one or more antennas at a centerline height of 310 feet above ground level on the Building to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresTower, which land area shall consist is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a eight (8) square foot portion of the land currently leased by Sublessor pursuant to Property identified as the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) operations site on Exhibit “B” attached hereto (the “Lot”)space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 “Premises”. (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premisesb) Licensor also grants Licensee, in common with other Tradeport tenants and occupants and authorized users the right Permittees entitled to use the entrancessame, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 exclusive reasonable rights of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and Sublessee in substantially any Renewal Term (as hereinafter defined) for the form purpose of Exhibit J attached hereto installing and maintaining the equipment (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicablehereinafter defined). The terms of such amendment access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the 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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct Premises, as well as other provision contained in the future, additional buildings Agreement. (c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and improvements (subject to the terms and conditions hereof). Sublessee agrees that is has visited and inspected the Premises Ground Lease Amendment may include such additional land so long as (i) and hereby accepts the Ground Lease is not terminable physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the Lot should Sublessor fail condition or suitability of the Premises, including Tower or as to construct improvements any engineering or other than operational data. Licensee is solely responsible for determining all aspects as the Building suitability, acceptability, accuracy 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 adequacy of the Premises for Licensee’s intended use. (d) Licensor shall have the right, with no less that thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Premises to another area within the Property, at Licensee’s sole cash expense, provided, however, that the area to which the Premises are relocated, wheter in accordance with the terms hereof. Sublessor agrees that it shall not commence construction building or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant Tower, shall be substantially similar in size and functionality to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.

Appears in 1 contract

Sources: Communications Site License Agreement (Skybridge Wireless Inc)

Premises. The Premises consists (a) As of the Commencement Date, Tenant is a corporation spun off from BD and Tenant occupies certain space within the building (the “Building”) located on the real property having an address at [* * *] Holdrege, NE (the “Property”), which Property is depicted on the site plan set forth on Exhibit B. The space occupied by Tenant within the Building on the Commencement Date is shown on Exhibit A. Landlord and Tenant desire that certain alterations and improvements to space within the Building be constructed made to achieve the separation of the operations of Tenant from the operations of Landlord (“Separation Work”) and at the end of such Separation Work, the premises within the Building demised to Tenant under this Lease shall be as depicted on Exhibit B. On the Commencement Date, the premises demised to Tenant under this Lease shall be the space within the Building that is now currently occupied by the Sublessor in accordance with the terms hereof Tenant, together with the rightnon-exclusive right to use the driveways, appurtenant thereto to the exclusive use of the parking areas and Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease Areas (defined below) and a portion on the Property. In the performance of the land area designated Separation Work within the Building, Landlord shall take into consideration Tenant’s use of and operations in the Premises and use all commercially reasonable efforts to minimize disruption to Tenant’s operations. Tenant agrees to cooperate in good faith with Landlord in achieving the Separation Work. Landlord and Tenant shall designate in writing the name of their respective representatives for the purposes of communications regarding the Separation Work. For purposes hereof, the term “Premises” shall mean, as 160 International Drive (or such portion thereof as is necessary to construct applicable, the initial space occupied by Tenant in the Building and Common Facilitiesthe final space depicted on Exhibit B to be occupied by Tenant after completion of the Separation Work. (b) Landlord and Tenant shall cooperate in good faith with each other to complete the Separation Work, including Landlord and Tenant engaging in regular cadence of meetings and Landlord ensuring Tenant is promptly apprised of any significant developments as soon as reasonably possible (collectively, the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “TradeportSeparation Work Communications”). Sublessee shall have as a right appurtenant In furtherance of the foregoing mutually cooperation, Landlord may make changes to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 Separation Work that certain Sublease dated April 5, 2001 by and between the 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee do not materially impair Tenant’s use of the land area designated as 160 International Drive (or such portion thereof as comprises Premises for the Lot and is otherwise necessary to construct the Building and Common Facilities) Permitted Purpose, (ii) to amend do not materially alter the 200 Ground Lease to include that portion of the Lot plans set forth on Exhibit B, including, but not presently leased to Sublessor under the 200 Ground Leaselimited to, customary “field” changes, (iii) are required by any governmental authority, and (iv) are required to cause the PDA address an unforeseen circumstance arising during construction (collectively, “Landlord Permitted Changes”). If Landlord desires 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 make any change to the Ground Lease (the “Premises Ground Lease Amendment”) Separation Work which does not constitute a Landlord Permitted Change, Landlord shall provide for the addition of obtain Tenant’s written consent to such change; provided that portion of the Lot not presently leased Tenant’s consent 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 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 change shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution Tenant shall be deemed to have granted its consent to any such change if Tenant fails to deliver, within five (5) Business Days following receipt of Landlord’s notice of the approved Premises Ground Lease Amendmentproposed change, Sublessor and Sublessee shall amend this Lease as necessary a written notice to reflect Landlord objecting in reasonable detail the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration specific elements of the Lot as approved by proposed change that Tenant asserts (y) do not constitute a Landlord Permitted Change and (z) are objectionable and the PDAreasons why, provided, however, if Tenant requests in writing within the initial five (5) Business Day period, Tenant may have an additional five (5) Business Days to provide Landlord such written response. As used in this Lease, the term “Business Day” shall mean any day other than a Saturday, Sunday, or federal holiday.

