Common use of Premises Clause in Contracts

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 2 contracts

Sources: Office Building Lease, Office Building Lease (Avalara Inc)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B Tenant anticipates receiving a provisional license (the “PremisesProvisional License)) from the CCC in June 2020. In the event the Tenant shall not receive its Provisional License by July 10, located 2020 Tenant shall notify Landlord prior to 5:00 pm EST on Floors 13 through 18 (19,044 RSF per floor) July 17, 2020, in writing, specifying the reasons for the denial and 3,992 RSF whether Tenant elects, at Tenant’s sole option, to terminate the Lease or pursue and appeal of deck spaceany denial of the Provisional License. Should Tenant not notify Landlord represents that of its intention to terminate the entire Building is approximately 209,476 square feet Lease or pursue and appeal any denial of Rentable Area. Providedthe Provisional License prior to 5:00 pm EST on July 17, however2020, that Tenant shall lose its right to terminate the exact amount of Rentable Area in the Premises Lease, and this Lease shall be determined following completion in full force and effect. Should Tenant elect to pursue an appeal it shall be subject to satisfaction of the Building and preliminary space plans following conditions: (i) Tenant obtains Landlord’s prior written consent of the appeal, such consent not to be prepared by unreasonably withheld, conditioned or delayed, (ii) the parties mutually agree to an extension of the approval period to allow Tenant to pursue such appeal, “Appeal Period”, which Appeal Period shall terminate sixty (60) days following Tenant’s architect. Promptly after written notice to Landlord approves of their intention to appeal, (iii) during the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the TenantAppeal Period, the Tenant shall executebe obligated to continue to pay the Construction Base Rent (defined below), acknowledge and deliver (iv) Tenant shall diligently prosecute such appeal. Should the Tenant not receive the Provisional License prior to Landlord a commercially reasonable amendment to the end of the Appeal Period, this Lease as prepared by Landlordshall terminate and become null and void. If the Tenant elects to terminate the Lease under this section or loses its appeal, which amendment neither party shall set forth have any further liabilities or obligations hereunder, except Landlord shall be entitled to keep the revised entire PSA Deposit (defined below) and any Construction Base Rent paid to date. Following Tenant’s Pro Rata Share and other modifications to this Lease required by reason receipt of the LandlordProvisional License, Landlord agrees to cooperate with Tenant in Tenant’s re-measurement of attempts to obtain the BuildingFinal License, provided that Landlord shall not be required to incur any cost in connection therewith.

Appears in 2 contracts

Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Premises. That portion In consideration of the Building consisting of 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 114,264 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 are designated on Exhibit A hereto for the purpose of Rentable Area setting forth the configuration and approximate location of the Premises within the Shopping Center Site (as the "Shopping Center Site" being defined in Section 2.12) of office space, as to include all property shown on Exhibit B (the “Premises”A hereto), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the The Premises shall be determined following completion improved or otherwise prepared for occupancy by Tenant in accordance with Exhibit C which sets out any work improvements to be implemented by Landlord and the cost, if any, to Tenant. In the absence of any specific requirements set forth on Exhibit C, Tenant shall be deemed to have accepted the Premises "as is", except for any items specified on a punch list delivered to Landlord within thirty (30) days after possession of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit Premises is delivered to Tenant. Notwithstanding the foregoing, for Tenant’s reasonable approval, a written certification made by Landlord’s architect 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 exact amount of Rentable Area contained defect or thirty (30) days after the date Tenant should have been alerted to the existence thereof had Tenant acted reasonably, provided such notice must be provided in the Premises, including a breakdown by floor. Further, Tenant may at any time event within one month (1) year after the expiration delivery of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area possession of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord covenants and Tenant shall execute a commercially reasonable amendment agrees to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of (i) deliver the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed thereinin compliance with legal, or affixed code and zoning requirements exclusive of any such requirements relating to the Building thereinTenant's Work including, including but not limited to, doorsbuilding or occupancy permits, partitions, ceilings, built-(ii) deliver the utility systems to the Premises as specified in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the PremisesExhibit C in good working order, and fire (iii) deliver the rough shell building in good condition and life safety equipment repair, free of any asbestos. Tenant shall use commercially reasonable efforts to submit plans and specifications for Tenant's Work to Landlord for its approval, which shall not be unreasonably withheld, on or before [***]. Landlord shall approve such plans and specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that Tenant's prototype design plan for its store incorporates the open storefront element into the design of the Premises provided that Tenant constructs such portion (and exclusively serving the Premises. Notwithstanding anything to the contrary all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, but subject and pursuant to the provision that plans and specifications approved in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared advance by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 2 contracts

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

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises 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 consisting to use all areas and facilities provided by Landlord for the use of approximately 114,264 square feet of Rentable Area (as defined all tenants in Section 2.12) of office spacethe Property including any lobbies, as shown on Exhibit B hallways, driveways, sidewalks and parking, loading and landscaped areas (the “PremisesCOMMON AREAS”). Notwithstanding the foregoing, the Landlord shall complete the work described on Exhibit “A-2” necessary to improve the Premises (collectively, the “LANDLORD’S WORK”), located as such improvements are depicted on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck spaceExhibit “A-1”. In addition the Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plansWork, Landlord shall submit cause additional air conditioning returns to be installed in the new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises to Tenant in a substantially completed condition and in compliance with all applicable laws and regulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or 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 delayed by one (1) day for each day that delivery of possession of the Premises is delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work by December 1, 2015, as the same may be extended for delays caused by Force Majeure or Tenant, Tenant shall have the option of canceling and terminating this Lease by giving notice in writing to Landlord at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, for In the 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’s reasonable approval. For the purposes of this Lease, “Force Majeure” shall mean strikes, lock-outs, riots or other labor troubles, unavailability of materials, a written certification made by Landlord’s architect national emergency, any rule, order or regulation of the exact amount governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of Rentable Area contained in the PremisesGod, including a breakdown by floor. Further, Tenant may at any time or other similar causes not within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.control

Appears in 2 contracts

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

Premises. That portion ARTICLE 2 - LEASE TERM of the Lease is hereby amended such that the fifth (5th) and sixth (6th) sentences thereof shall read as follows: "Landlord has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises on the ground floor of the Building consisting (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 114,264 32,945 rentable square feet of Rentable Area (as defined in Section 2.12) of office spacethe "Remaining Premises"), approximately 22,945 rentable square feet (the "A Remaining Premises"), as shown on Exhibit B A to this Amendment, is anticipated to be delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), located as shown on Floors 13 through 18 Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (19,044 RSF per floor) and 3,992 RSF the "RPB Commencement Date"). If Landlord, for any reason, cannot deliver possession of deck space. 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 represents shall not be subject to any liability nor shall the validity of this Lease be affected; provided that the entire Building RPA Commencement Date and/or the RPB Commencement Date, as appropriate, shall be extended commensurately by the period of time Landlord is approximately 209,476 square feet delayed in so delivering possession of Rentable Areathe A Remaining Premises and/or the B Remaining Premises to Tenant without any improvements, alterations, repairs, refurbishment or other modifications being made thereto. Provided, however, that Tenant's rights to use the exact amount of Rentable Area in A Remaining Premises and the B Remaining Premises shall be determined following completion subject and subordinate to the rights of Phoenix; and no use by Tenant may unreasonably interfere with the Building rights of Phoenix to use and preliminary space plans occupancy of Phoenix's premises." Throughout the Lease, references to the "RP Commencement Date" shall be deemed to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed references to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the "RPA Commencement Date" and/or the "RPB Commencement Date", within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingappropriate.

Appears in 2 contracts

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

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit hereby leases to Tenant, and Tenant hereby leases from Landlord, for Tenant’s reasonable approvalthe term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of XXXX, State of California, said land or interest therein being shown on the map or plat marked Exhibit “A," attached hereto and by this reference made a written certification made by Landlord’s architect part hereof. EXCEPTING THEREFROM all those portions of the exact amount of Rentable Area contained in above-described Premises occupied by the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration supports and foundations of the Landlord’s remeasurement period existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("CASp") to determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the following paragraph, engage an independent certified architect or surveyor to measure subject premises and determine whether the Rentable Area subject premises comply with all of the Premisesapplicable construction-related accessibility standards under state law. If such calculation has Although state law does not require a different Rentable Area than Landlord’s certificationCASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall meet in good faith 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 resolve correct violations of construction-related accessibility standards within the discrepancypremises. After agreement This Lease is subject to (1) approval by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this LeaseFederal Highway Administration (FHWA) for lease use, if necessaryPremises are located on an Interstate, which amendment shall set forth the revised Rentand rent at less than fair market value, Tenant’s Pro Rata Share (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other modifications to this Lease required matters of record, (3) all matters discoverable by reason of the certified Rentable Area. In no event shall the actual Rentable Area physical inspection of the Premises or that would be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area discovered by an accurate survey of the Premises be greater than 3% over and (4) all matters known to Tenant or of which Tenant has notice, constructive or otherwise, including, without limitations, those shown on the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.attached map Exhibit "A.”

Appears in 2 contracts

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

Premises. That portion The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to fulfill Landlord’s obligations as outlined in the Tenant/Landlord Responsibility Matrix attached hereto as Exhibit D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work (to the extent that such Landlord’s Work does not materially interfere with the construction of Tenant’s Work); (ii) demolition and disposal of the existing improvements in the Premises, (iii) installation of a new centralized lab-ready base building HVAC system, delivery of mechanical electrical, life safety and plumbing systems serving the Premises in good operating condition and repair, and (iv) refurbish the existing common area locker and common shower room on the first floor of the Building consisting (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of approximately 114,264 square feet this Lease . Landlord shall perform the Landlord’s Work in a good and workmanlike manner, free from faults and defects, in compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the Landlord’s Work in a timely and diligent manner and in accordance with the Construction Schedule set forth at Exhibit M, and with the completion of Rentable Area the Landlord’s Work scheduled to occur no later than May 31, 2018 (the “Landlord’s Work Target Date”). In the event that Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Delay pursuant to the Work Letter, Tenant shall be entitled to one (1) day of abatement of Annual Fixed Rent for each day of such delay. Completion of Landlord’s Work shall be achieved when such work is complete except for Punch List (as defined below) items that do not adversely affect Tenant’s Use and occupancy of the Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the City of Cambridge for Landlord’s Work (excluding the Tenant Improvements). In the event that Landlord has not completed Landlord’s Work within forty-five (45) days after the Initial Delivery Deadline, then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for each day of such delay. In the event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to extension for each day of Tenant Delay pursuant to the Work Letter, this Lease may be terminated by Tenant, effective upon written notice delivered to Landlord no later than the date that is ten (10) days after such Outside Delivery Deadline. If Tenant has not delivered such written notice of termination to Landlord within such required time period, then this Lease shall remain in full force and effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall use good faith efforts to ensure, and cause Contractor to ensure, that completion of the Landlord’s Work shall not interfere with the ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the “Punch List”). Landlord shall complete and/or correct all items on the Punch List within thirty (30) days after Landlord receives the Punch List and shall give Tenant written notice when all of the items on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s Work as provided in this Section, that Landlord’s Work shall be constructed (i) in a good and workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to be installed within the Premises as provided below), (ii) in compliance with applicable legal requirements, and (iii) substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work as provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (a “Construction Defect”). Within 30 days after delivery Tenant’s notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne by Tenant or payable out of the LIA (as defined in Section 2.12) the Work Letter). Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of office space, as shown on Exhibit B (record encumbering the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) Park provided that any such matters of record arising after the date hereof do not prohibit Tenant’s use and 3,992 RSF occupancy of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Building and preliminary space plans Landlord with respect to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at the Building or the Property or with respect to the suitability of any time within one month after of them for the expiration conduct of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth hereinbusiness or activities. The Premises shall include all items installed or constructed therein, or affixed to exclude common areas and facilities of the Building thereinProperty, including but not limited towithout limitation exterior faces of exterior walls, doorsthe entry, partitionsvestibules and main lobby of the Building, ceilingsfirst floor elevator lobby and lavatories, built-in cabinetsthe common stairways and stairwells, electrical fixtureselevators and elevator ▇▇▇▇▇, fixturesboiler room, outletssprinklers, switchessprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone outletsclosets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesjanitor closets, and fire pipes, ducts, conduits, wires and life safety appurtenant fixtures and equipment within and serving exclusively serving the Premises. Notwithstanding anything to the contrary or in this Lease, but subject to the provision that in no event shall the actual Rentable Area common other parts of the Building. If the Premises be greater at any time includes less than 3% over the sizes set forth hereinentire 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 have be delivering the right within Premises in “as is” condition at the first six months following Commencement Date of the Lease. Prior to the Commencement Date, within its reasonable discretionLandlord shall provide Tenant with evidence of the decommissioning of the Premises by the prior tenant. Landlord represents and warrants to Tenant that, to re-measure the Rentable Area in best of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord covenants to make appropriate adjustments keep the Building in Tenantcompliance throughout the Term; (b) Landlord holds the tenant’s Pro Rata Share of Operating Expenses interest under the Ground Lease (as such term is defined in Section 12.14), subject to no mortgage other than the current mortgage to CIGNA; (c) Landlord has full power and Real Property Taxes and other provisions of authority to enter into this Lease which are affected by such re-measurement. Within ten and has obtained all consents and taken all actions necessary in connection therewith; and (10d) business days after receipt by no other party has any possessory right to the Tenant, Premises or has claimed the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingsame.