Appears in 1 contract

Sources: Lease Agreement (Embecta Corp.)

Premises. The Premises consists Pursuant to the provisions of Paragraph 29 of the Building to be constructed by Lease, effective the Sublessor in accordance with earlier of October 1, 2002 or the terms hereof together with the right, appurtenant thereto to the exclusive use date Landlord delivers possession of the Common Facilities Expansion Premises to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five Tenant (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”"Expansion Premises Commencement Date"), the presentPremises shall be expanded to include Suites 120 and 160, planned location and configuration of which are shown containing approximately 23,563 rentable square feet as depicted on the conceptual site plan floor plans attached hereto, marked Exhibit "A" and by this reference made a part hereof (the "Expansion Premises"), for a total in the Premises of approximately 131,139 rentable square feet. Beginning on the Expansion Premises Commencement Date, the"Premises," as that term is defined in the Lease, shall be amended to mean and include the Expansion Premises and, subject to the terms of this Amendment, the demise of the Expansion Premises shall be subject to each and every term, provision and condition set forth in the Lease as if the Expansion Premises were originally demised thereunder. Notwithstanding the foregoing, Tenant acknowledges that Kirkham Michael & Associat▇▇, ▇▇▇. (▇▇▇ Current Tenant") currently leases the Expansion Premises, with such lease expiring on September 30, 2002. Should the Current Tenant holdover and not vacate the Expansion Premises prior to the Expansion Premises Commencement Date, Landlord will not be liable to Tenant for any damages suffered by Tenant as a result of such holdover. However, in such event, Landlord will use reasonable efforts to pursue its legal remedies to evict the Current Tenant from the Expansion Premises. Alternatively, in the event that the Current Tenant vacates the Expansion Premises prior to the expiration of its lease therefor, Landlord shall deliver possession of the Expansion Premises earlier than October 1, 2002. Tenant hereby represents and warrants to Landlord that Tenant shall not engage in any discussions with the Current Tenant concerning early termination of the Current Tenant's premises, or related issues, without Landlord being present. Landlord and Tenant agree that upon delivery by Landlord to Tenant of the Expansion Premises, the parties will execute a Commencement Date Certificate in the form attached hereto as Exhibit A. The parties agree that "C" confirming 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 (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Expansion Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Commencement Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.

Appears in 1 contract

Sources: Lease (Data Transmission Network Corp)

Premises. The Premises consists (a) Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the term, at the rental and upon all of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightand conditions set forth herein, appurtenant thereto to the exclusive use those certain premises consisting of the Common Facilities to be constructed by area outlined and cross hatched on the Sublessor in accordance with plans attached hereto as Exhibit B-1 and B-2 (the terms hereof and the land area appurtenant thereto comprising approximately five (5"Primary Premises") acres, which land area shall consist of which-is a portion of that certain building (the land currently leased by Sublessor pursuant "Building") located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ of Los Angeles, State of California. (b) On the condition that the present tenant, to wit: TRW, vacates the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct warehouse space located within the Building and Common Facilities) (the “Lot”), the present, planned location outlined and configuration of which are shown cross-hatched on the conceptual site plan attached hereto as Exhibit 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 B-3 (the “Tradeport”"TRW Warehouse Space"). Sublessee shall have as a right appurtenant , Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, for the Premisesterm, in common with other Tradeport tenants and occupants and authorized users the right to 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 rental and upon all of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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)set forth herein the TRW Warehouse Space. Sublessee agrees that In this connection Lessor has prior to the Premises Ground execution of this Lease Amendment may include served a thirty (30) notice on TRW to vacate the TRW Warehouse Space, Lessor shall have no other obligation with regard to such additional land so long space other than to lease the space to Lessee pursuant to the terms of this Lease if, as (i) and when it becomes available. In the Ground event TRW fails to vacate such space this Lease is not terminable shall continue in full force and effect as to the Lot should Sublessor fail Primary Premises and Lessor shall have no liability to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion Lessee as a consequence of such additional land area will not result failure. In the event TRW vacates the TRW Warehouse Space and as a consequence Lessor leases the same to Lessee as above provided, when Lessor makes the TRW Warehouse Space available to Lessee for occupancy the term "Premises" as used in any delay in this Lease shall mean the permitting or construction of the Primary Premises in accordance together with the terms hereofTRW Warehouse Space. Sublessor agrees that it shall In the event TRW does not commence construction or development of any additional buildings or improvements on vacate the premises demised TRW Warehouse Space and Lessor only leases the Primary Premises to Sublessor (or any affiliate thereof) under or Lessee pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingthis Lease, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend term "Premises" as used in this Lease as necessary to reflect shall mean the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPrimary Premises.