Appears in 2 contracts

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

Premises. That portion 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 consisting of approximately 114,264 square feet of Rentable Area to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as defined the "Improvements"). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term and upon the terms and conditions herein set forth premises described in Section 2.121.01(I) of office space, (hereinafter referred to as shown on Exhibit B (the "Premises" or "Leased Premises"), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion Building. Gross rentable area measurements herein specified are from the exterior of the Building and preliminary space plans perimeter walls of the building to be prepared by Tenant’s architectthe center of the interior walls. Promptly after Landlord approves In addition, the preliminary space plans, Landlord shall submit factor set forth in Section 1.01 (1) has been added to Tenant, the area as measured above to adjust for Tenant’s reasonable approval's proportionate share of common hallways, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained restrooms, elevators, stairways, etc. in the Premises, including a breakdown by floorbuilding. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord The exterior walls and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area roof of the Premises and the areas beneath said Premises are not demised hereunder, and the use thereof together with the right to install, maintain, use, repair, and replace pipes, ducts, conduits, and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as may be greater than 3% over reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the sizes balance of the building and reserved areas and elements as set forth hereinabove; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. The In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises shall include all items installed and as far as practicable to minimize annoyance, interference or constructed thereindamage to Tenant when making modifications, additions or affixed repairs. Subject to the Building thereinprovisions of Article VIII, including but not limited toTenant and its customers, doorsagents and invitees have the right to the non-exclusive use, partitionsin common with others of such unreserved automobile parking spaces, ceilingsdriveways, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesfootways, and fire and life safety equipment other facilities designated for common use within and exclusively serving the PremisesBuilding, 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. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Dateto designate, within in its reasonable discretionsole business judgment, to re-measure the Rentable Area in the Building certain spaces as "customer" parking spaces and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver use its best efforts to Landlord a commercially reasonable amendment cause its employees not to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingpark in said customer parking.

Appears in 2 contracts

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

Premises. That portion (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 consisting of to approximately 114,264 Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet of Rentable Area on the Tenth (as defined in Section 2.1210th) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion Floor of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect addition of the exact amount of Rentable Area contained Expansion Premises. From and after the Expansion Effective Date, all references to the Premises in the Lease shall mean, collectively, the Existing Premises and the Expansion Premises. The Term for the Expansion Premises shall commence on the Expansion Effective Date and end on the Extended Termination Date, including a breakdown by floor. Further, Tenant may at any time within one month after unless sooner terminated pursuant to the expiration terms of the Landlord’s remeasurement period in Lease. The Expansion Premises is subject to all the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area terms and conditions of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord Lease except as expressly modified herein and except that Tenant shall execute a commercially reasonable amendment not be entitled to this Leasereceive any allowances, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and abatements or other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed financial concessions granted with respect to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving Existing Premises unless such concessions are expressly provided for herein with respect to the Expansion Premises, and fire and life safety equipment within and exclusively serving the Premises. . (b) Notwithstanding anything to the contrary set forth in this LeaseParagraph 3(a) above, but subject if Landlord fails to the provision that in no event shall the actual Rentable Area deliver Tenant possession of the Expansion Premises be greater than 3% over on or before the sizes set forth hereinExpansion Effective Date for any reason, including without limitation, holdover by prior occupants, Landlord shall have not be liable for any claims, damages or liabilities as a result thereof, but the right within Expansion Effective Date shall be delayed to be the first six months following date upon which Landlord delivers possession of the Commencement DateExpansion Premises to Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the either Landlord or Tenant, at the Tenant request of the other, shall execute a declaration specifying the Expansion Effective Date; provided, however, that failure to execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlordor request execution of, which amendment such declaration shall set forth not in any way alter the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of Expansion Effective Date. If the Landlord’s re-measurement of Expansion Effective Date is delayed the BuildingExtended Termination Date shall not be similarly extended.

Appears in 2 contracts

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

Premises. That portion 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 shall have access to the Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the terms and conditions of this Lease. Subject to Landlord’s obligations with respect to the Tenant Improvements, Tenant accepts the Premises, Building consisting of approximately 114,264 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 feet of Rentable Area (as defined footage set forth in Section 2.121 above without regard to actual measurement. (a) of office spaceLandlord shall cause to be constructed, as shown in compliance with applicable Laws, the tenant improvements described on Exhibit B “C” (the “PremisesTenant Improvements”), located . All bids received and subsequent documentation shall be available for Tenant’s review on Floors 13 through 18 an “open book” basis and Tenant shall be permitted to participate in the construction meetings (19,044 RSF which shall be held not less frequently than twice per floormonth) and 3,992 RSF of deck space. Landlord represents that in the entire Building is approximately 209,476 square feet of Rentable Area. Providedselection process; provided, however, that the exact amount of Rentable Area in the Premises all contractors shall be determined following completion selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the Tenant Improvements shall be subject to Tenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, then such approval shall be deemed given. Tenant shall have the right to inspect the progress of the Building and preliminary space plans Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be prepared by done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or before the Estimated Commencement Date. In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant’s architect. Promptly after Landlord approves Upon the preliminary space plansTenant Improvements being Substantially Completed, Landlord shall submit to notify Tenant, for and Tenant or its Agents shall inspect the Tenant Improvements with Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable approvalsatisfaction, a written certification made by Landlord’s architect it shall be presumed that all of the exact amount of Rentable Area contained 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 Premises, including a breakdown by floor. Further, Tenant may at any time Improvements discovered within one month after (1) year following the expiration Substantial Completion of the Landlord’s remeasurement period Tenant Improvements. (b) Notwithstanding the foregoing, in the following paragraphevent that the Tenant Improvements are not Substantially Completed, engage an independent certified architect in whole or surveyor in part, due to measure Tenant Delay, then the Rentable Area 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 Premises. If such calculation has a different Rentable Area than Landlord’s certificationCommencement Date, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Leasecommencement date memorandum memorializing the Commencement Date, if necessaryFree Rent Period, which amendment shall set forth the revised RentExpiration Date, and Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area acceptance of the Premises be greater than 3% over in the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed form of Exhibit “H” attached hereto. (d) Commencing on the date that is approximately thirty (30) days prior to the Building thereindate that the Tenant Improvements are reasonably expected to be Substantially Completed, including Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, doorsSections 8 and 10 hereof (excluding however, partitionsTenant’s obligation to pay Monthly Rent and utilities). Furthermore, ceilings, built-Tenant’s entry in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event Premises shall the actual Rentable Area not interfere with Landlord’s construction of the Premises Tenant Improvements and any such interference shall be greater than 3% over the sizes set forth hereinconsidered a Tenant Delay hereunder. In connection with such early access, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge follow the policies and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason safety directives of the Landlord’s re-measurement of the Buildingcontractor.

Appears in 2 contracts

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

Premises. That portion Subject to and in accordance with the provisions hereof, Landlord leases to Tenant and Tenant leases from Landlord the Premises as designated on Exhibit A. Tenant agrees that no representations or warranties relating to the condition of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in Project or the Premises shall be determined following completion of and no promises to alter, repair or improve the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification Premises have been made by Landlord’s architect , except that the Building Systems (inclusive of the exact amount of Rentable Area contained all lighting and electrical outlets in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration ) will be in good working order as of the Commencement Date. Tenant’s failure to advise Landlord’s remeasurement period , in writing and within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation preceding sentence will be indisputable evidence that Landlord has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premisesmet its warranty obligation. Notwithstanding anything to the contrary in 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 provision that in no event shall terms hereof, to use the actual Rentable Area Common Areas of the Premises be greater than 3% over Project. Tenant acknowledges that the sizes set forth hereinProject is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord shall have reserves the right within the first six months following the Commencement Dateright, within in its reasonable sole discretion, at any time and from time to re-measure the Rentable Area in time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible. Landlord agrees that during the Term of the Lease it will not make appropriate adjustments in Tenant’s Pro Rata Share of 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 Real Property Taxes and other provisions 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 no change to the number of this Lease parking spaces available to Tenant, although said spaces can be made available to Tenant in an alternative parking location, which are affected by such re-measurement. Within alternative parking location will be no more than a five (5) minute walk from the Building and, if it is more than a five (5) minute walk, then Landlord will provide (at no cost to Tenant) a shuttle service that will be scheduled to run no less than every ten (10) business days after receipt by minutes between the Tenanthours of 8:00 a.m. to 6:00 p.m., Monday through Friday, with the Tenant shall executeexception of holidays; or, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised c] materially impair Tenant’s Pro Rata Share and other modifications ability to this Lease required by reason of use the Landlord’s re-measurement of Premises for the BuildingAuthorized Use.

Appears in 2 contracts

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

Premises. That Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the entire eighth (8th) floor and a portion of the Building consisting ninth (9th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, in the Borough of approximately 114,264 square feet Manhattan, New York County, City and State of Rentable Area New York (the "Building" and, together with the plot of land upon which such building stands, the "Real Property") for 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 "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that the first (1st) monthly installment of Rent shall be payable on the date hereof. If the Rent Commencement Date (as defined in Section 2.12hereinafter defined) shall occur on a date other than the first (1st) day of office spaceany calendar month, as shown Tenant shall pay to Landlord, on Exhibit B the first (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor1st) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion day of the Building 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 preliminary space plans including the Rent Commencement Date bears to be prepared the total number of days in said calendar month. Such payment, together with the sum paid by Tenant’s architect. Promptly after Landlord approves Tenant upon the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect execution of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason constitute payment of the certified Rentable Area. In no event shall Rent for the actual Rentable Area period from the Rent Commencement Date to and including the last day of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingnext succeeding calendar month.

Appears in 2 contracts

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

Premises. That portion Subject to the terms of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plansthis Lease, Landlord shall submit leases to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of Tenant and Tenant leases from Landlord the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area entirety of the Premises. If such calculation has a different Rentable Area Tenant accepts the Premises in its “AS IS” condition, without relying on any representation, covenant or warranty by Landlord other than Landlord’s certificationas expressly set forth in this Lease. Prior to the Commencement Date, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, representatives of Landlord and Tenant shall execute conduct a commercially reasonable amendment walk-through of the Premises at a mutually convenient time to determine if any Building Systems are not working. If any Building Systems are not working at such time, then Landlord shall promptly repair the same at Landlord’s expense. Landlord and Tenant (a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree to the rentable square footages set forth in Sections 1(c) above for all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the parking lot located on the Land, if necessary(ii) improve the parking lot with slurry seal on the asphalt area and new striping of the asphalt and concrete areas, which amendment shall set forth result in approximately three (3) parking spaces per each 1,000 square feet of the revised RentBuilding; and (iii) construct a trash enclosure, and (iv) complete any other work or improvements to the Premises required by the 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 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 parking spaces striped by or on behalf of Landlord shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Premises for Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Areause. In no event shall the actual Rentable Area of Furthermore, all data wiring serving the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed and existing prior to the Building therein, including but not limited to, doors, partitions, ceilings, built-Commencement Date (the “Cabling”) shall remain intact and in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesplace, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord Tenant shall have the right within to use such Cabling during the first six months following Term, but any changes to the Commencement DateCabling shall be at Tenant’s sole expense. Landlord represents and warrants that to Landlord’s actual knowledge, within its reasonable discretionthe Premises is compliant with all Laws, to re-measure except for the Rentable Area in need for a trash enclosure if the user of the Building and to make appropriate adjustments in Tenant’s Pro Rata Share does not compost all of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingits waste.