Appears in 1 contract

Sources: Lease Agreement (Inetvisionz Com Inc)

Premises. The Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises consists described in Article 1d., subject, nevertheless, to all of the terms and conditions of this Lease. Calculation of the actual Rentable Area of the Premises and Building shall be performed by Landlord's architect, which calculation shall be conclusive and binding upon Landlord and Tenant. Except as used in Sections 9, 11(b), 20, 21, 44, 46 and 64, the term "Building" shall mean the structure in which the Premises are located. Tenant acknowledges that Landlord is contemplating constructing, although is not obligated to be constructed by construct, buildings and improvements on the Sublessor Parcel in accordance with the terms hereof together with the right, appurtenant thereto addition to the exclusive use of Building in which the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which Premises are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereoflocated. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users Landlord reserves the right to construct such additional buildings and improvements, if any, in phases, and to modify the design, size, location, and use of such additional buildings and improvements. As used in this Lease, the entrancesterm "Parcel" shall beam the parcel of land described on Exhibit "B" annexed hereto, exits and roadways as the same may be subdivided from time to time, in which event "Parcel" shall mean all of the Tradeport designated by subdivided parcels. Landlord reserves the ▇▇▇▇▇ Development Authority right to subdivide the Parcel from time to time into two (“PDA”2) for common use at more parcels in such manner as Landlord determines. For purposes of references, a site plan (the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease "Site Plan") is attached hereto as Exhibit C and that true"B", correct and complete copies of any documents or plans referenced in showing the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee general location of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct upon which the Building containing the Premises is located, the location of the Exterior Common Area, and Common Facilities) (ii) to amend the 200 Ground Lease to include remainder of the Parcel. The land comprising that portion of the Lot not presently leased Parcel on which the Building containing the Premises is located is depicted on the Site Plan, and is hereinafter referred to, as the "Phase I Pad". The portion of the Parcel other than the Phase I Pad and the Exterior Common Area is depicted on the Site Plan, and is hereinafter referred to, as the "Phase II Pad". The Parcel, building and all other improvements now or hereafter located on the Parcel, if any, are herein sometimes referred to Sublessor under as the 200 Ground "Project". Tenant acknowledges that as currently contemplated by Landlord, the first floor of the Building will be devoted to retail use and the second through fifth floors of the Building will be devoted to office use; provided, however, that nothing in this Lease shall be deemed to require Landlord to utilize the Building at any time during the term of this Lease as currently contemplated by Landlord. As used in this Lease, (iii) the term "Retail Space" shall refer 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 Building leased to, or intended to Sublessor lease to, retail tenants from time to time, and the term "Office Space" shall mean and refer to that portion of the Building leased to, or intended to be leased to, office tenants from time to time. Tenant acknowledges that Landlord may from time to time reconfigure the location of buildings, driveways, landscaped areas and other improvements within the Project. "Exterior Common Area" is defined in Article 55. This Lease is subject to all of the terms, covenants and conditions set forth in this Lease. Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions to be kept by Tenant under the 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDALease.

Appears in 1 contract

Sources: Office Lease (QCS Net Corp)

Premises. The Premises consists of the Building (a) Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof Tenant and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of Tenant leases -------- from Landlord a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion Project Property, consisting of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown that certain real property depicted on the conceptual site plan Plot Plan attached hereto as Exhibit A. The parties agree that A, and all structures, buildings and all appurtenances, hereditaments, and easements thereon, including the final locationgreenhouse and packing facility to be constructed thereon (collectively, configuration and area the "Premises"). (b) In addition, Landlord hereby grants Tenant a nonexclusive easement for the Term of this Lease for the use of the Building, Common Facilities auxiliary equipment the Project building located on Property 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 depicted on the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is Plot Plan attached hereto as Exhibit C B (the "Auxiliary Building") for the purpose of access to and repair, maintenance and replacement of the emergency boilers, the fertilizer/irrigation system and any other equipment under the control of Tenant relating to the operation of the Premises and located in the Auxiliary Building. (c) The Premises shall consist of an approximately 18-acre greenhouse facility and an approximately 12,000 square feet packing facility (which facility will include packing, storage and office facilities). It is the parties' intention that the Premises consist of the greenhouse and the packing facility to be constructed on the Project Property approximately in the location depicted on Exhibit A attached hereto and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee definition of "Premises" herein shall cover all such facilities, even if not constructed in the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 exact location depicted on Exhibit J A 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 Facilitieshereto. It is understood and agreed also the parties' intention that Sublessor shall seek the easement to amend use the 200 Ground Lease Auxiliary Building granted pursuant to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct paragraph 1(b) above cover such building even if not constructed in the futureexact location depicted on Exhibit B attached hereto. At such time as the greenhouse facility, additional buildings packing facility and improvements (subject Auxiliary Building have been constructed Landlord and Tenant shall enter into an amendment to this Lease incorporating the terms description of the greenhouse and conditions hereof). Sublessee agrees that packing facility set forth on such survey as the description of the Premises Ground Lease Amendment may include and the description of the auxiliary building set forth on such additional land survey as the description of the Auxiliary Building. (d) Landlord warrants that so long as (i) Tenant is not in default hereunder, Tenant shall have peaceful and quiet use and possession of the Ground Premises, subject to any mortgage and all matters of record or other agreements to which this Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay in the permitting or construction of the Premises in accordance with the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall hereafter may be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAsubordinated.