Appears in 2 contracts

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

Premises. That portion The Premises shall be modified and expanded from approximately 10,089 gross leasable square feet to approximately16,786 gross leasable square feet by the addition of approximately 6,697 gross leasable square feet (the “Expansion Premises”) to the Original Premises. The Expansion Premises shall be as shown as the cross-hatched area on Exhibit A hereto (the contents of which are incorporated hereby by reference). The definitions of “Premises”, “Leased Premises” and “Tenant’s Gross Leasable Area” under section 1.4 of the Building consisting Original Lease are hereby amended, from and after the New Commencement Date (as hereinafter defined) to include the Expansion Premises for all purposes under the Lease, as amended by this First Amendment. For purposes of approximately 114,264 this Lease, “square feet of Rentable gross leasable area” shall mean “rentable area” calculated pursuant to the Standard Method for Measuring Floor Area in Office Buildings, ANSJ/BOMA 265.1 -1996 (as defined in Section 2.12) of office space, as shown on Exhibit B (the PremisesBOMA”). Within thirty (30) days following the date Tenant commences its occupancy of the Expansion Premises, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF Tenant may, at its sole discretion, elect to cause the number of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount gross leasable area of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared verified by Tenant’s architectspace measurement consultant, and such verification shall be made in accordance with the provisions of this section. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect may consult with Tenant’s space measurement consultant regarding verification of the exact amount number of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration square feet of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area gross leasable area of the Premises; however, the determination of Tenant’s space measurement consultant shall, except as provided below, be conclusive and binding upon the parties. If Landlord disagrees with the square footage as determined by Tenant’s space measurement consultant and gives Tenant written notice thereof within fourteen (14) days after the date Landlord received written notice of such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premisesdetermination, Landlord and Tenant shall execute a commercially reasonable amendment shall, in good faith, attempt to this Lease, if necessary, which amendment shall set forth resolve the revised Rent, Tenant’s Pro Rata Share disagreement. If Landlord and other modifications Tenant are unable to this Lease required by reason of resolve the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment disagreement within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt following the date Tenant receives Landlord’s disagreement notice, then the parties shall promptly appoint a mutually acceptable architect to remeasure the Premises in accordance with BOMA, and the determination of such architect shall be binding upon Landlord and Tenant. The cost of such architect shall be home by Landlord unless such architect determines that Tenant’s measurement was error by more than three percent (3%), in which event Tenant shall pay for the Tenantcost of such architect. In the event that the foregoing measurement determines that the amounts thereof shall be different from those set forth in the Lease, as amended by this First Amendment, Landlord shall modify all amounts, percentages and figures appearing or referred to in this First Amendment to conform to such corrected rentable square footage (including, without limitation, the Tenant shall execute, acknowledge amount of the “Base Monthly Rent” and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications Allocated Share” as those terms are defined in this First Amendment). If such modification is made, it will be confirmed in writing by Landlord to this Lease required by reason of the Landlord’s re-measurement of the BuildingTenant.

Appears in 2 contracts

Sources: Lease (Nevro Corp), Lease (Nevro Corp)

Premises. That portion of (a) Landlord leases to Tenant, and Tenant leases from Landlord, Suite No. 160, which the Building consisting of approximately 114,264 parties stipulate and agree is five thousand one hundred and ninety-eight (5,198) rentable square feet of Rentable Area (as defined in Section 2.12“RSF”) of office space, as shown on the space plan attached hereto as Exhibit B “A” (the “Premises”), located on Floors 13 through 18 in the building and common areas (19,044 RSF per floorcollectively, the “Building”) at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Effective Date. (1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the existing ceiling grid, ceiling tiles and 3,992 RSF lighting in place to the extent possible, repaint the Premises in colors of deck spaceTenant’s choice, shampoo/patch the carpeting as needed and otherwise perform any changes to the Premises as noted in the space plan attached hereto as Exhibit “A” provided that in the event Landlord is unable to reutilize the existing glass walls, same shall be replaced with standard hard walls, all of the foregoing utilizing building standard materials and finishes where not specified otherwise (collectively, the “Landlord’s Work”). Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of complete the Landlord’s remeasurement period in Work after the following paragraph, engage an independent certified architect or surveyor Lease Commencement Date (and shall do so outside of Building Hours to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a extent commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no in any event shall the actual Rentable Area of in a manner that does not unreasonably obstruct Tenant from using the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Leasefor ordinary office purposes), but subject to the provision that in no event shall more than one hundred twenty (120) days after the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Lease Commencement Date, within its reasonable discretion, which deadline (the “Landlord Work Deadline”) shall be extended as necessary due to re-measure the Rentable Area in the Building and to make appropriate adjustments in any Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined). “Tenant Delay” means any delays as a result of Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurementrequests to modify Landlord’s Work under subsection (2) below and/or Tenant’s failure to cooperate reasonably with Landlord’s reasonable efforts to complete the Landlord’s Work. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver If any material revision or supplement to Landlord a commercially reasonable amendment to this Lease as prepared Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which amendment approval shall set forth not be unseasonably withheld or delayed. In the revised Tenant’s Pro Rata Share and other modifications event such revisions or supplements to this Lease required by reason of the Landlord’s re-measurement Work impact completion of Landlord’s Work by the BuildingLandlord 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. That Landlord leases to Tenant certain real property located at ▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Way, Seattle, Washington, consisting of certain portions of a building (the “Building”), described on Exhibit A attached hereto and by this reference incorporated herein. The portion of the Building consisting leased hereunder is referred to as the “Premises”. The Building consists of approximately 114,264 37,448 rentable square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and B. Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason have exclusive use of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving except as expressly set forth in this Section 1, exclusive use for parking only (except on Sunday) of the Premisessurface parking adjacent to the Building consisting of 196 parking spaces (the “Parking Lot”). Notwithstanding anything the foregoing, Tenant acknowledges that Landlord has entered into a month to month agreement with Mars Hill Fellowship (“Mars Hill”) to rent 150 parking spaces in the contrary in this LeaseParking Lot on Sundays (“Mars Hill Agreement”), but and occasionally on Friday evenings and Saturdays. Mars Hill’s use of the Parking Lot on Friday evenings and Saturdays shall be subject to the provision that in no event Tenant’s advance approval, which approval shall the actual Rentable Area not be unreasonably withheld, provided Landlord delivers to Tenant seven (7) days prior written request to Tenant for any such additional use of the Premises Parking Lot by Mars Hill and provided that any use on Fridays shall be greater than 3% over limited to 6:00pm or later. If Tenant determines the sizes set forth herein, Landlord shall have Sunday use of the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Parking Lot by Mars Hill unreasonably interferes with Tenant’s Pro Rata Share right to use its 46 parking stalls, and if Tenant provides Landlord notice of Operating Expenses such unreasonable interference and Real Property Taxes within seven (7) days thereafter the interference has not been cured, Tenant may give Landlord a final notice of interference and other provisions of this Lease which are affected by such rereason to terminate the Mars Hill Agreement (the “Final Mars Hill Notice”). Landlord will terminate the Mars Hill Agreement, with a termination effective date thirty-measurement. Within ten five (1035) business days after receipt by of the TenantFinal Mars Hill Notice. In addition, Tenant may exercise the right to direct Landlord to terminate the Mars Hill Agreement for any other reason, and in such case, the base rent payable by Tenant hereunder shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared be increased monthly by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building$1,500.

Appears in 2 contracts

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

Premises. That Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the Building consisting "Premises") in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, in the Borough of approximately 114,264 square feet Manhattan, New York County, City and State of Rentable Area New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for 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 "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first monthly installment on the execution hereof. If the Rent Commencement Date (as defined in Section 2.12hereinafter defined) shall occur on a date other than the first (1st) day of office spaceany calendar month, as shown Tenant shall pay to Landlord, on Exhibit B the first (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor1st) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion day of the Building 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 preliminary space plans including the Rent Commencement Date bears to be prepared the total number of days in said calendar month. Such payment, together with the sum paid by Tenant’s architect. Promptly after Landlord approves Tenant upon the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect execution of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason constitute payment of the certified Rentable Area. In no event shall Rent for the actual Rentable Area period from the Rent Commencement Date to and including the last day of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingnext succeeding calendar month.

Appears in 2 contracts

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

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to all of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) terms and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes conditions set forth herein, those certain premises described as the Premises in the Basic Lease Information. Notwithstanding the foregoing to 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 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 right within foregoing, if, as of the first six months date that is sixty (60) days following the Commencement Datedate of mutual execution and delivery of this Lease, within its reasonable discretionLandlord has not notified Tenant of Landlord’s successful negotiation and full execution of an agreement terminating the Nuance Lease in accordance with the terms described in this Article 1, Tenant will have the right, by written notice delivered to Landlord at any time prior to the date upon which Landlord so notifies Tenant of the termination of the Nuance Lease, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of terminate this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLease.

Appears in 2 contracts

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

Premises. That Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord for the Lease Term, subject to and with the benefit of the terms, covenants and conditions of this Lease, and of rights, agreements, easements and restrictions of record applicable to the Property, all of which Tenant shall perform and observe insofar as the same are applicable to the Premises. Tenant shall have access to the premises twenty-four (24) hours per day, seven (7) days per week during the Lease Term, subject to the terms and conditions of this Lease. Tenant shall have the right to the non-exclusive use of all exterior portions of the Property that are designated by Landlord from time to time for the common use of Tenant, Landlord, and all other tenants of the Building at and above grade level, but Tenant shall not have any right of access, control over, or other ability to use any portion of the Property below grade level, all of which is hereby reserved to Landlord. Notwithstanding anything set forth elsewhere in this Lease to the contrary, Tenant shall not have the right to use the roof of the Building consisting or any portion thereof except with the prior written consent of approximately 114,264 square feet Landlord (which prior written consent of Rentable Area (as defined Landlord may be withheld by Landlord in Section 2.12) of office spaceits sole and absolute discretion). Notwithstanding the foregoing, as shown on Exhibit B Landlord shall construct an approximate 16’ x 35’ concrete pad (the “PremisesGenerator Pad)) close to the building, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment have the right to this Leaseinstall thereon generator(s), if necessarycompressor(s) and such other equipment as Tenant may desire, subject to Landlord’s prior written consent, which amendment consent shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises not be greater than 3% over the sizes set forth herein. The Premises shall include all items installed unreasonably withheld or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premisesdelayed. Notwithstanding anything to the contrary set forth elsewhere in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within to use (a) the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in roof of the Building and any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar equipment, antennae and other communication equipment, water collection facilities, and/or such other equipment as Landlord shall deem necessary or appropriate and (b) the Land and any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar panels, wind turbines, communication equipment, billboards, and/or such other ground-based equipment as Landlord shall deem necessary or appropriate, and in each case Landlord will use commercially reasonable efforts not to make appropriate adjustments in materially interfere with Tenant’s Pro Rata Share use of Operating Expenses and Real the Premises or increase Tenant’s costs. Tenant shall have the right to use the roof of the Building (or such other portion of the Property Taxes as Landlord shall reasonably determine) in common with the Landlord for the installation of HVAC and other provisions of this Lease equipment and apparatuses as Tenant may desire, subject to Landlord’s prior written consent in each individual case, which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the consent may be granted or withheld in Landlord’s sole and absolute discretion; provided that Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth remove any such HVAC equipment upon the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason expiration or earlier termination of the Landlord’s re-measurement of the BuildingLease Term.