Appears in 1 contract

Sources: Greenhouse Lease Agreement (Colorado Greenhouse Holdings Inc)

Premises. The Premises consists of the Building Subject to be constructed by the Sublessor and in accordance with the terms hereof together with provisions hereof, Landlord leases to Tenant and Tenant leases from Landlord the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area Premises as designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area Rentable Area of the Building, Common Facilities Premises and Lot Building for all purposes shall be subject to approval of Sublessor as set forth in Section 1(c) and Sublessee in accordance with Article 3 and Exhibit D hereof1(d), respectively. The Lot is located within Rentable Area of the former ▇▇▇▇▇ Air Force Base Premises includes a pro-rata portion of all Common Areas. Tenant agrees that, except as more particularly expressly stated herein and in the Work Letter, if any, attached to this Lease, no representations or warranties relating to the condition of the Project or the Premises and except as otherwise expressly provided in this Lease, no promises to alter, repair or improve the Premises have been made by Landlord. Except as otherwise expressly provided in this Lease or any Work Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that, except for the “Authorized Use” described in Section 3 of this Lease, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant's taking possession for the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to purposes of conducting business, the Premises, in common with other Tradeport tenants and occupants and authorized users including all Initial Improvements shall be deemed accepted by Tenant. Tenant shall also have the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amendmentexclusive right, 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 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), to use the Common Areas of the Project. Sublessee agrees Tenant acknowledges that the Premises Ground Lease Amendment Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include such additional land so 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, as long as (i) the Ground Lease is not terminable as Premises remain reasonably accessible; and to the Lot should Sublessor fail temporarily suspend access 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 portions of the Premises Common Areas, if Landlord determines, in accordance with the terms hereof. Sublessor agrees its sole discretion, that it shall not commence construction such suspension is necessary to perform its repair or development of any additional buildings or improvements on the premises demised to Sublessor (maintenance obligations under this or any affiliate thereof) under other agreement or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoingcomply with any applicable Laws, the forms, terms and conditions of as long as the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is remain reasonably necessary to reflect the configuration of the Lot as approved by the PDAaccessible.

Appears in 1 contract

Sources: Lease Agreement (UBL Interactive,Inc.)

Premises. The Landlord leases the Premises consists to Tenant, subject to the provisions of this Lease. Except as otherwise expressly provided in this Lease, upon Tenant’s commencing occupancy of the Building Premises, Tenant shall be deemed to be constructed by have accepted the Sublessor same in accordance their condition existing as of the date of such commencement of occupancy and subject to all applicable municipal, county, state and federal statutes, laws, ordinances, including zoning ordinances, and regulations governing and relating to the use, occupancy or possession of the Premises. Tenant acknowledges that the only warranties and representations Landlord has made in connection with the terms hereof together with physical condition of the right, appurtenant thereto to the exclusive Premises or Tenant’s use of the Common Facilities same upon which Tenant has relied directly or indirectly for any purpose, if any, are those expressly provided in this Lease. TENANT ACKNOWLEDGES THAT IT HAS (OR WILL HAVE BY SEPTEMBER 15, 2006) FULLY INSPECTED AND ACCEPTS THE PREMISES IN THEIR PRESENT CONDITION, AND TENANT WARRANTS AND ACKNOWLEDGES TO AND AGREES WITH LANDLORD THAT TENANT IS LEASING THE PREMISES IN AN “AS IS, WHERE IS” PHYSICAL CONDITION “WITH ALL FAULTS” AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE OR TYPE WHATSOEVER FROM OR ON BEHALF OF THE LANDLORD, EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE. Tenant shall perform an inspection of the Premises and its appurtenant systems and fixtures prior to September 15, 2006, and shall provide Landlord with written notice of any reasonable and material objection that it has regarding such physical condition of the Premises and its appurtenant systems and fixtures (giving due consideration towards the age of the Premises, and ordinary wear and tear thereto; provided that such consideration shall not prevent Tenant from making an objection with respect to the Premises and its appurtenant systems and fixtures, or any portion thereof, that is not in reasonably good and safe operating condition and repair) discovered during its inspection on or before such date. If Landlord cannot or will not cure any or all of Tenant’s objections, Landlord shall provide Tenant with written notice of such intention within three (3) business days of Tenant’s notice; otherwise, Landlord shall be constructed deemed to have elected to cure Tenant’s objection to Tenant’s reasonable satisfaction. In the event that Landlord elects not to give or fails to give such notice and further fails to cure Tenant’s objections, to Tenant’s reasonable satisfaction, or if Seller gives such notice, then Tenant may, at its option, either (i) terminate this Lease by written notice thereof to Landlord prior to the Commencement Date, whereupon neither party shall have any further obligation to the other under this Lease, or (ii) proceed to the Commencement Date, in which event there shall be no abatement in rent or other terms (except as may be mutually agreed by the Sublessor parties). In the event that Tenant does not exercise the option described in accordance with the terms hereof and the land area appurtenant thereto comprising approximately (i) above within five (5) acresbusiness days of any notice by Landlord that it cannot or will not cure an objection, which land area then Tenant shall consist be conclusively deemed to have elected option (ii) above. Landlord retains risk of a loss to the Premises prior to the Commencement Date, except to the extent caused by the negligence or willful misconduct of Tenant or its employees, agents, contractors and consultants. If prior to the Commencement Date, all or any portion of the land currently leased Premises is damaged or destroyed by Sublessor pursuant fire or other casualty prior to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”). Sublessee shall have Commencement Date as a right appurtenant result of events or circumstances other than the negligence or willful misconduct of Tenant or its employees, agents, contractors and consultants, which damage or destruction will result in a material disruption to Tenant’s planned operations at the Premises, in common with other Tradeport tenants Tenant’s reasonable judgment, then Tenant shall give prompt written notice to Landlord, and occupants and authorized users the right to use the entrances, exits and roadways either of the Tradeport designated parties may, at their option, terminate this Lease by written notice to the ▇▇▇▇▇ Development Authority other within ten (“PDA”10) for common use at days of Tenant’s notice to Landlord, whereupon neither party shall have any further obligation to the Tradeportother under this Lease. Sublessor presently leases a portion In the event that neither of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effectparties terminate this Lease, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy provisions of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Article 9 shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAcontrol.

Appears in 1 contract

Sources: Warehouse Lease (Pizza Inn Inc /Mo/)

Premises. The Premises consists 2.1. In consideration of the Building Rent hereby reserved and the covenants herein contained and on the part of Lessee to be constructed by the Sublessor in accordance with the terms hereof together with the rightpaid, appurtenant thereto performed and observed, and expressly subject to the exclusive use provisions of Section 2.5 below, Lessor does hereby demise and lease unto Lessee, and Lessee hereby hires from Lessor, the Premises, for the Initial Term, unless sooner terminated pursuant to any provision of this Lease or pursuant to law. 2.2. It is agreed, stipulated and understood that Lessee is currently in sole occupation of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acresentire Premises, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion an Agreement of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) Sublease (the “LotSublease) dated as of August 1, 1990 and made by and between National Semiconductor Corporation (“NSC”) and Lessee, which Sublease expires as of August 30, 1995 and that accordingly Lessee hereby accepts the Premises absolutely and irrevocably in an “as is” and “with all faults” condition, and Lessee hereby expressly warrants and stipulates that except as may be hereinafter set out, neither Lessor, nor any agent or employee of Lessor has made any representation or warranty of any description whatsoever with respect to the Premises or any matters or circumstances related to or affecting the same, and Lessee’s execution and delivery of this Lease is and shall at all times be construed as resulting solely from Lessee’s independent knowledge of the Premises, provided that nothing in this Section 2.2 shall be construed as limiting Lessor’s obligations pursuant to Section 2.4 and Section 9 below. 2.3. Prior to the Lessee’s Initial Work Completion Date, Lessee shall, at Lessee’s sole cost and expense, perform and complete in a good and workmanlike manner, Lessee’s Initial Work. 2.4. Prior to the Commencement Date (but subject to Lessee’s compliance with the provisions of Section 2.3 above), Lessor shall, at Lessor’s sole cost and expense, perform and complete in a good and workmanlike manner, Lessor’s Work. In the presentevent that Lessee shall fail to complete Lessee’s Initial Work prior to the Lessee’s Initial Work Completion Date, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final locationthen without in any way reducing or otherwise modifying Lessee’s obligations hereunder, configuration and area of the Building, Common Facilities and Lot Lessor shall be entitled to a period of time following the Commencement Date for the completion of Lessor’s Work which is equal to the number of days between the Lessee’s Initial Work Completion Date and the date upon which the completion of Lessee’s Initial Work actually occurs. 2.5. Notwithstanding any other provision herein contained, it is hereby expressly agreed, stipulated and understood that this Lease and all rights, duties and liabilities hereunder are entirely subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former receipt by Pullman & ▇▇▇▇▇▇ Air Force Base as more particularly described (“Escrowee”) of the sum of One Million Dollars ($1,000,000.00) in the hereafter defined Ground Lease immediately available funds from NSC (the “TradeportRestoration Sum”). Sublessee shall have as , which Restoration Sum represents the monies referred to in a right appurtenant certain Tri-Partite Agreement to be executed by NSC, Lessor and Lessee and delivered together with the Premises, in common with other Tradeport tenants and occupants and authorized users Restoration Sum (the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (PDAAgreement) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect), the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy form of the 200 Ground Lease which Agreement is attached hereto as Exhibit C E and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublesseemade a part hereof. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee Upon Escrowee’s receipt of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot Restoration Sum and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 amendmentthe Agreement by all parties thereto, all as soon as reasonably practicable. The terms of such amendment Escrowee shall deliver $250,000.00 to Lessor, which amount shall be deemed earned by Lessor uopn receipt, and shall retain the Ground Lease (remaining $750,000.00 representing 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 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 Escrow Sum” pursuant to the Ground Lease until provisions of the Delivery DateEscrow Agreement made of even date herewith by and among Lessor, Lessee and Escrowee, a copy of which is attached hereto as Exhibit F and made a part hereof. Subject The Escrow Sum shall be disbursed as provided in the Escrow Agreement. In the event that the provisions of this Section 2.5 are not satisfied by January 17, 1995, then either Lessor or Lessee may, at their option, deliver written notice to the foregoingother canceling this Lease, the formsand upon receipt of such notice, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof shall automatically terminate so that this Lease shall thereafter be null and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration void and of the Lot as approved by the PDAno further effect, and neither Lessor nor Lessee shall have any further rights, duties and liabilities hereunder.