Appears in 1 contract

Sources: Lease Agreement (Biolife Solutions Inc)

Premises. That (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises described in Subsection 1.01(i) above (“Premises”) located within the building described in Subsection 1.01(h) (the “Building”) owned by Landlord, and which is a portion of the Building consisting of approximately 114,264 square feet of Rentable Area (“Project” identified in Subsection 1.01(f). The Site Plan for the Project attached hereto as defined in Section 2.12) of office space, as shown on Exhibit B (is attached for location reference purposes only and shall not constitute a representation or warranty by Landlord to be the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion final plan of the Building and preliminary Project, or to require Landlord to build any improvements, or to otherwise comply with the site plan or require Landlord to lease space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect particular tenant or type of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the tenant. (b) The term “Rentable Area of the Premises,” “rentable square feet,” “actual square footage” and words of similar import (whether or not spelled with initial capitals) as used in this Lease will be determined using the “American National Standard Z65.1-1996 for a multi-tenant building” by BOMA International. If such calculation has a different Rentable Area than Landlord’s certificationTenant acknowledges that, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall except as otherwise expressly set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject neither Landlord nor any agent, property manager or broker of Landlord has made any representation or warranty with respect to the provision Premises, the Building, the Common Areas or the Project or their suitability for the conduct of Tenant’s business and, that except only for any improvements that Landlord has expressly agreed herein to construct and install, the Premises are leased in no event shall the actual Rentable Area “AS IS” condition existing at the time of execution of this Lease. Notwithstanding the foregoing, Landlord represents that the Building was constructed in a first-class manner with good workmanship and materials and was in compliance with all applicable laws, codes, ordinances, rules and regulations existing as of the Premises date the Building was constructed, and that the tenant improvements to be greater than 3% over constructed by Landlord under Article III herein will be constructed in a first-class manner with good workmanship and materials and in compliance with all applicable laws, codes, ordinance, rules and regulations existing as of the sizes set forth hereinCommencement Date of this Lease, all as evidenced by the City of Bothell’s issuance of a certificate of occupancy for the Building. To Landlord’s knowledge, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, has not received written notice with respect to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason any violation of the Landlord’s re-measurement Property of the Buildingany applicable law, rule or regulation.

Appears in 1 contract

Sources: Lease Agreement (Solta Medical Inc)

Premises. That portion of (a) Landlord leases to Tenant and Tenant leases from ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, which the Building consisting of approximately 114,264 parties stipulate and agree is 3,406 rentable square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on the floor plan attached hereto as Exhibit B “A” (the “Premises”), located on Floors 13 through 18 at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Avenue, Radnor, Delaware County, PA 19087 (19,044 RSF per floor“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and 3,992 RSF methodology. (b) Landlord shall construct the Premises in substantial conformity with mutually agreed upon construction plans to be prepared by ▇▇▇▇▇ Associates (“Landlord’s Work”), the same of deck spacewhich shall be attached hereto, made a part hereof and marked as Exhibit “B”. Landlord represents shall only be responsible for payment of a maximum cost of $25.00 per rentable square foot for the Landlord’s Work (the “Landlord Allowance”). All costs of the Landlord’s Work in excess of the Landlord Allowance shall be borne by Tenant, and shall be paid to Landlord upon the within thirty (30) days of delivery of an invoice and reasonable documentation therefor. Should Landlord not use the full amount of the Landlord Allowance for Landlord’s Work, Tenant may use such remainder for further improvements to the Premises or for improvements to other space in the Building occupied by Tenant. Should this be the case, any excess Landlord Allowance shall be paid to Tenant within thirty (30) days of written request by Tenant, but not sooner than the Commencement Date, but in any event shall be requested within six (6) months of the Commencement Date or forfeited. The Tenant Allowance shall be reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the Premises. Tenant shall have the right to select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. ▇▇▇▇▇▇▇ Construction is deemed to be an approved contractor of Landlord. Landlord’s Work constitutes an Alteration under Article 8. Landlord shall be required as part of Landlord’s Work to obtain all permits, approvals and certificates of occupancy for Tenant to operate in the Premises for its Permitted Use. (c) By March 8, 2012, Tenant shall submit to Landlord for Landlord’s approval, working drawings and specifications (herein called “Plans”) for architectural, electrical, mechanical, sprinkler and plumbing work within the Premises and for all other Landlord’s Work proposed by Tenant. After receipt of the Plans, Landlord shall return to Tenant within ten (10) days, the Plans, marked either “approved”, “approved as noted” or “disapproved”. If they are marked “disapproved”, Landlord shall state the reasons for such disapproval and Tenant shall, or before fifteen (15) days after receipt of such “disapproved” Plans, correct any deficiencies stated by Landlord and acceptable to Tenant and resubmit within ten (10) days corrected Plans to Landlord. The final Plans shall be attached to this Lease as Exhibit “B”. Landlord covenants that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area Landlord’s Work in the Premises shall be determined constructed in such fashion as to comply with the notes disclosed on such Plans. Landlord’s Work shall be performed only in accordance with the Plans, as marked “approved as noted” or “approved” by Landlord. (d) Any work performed by Tenant with any excess Landlord Allowance (“Tenant’s Work”) shall be compliant with the following completion provisions: (i) Tenant shall first obtain the reasonable approval of Landlord of the Building specific work it proposes to perform and preliminary space shall furnish Landlord with reasonably detailed plans to be prepared by and specifications; (ii) The Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord Work shall submit to Tenant, for Tenant’s reasonable approval, a written certification made be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s architect of relationship with Landlord’s contractors or subcontractors or the exact amount of Rentable Area contained relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in the Premises, including a breakdown advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; (iii) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period contractors or subcontractors in the following paragraph, engage an independent certified architect Premises or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in generally; (iv) All construction contracts for Tenant’s Pro Rata Share Work must include language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and (v) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of Operating Expenses materials and Real Property Taxes equipment used in the performance of such work, for the removal of waste and other provisions of this Lease which are affected debris resulting therefrom, and for any damage caused by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver them to Landlord a commercially reasonable amendment to this Lease as prepared any installations or work performed by Landlord, which amendment shall set forth the revised ’s contractors and subcontractors. Tenant’s Pro Rata Share and other modifications Work shall be deemed to this Lease required by reason of the Landlord’s re-measurement of the Buildingbe an Alteration under Article 8 hereof.

Appears in 1 contract

Sources: Lease (Icg Group, Inc.)