Appears in 1 contract

Sources: Lease Agreement (Atmi Inc)

Premises. The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises consists known as Tenancy No. XX-XXXXXX-XXXX-XX, located XXXX in the City of the Building to be constructed by the Sublessor in accordance with the terms hereof together with the rightXXXX, appurtenant thereto to the exclusive use State of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the California, said land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are interest therein being shown on the conceptual site plan map or plat marked Exhibit “A," attached hereto as Exhibit 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 by this reference made a part hereof. The Lot is located within California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease property being leased has undergone inspection by a Certified Access Specialist (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to 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 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”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii"CASp") to amend determine whether 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 nonproperty meets all applicable construction-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 practicablerelated accessibility requirements. 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 Tenant is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees hereby advised that the Premises Ground Lease Amendment have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may include such additional land so long as (i) not prohibit the Ground lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. This Lease is not terminable as subject to (1) approval by the Lot should Sublessor fail to construct improvements Federal Highway Administration (FHWA) for rent at less than fair market value, (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other than the Building and Common Facilities on the Lot and matters of record, (ii3) the inclusion of such additional land area will not result in any delay in the permitting or construction all matters discoverable by physical inspection of the Premises in accordance with the terms hereof. Sublessor agrees or that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions would be discovered by an accurate survey of the Premises Ground Lease Amendment shall be subject and (4) all matters known to Tenant or of which Tenant has notice, constructive or otherwise, including, without limitations, those shown on the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDA.attached map Exhibit "A.”

Appears in 1 contract

Sources: Right of Way Property Management Lease Agreement

Premises. The (a) Sublessor hereby subleases to Sublessee and Sublessee hires from Sublessor, the premises known as ____________________________________________ and the building located thereon (hereinafter "Premises"), to be used by Sublessee only as a franchisee of New World Coffee & Bagels, Inc. (hereinafter "Franchisor") for the sole purpose of operating a "New World Coffee & Bagels" store ("Store") subject to the terms of a certain Franchise Agreement entered into by and between Sublessor and Sublessee, dated ___________________. 19____ ("Franchise Agreement"). (b) Sublessee acknowledges that the Premises consists is not presently suitable for use as a Store and agrees to complete those leasehold improvements at Sublessee's sole cost and expense in conformity with all of the Building terms of the Head Lease and in general conformity with the prototype plans and designs for the Store. (c) Sublessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state and local governments and of any and all their departments and bureaus applicable to said Premises. (d) Before commencing any work or installing any equipment in connection with repair or alteration of the Premises, Sublessee shall: 1. Obtain the necessary consents, authorizations and licenses from the federal, state and/or municipal authorities asserting jurisdiction over the work to be constructed done, and no work shall be started or equipment installed unless and until all such necessary consents, authorizations and licenses shall first have been duly obtained by the Sublessee and/or his contractor or other persons doing the work or installing the equipment on behalf of Sublessee. The foregoing shall not apply if Sublessor assumes responsibility for obtaining the foregoing; 2. Enter into proper contracts with contractors, subcontractors and materialmen, which contracts will provide, among other things, that said work shall be done and equipment installed in good workmanlike manner and in accordance with the terms hereof plans and specifications previously approved, and consents, authorizations and licenses previously obtained, and which contracts shall provide that the contractor or other persons referred to above will look solely to the Sublessee for payment and will hold the Sublessor and the Demised Premises free from all liens and claims of any persons furnishing labor or furnishing materials therefor, or both, and will also provide similar waivers or rights to file liens obtained from any and all of said contractors, subcontractors and materialmen; copies of said contracts together with duly executed waivers of the right, appurtenant thereto right to file liens executed by the contractors or other persons referred to above shall be furnished to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 (the “Tradeport”)Sublessor; 3. Sublessee shall have also indemnify and save harmless Sublessor against any and all bills for labor performed and equipment, fixtures and material furnished to Sublessee in connection with said work as aforesaid, and against any and all liens, bills or claims therefor or against the Demised Premises; and within twenty (20) days, bond or discharge any such liens, the failure to do so shall be deemed a right appurtenant material breach of this Sublease; and 4. Sublessee, at his own cost and expense, with respect to any repairs or alterations made by him, shall promptly comply with all laws, ordinances, orders, rules and regulations of each and every department and bureau of the city and state and the United States and any other lawful authority asserting jurisdiction over the Premises, in common and shall reimburse Sublessor for any expenses incurred on account of failure by Sublessee to comply with other Tradeport tenants any such requirements, and occupants any expenses so incurred by Sublessor as aforesaid, shall be deemed "additional rent" under this Sublease and authorized users due and payable by Sublessee to Sublessor on the right to use the entrances, exits and roadways first day of the Tradeport designated month following the payment of same by Sublessor. Sublessee, or any contractors employed by Sublessee, or any other persons who will do the ▇▇▇▇▇ Development Authority work or install the equipment as aforesaid, shall be fully covered by Worker's Compensation Insurance and liability insurance in the minimum amount of $1,000,000/$2,000,000 and certificates thereof shall be furnished to Sublessor before commencement of any work by any such contractor or persons as aforesaid. (“PDA”e) If Sublessee requests Sublessor to guarantee an obligation to the architect or contractor commissioned by Sublessee for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessorimprovements, and SublessorSublessor agrees to do so in a separate instrument, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 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 any default in payment by Sublessee to the Lot should Sublessor fail to construct improvements other than the Building architect or contractor shall constitute a material breach hereof and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any delay shall be treated as though Sublessee has defaulted in the permitting or construction payment of the Premises in accordance with the terms hereofrent hereunder. Sublessee acknowledges that any such guarantee will be given by Sublessor merely as an accommodation to Sublessee and Sublessee agrees that it to hold Sublessor harmless thereunder. This provision shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not construed to be unreasonably withheldan agreement by Sublessor to make such a guarantee, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAwhich can only be made in a separate instrument.

Appears in 1 contract

Sources: Franchise Agreement (New World Coffee Inc)

Premises. The Premises consists (a) This Lease shall be effective as between Landlord and Tenant as of the Building full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including any tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed by the Sublessor Tenant in accordance with the terms “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof together by this reference. As hereinafter used in this Lease, the term “Building” shall refer to the entire structure which is synonymous with the rightPremises, appurtenant thereto and the term “Lot” shall refer to the exclusive use of Assessor’s tax parcel on which the Common Facilities Building is situated. This Lease confers no rights either with regard to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion subsurface of the land currently leased by Sublessor pursuant below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, the Building is vacant. Prior to the 200 Ground Lease (defined below) Commencement Date, Landlord and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary Tenant have agreed that Landlord will complete certain improvements to construct the Building and Common Facilities) (the “LotBase Building Work) and Tenant will complete certain improvements to the Building (the “Tenant Improvements), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 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 hereafter defined Ground 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 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 the specific reasons therefor). Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “TradeportBOMA Standard”). Sublessee shall have as a right appurtenant ) to determine the rentable area and usable area of the Premises. Based on such measurement, in common with other Tradeport tenants and occupants and authorized users the right to 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 PDA, as lessorBase Rent, and SublessorTenant Improvement Allowance and Additional Allowance shall be proportionately adjusted; provided, as lessee (as currently however, that in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to no event (i) seek approval will such measurement result in a Rent increase to Tenant of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive more than two percent (2%), or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend will 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 rentable area in addition to that necessary for the Lot or otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (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 be more than ten percent (10%) greater than the “Office Area” (as that term is defined 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 thereofBOMA Standard) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAPremises.

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. The Premises consists of the Building Landlord hereby leases to be constructed by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area Tenant those certain premises designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan Plan attached hereto as Exhibit A. The parties agree “A” (the “Premises”), as more particularly defined in subparagraph B of Paragraph 1 hereof, together with: (i) an exclusive right to use, subject to the provisions hereof, and that certain Master Deed for Candlewood Hotel/Office Center Condominium recorded at Liber 17654, Page 812 with the final locationOakland County, configuration Michigan Register of Deeds (the “Master Deed”), all appurtenances thereunto, including but not limited to, all limited and area general common elements benefiting Unit 2, including parking areas; and (ii) the rights of the Landlord under the Parking Easement. This Lease is subject to the terms, covenants and conditions set forth herein and Tenant and Landlord each covenant as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. Except as expressly set forth herein, Tenant agrees to accept the Premises in their “AS IS” “WHERE IS” physical condition and “WITH ALL FAULTS” with out any agreements, representations or obligations on the part of Landlord as to the condition of the Premises or Building. Notwithstanding anything to the contrary contained in this Lease, Common Facilities if the Landlord’s construction work to make the Premises Ready for Occupancy shall contain latent defects discovered within one (1) year from the Commencement Date, or one (1) year after completion thereof, if later, Tenant shall report such latent defects to Landlord, whereupon Landlord shall make reasonable commercial efforts to cause the contractor performing such work to correct such defect. Landlord shall also obtain, to the extent any personal property is purchased and Lot installed in the Premises in connection with such construction, all manufacturers’ warranties in connection with such personal property and shall make reasonable commercial efforts to cause any defects thereto to be repaired pursuant to such warranties. Provided Tenant is not in default under the Lease beyond any applicable grace or cure period, Tenant or a Permitted Assignee (as hereinafter defined), but not any other assignee or sublessee, this right being personal to the original Tenant and a Permitted Assignee, shall have the right to expand the Premises (the “Expansion”) subject to the following conditions: (i) Tenant and Landlord shall work collaboratively to provide plans and specifications reasonably acceptable to Landlord and Tenant; (ii) the party performing such construction work shall be subject able to approval obtain any and all necessary consents or approvals for construction of Sublessor the improvements; (iii) all such improvements shall comply in all respects with all applicable laws and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot ordinances; (iv) if Landlord is located within performing the former work, ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority Construction, LLC, or an affiliate of Landlord, shall be retained as the general contractor or to provide construction management services at its then prevailing rates; (“PDA”v) for common use at the Tradeport. Sublessor presently leases a portion of party performing such work shall provide lien waivers and title insurance coverage as such construction progresses; and (vi) if the LotTenant is the party performing such work, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor Tenant shall use its best efforts to (i) seek approval comply with all other requirements of this Lease relating to Alterations, as set forth in Article 10 hereof, with regard to such Expansion. The Base Rent, any increases thereto and be designated the developer and lessee timing of the land area designated construction of the Expansion shall be agreed upon between Landlord and Tenant as 160 International Drive set forth below. Tenant shall notify Landlord of its desire to have the Expansion built, which notice shall include the approximate parameters of the desired Expansion, including the approximate square footage and location of the Expansion. The parties shall negotiate, in good faith, within ninety (or 90) days after Landlord’s receipt of Tenant’s notice, the Base Rent for the Expansion, including any increases thereto; the timing of the construction of the Expansion; and all other matters; and Landlord shall determine the availability of equity for, and the availability and rates of financing of, the construction of such portion thereof as comprises Expansion. In the Lot event that the parties fail to agree upon the terms and is otherwise necessary conditions of the construction and leasing of the Expansion within such ninety (90) day period, Tenant shall have the right to proceed to construct the Building Expansion, at its sole cost and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Leaseexpense, (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 otherwise to construct the Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject pursuant 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 set forth in the permitting immediately preceding paragraph and the other provisions of this Lease relating to Alterations, except that Tenant shall select the general contractor or construction of manager who will be undertaking the Premises in accordance with the terms hereof. Sublessor agrees that it work, subject to Landlord’s consent which shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned delayed or delayedconditioned. Upon execution Notwithstanding the foregoing, if Tenant constructs the Expansion, as set forth in the preceding sentence, ▇▇▇▇▇ ▇▇▇▇▇ Construction, LLC, or an affiliate of Landlord, shall have the right to bid on the construction work. If the Tenant constructs the Expansion, at its sole cost and expense, the Base Rent shall not be increased as a result of the approved Premises Ground Lease Amendment, Sublessor construction of the Expansion. The parties shall execute and Sublessee shall amend deliver an amendment to this Lease as necessary to reflect consistent with the existence thereof and to include such other amendments foregoing prior to the Exhibits hereto as is reasonably necessary to reflect the configuration construction of the Lot as approved by Expansion in form and substance reasonably satisfactory to Landlord and Tenant. Neither Landlord nor Tenant shall be obligated to pay any additional brokerage commission in connection with the PDAleasing of the Expansion except if Tenant has engaged Whitehall Realty Company dba Whitehall Real Estates Interests (“Whitehall”) to represent Tenant in connection with such Expansion, and Whitehall takes an active part in such negotiations, Landlord shall be obligated to pay Whitehall a brokerage commission pursuant to a separate Registration and Commission Agreement between Landlord and Whitehall dated April 29, 2009.

Appears in 1 contract

Sources: Lease Agreement (Somanetics Corp)

Premises. The Premises consists of City leases to Tenant, and Tenant leases from City, those “Existing Hangar” and Leasehold Improvements described on Exhibit A, attached hereto and incorporated herein by this reference (collectively, the Building “Leased Premises” or “Premises”) to be constructed used solely by the Sublessor in accordance with the terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the land area appurtenant thereto comprising approximately five (5) acres, which land area shall consist of a portion of the land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common 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 for the Authorized Activities as more particularly described in Section 4. The Leased Premises includes any all improvements made by the hereafter defined Ground Lease 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 “TradeportRamp Area”). Sublessee The Ramp Area, if any, and the Leased Premises shall have collectively be referred to as a right appurtenant 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 common with other Tradeport tenants and occupants and authorized users the right Exhibit A. The Lessee intends to use the entrances, exits and roadways convert some of the Tradeport designated 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. ▇▇▇▇▇▇ Development Authority (“PDA”) for common use at has carefully examined the Tradeport. Sublessor presently leases a portion of Premises and is satisfied with the Lotcurrent condition, such portion being known as 200 International Drive, subject to any improvements to be constructed by Tenant pursuant to this Lease. The Premises shall be leased to Tenant in an “as is” physical condition. Tenant acknowledges that certain Sublease dated April 5no representation or warranty has been made by City concerning the Premises’ nature, 2001 by and between quality or suitability for the PDAAuthorized Uses, or for any other purpose. ▇▇▇▇▇▇ accepts the Premises “as lessoris”, and Sublessoras being in good, as lessee (as currently in effect, the “200 Ground Lease” safe and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) 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 sanitary condition satisfactory 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 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 the Ground Lease until the Delivery DateTenant’s use. Subject to the provisions of Sections 3.3 and 8 herein,Tenant assumes all risk and costs related to the development of 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 relating to the Authorized Uses, Leasehold Improvements, and the Premises 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 this Lease. Without limiting the foregoing, Tenant acknowledges that City has made no representation or warranty regarding the formsexistence of any Hazardous Materials in, terms and conditions of on, upon, under or about the Premises Ground Lease Amendment shall be subject to or the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by the PDAAirport.

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Sources: Lease Agreement (Sky Harbour Group Corp)