Premises. That portion of Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office spaceterms and conditions hereinafter set forth, as shown on Exhibit B those certain premises (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF deemed to consist of deck space. Landlord represents that the entire Building is approximately 209,476 1,184 gross square feet of floor space (the “Rentable Area. Provided”) located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., however▇▇▇▇▇ ▇▇▇▇▇▇, that the exact amount of Rentable Area ▇▇▇▇▇▇▇ ▇▇▇▇▇ in the Premises shall be determined following completion building adjacent to the Golf Pro Shop on the Granada Golf Course, also known as the Granada Snack Shop. [Pending confirmation re size of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, premises] Although not a written certification made by Landlord’s architect part of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, the Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within to the first six months following use of the Commencement Dateterrace area indicated on the cross-hatched section of Exhibit “A” (the “Terrace Area”), within provided that at all times Tenant will maintain proper insurance coverage to cover the use of the Terrace Area when being used by Tenant or its reasonable discretionpatrons, Tenant is responsible for any damages caused to re-measure the Rentable Terrace Area while being used or as a result of use by the Tenant or its patrons, and further provided that the Terrace Area is used solely for the placement of outdoor seating for Tenant’s patrons. Tenant shall be responsible for the maintenance and repair of the Terrace Area. Tenant acknowledges that there exists in the Building City of Coral Gables an ordinance or ordinances regarding the placing of tables and chairs outdoors and that as with all governmental ordinances, it shall be required to make appropriate adjustments comply with same. In addition: a. The tables and chairs are not placed in Tenant’s a manner which would in any way obstruct the flow of pedestrian traffic to the Golf Pro Rata Share Shop; b. Tenant shall keep the area clean and free of Operating Expenses dirt, rubbish or spilled food (if Tenant fails to keep the area clean as outlined herein, Tenant agrees to pay Landlord the cost of Landlord cleaning the area, plus a 25% service charge); c. Tenant shall indemnify and Real Property Taxes hold Landlord and other provisions its managing agent harmless from and against any and all claims for injury or damage resulting from the tables and chairs or any dirt, rubbish or spilled food, which indemnity shall survive expiration or earlier termination of this Lease. This Lease which are affected by such re-measurement. Within ten (10) business days after receipt by does not grant any right to light or air over or about the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingPremises.

Appears in 1 contract

Sources: Retail Lease Agreement

Premises. That portion Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord for the term of this Lease and at the rental and upon the conditions set forth below, the Premises described in the Basic Lease Information and identified approximately on the drawings attached hereto as Exhibit A. The Premises are located within the building identified in the Basic Lease Information (the "Building"). Landlord warrants and represents that, as of the Building consisting Commencement Date, (i) the Premises will comply with all applicable laws, rules, regulations, codes, ordinances, underwriters' requirements, covenants conditions and restrictions (ii) the Premises will be in good and clean operating condition and repair, (iii) the electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises will be in good operating condition and repair, and (iv) the roof of approximately 114,264 square feet the Premises will be in good condition and water tight. Tenant shall notify Landlord in writing, within one (1) year after the Commencement Date of Rentable Area (as defined in Section 2.12) this Lease, of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area any defects in the Premises claimed by Tenant or in the materials or workmanship furnished by Landlord in completing the Tenant Improvements or Landlord's Work. Except for defects stated in such notices, Tenant shall be determined following completion of conclusively deemed to have accepted the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plansPremises "AS IS", Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premisescondition existing on the date Tenant first takes possession, including a breakdown by floor. Further, Tenant may at any time within one month after and to have waived all claims relating to the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area condition of the Premises. If Landlord shall proceed diligently to correct the defects stated in such calculation has a different Rentable Area than Landlord’s certificationnotice unless Landlord disputes the existence of any such defects. In the event of any dispute as to the existence of any such defects, the parties decision of Landlord's architect shall meet in good faith to resolve the discrepancy. After agreement by the parties be final and binding on the Rentable Area contained the Premises, parties. Landlord and Tenant hereby agree that Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth receive the revised Rent, Tenant’s Pro Rata Share benefit of any and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed warranties with respect to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within Landlord's Work and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingImprovements.

Appears in 1 contract

Sources: Net Office Lease (Doubletwist Inc)

Premises. That portion This Lease shall become effective when it has been signed by Landlord and Tenant (the date this Lease becomes effective being both the “Effective Date” and the “Commencement Date”). Tenant currently leases the Premises (defined below) from Landlord pursuant to a lease dated August 24, 1998 between Landlord’s predecessor in interest (by assignment), Sobrato Land Holdings, a California limited partnership, and Tenant’s predecessor in interest (by assignment), Symbol Technologies, Inc., a Delaware corporation (such lease, as the same has been amended as of the Building consisting Effective Date, being the “Existing Lease”). Unless and until this Lease becomes effective, the Existing Lease shall remain in full force and effect on the terms and conditions contained in the Existing Lease. Immediately upon this Lease becoming effective, the Existing Lease shall automatically terminate, and the term of approximately 114,264 this Lease shall immediately commence, and Tenant shall continue in occupancy of the Premises pursuant to this Lease. Subject to this Lease becoming effective, Landlord hereby leases to Tenant, and Tenant hires from Landlord those certain premises situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, being all of the rentable square feet of Rentable Area (footage contained in that certain building commonly known and designated as defined in Section 2.12) of office space, as shown on Exhibit B 6480 Via Del Oro (the “Premises”), located the general location of such building being shown on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF Exhibit “A” attached hereto. For purposes of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessarythe square footage of the building in which the Premises is located (“Building”) is deemed to be one hundred two thousand one hundred thirty nine (102,139) rentable square feet. Tenant shall have the nonexclusive right during the Lease Term (defined in Section 4.A below) to use three hundred fifty (350) of the parking spaces within the Common Area (defined below), provided however that (i) Tenant may not use any parking spaces upon an Additional Building Parcel (defined below) which amendment shall set forth are designated by the revised Rent, Tenant’s Pro Rata Share owner of such Additional Building Parcel from time to time for the exclusive use of its tenants and other modifications designated users, and (ii) the number of parking spaces which Tenant is allowed to use under this Lease required by reason of shall be proportionally reduced in the certified Rentable Area. In no event shall the actual Rentable Area size of the Premises be greater than 3% over decreases or there is a taking of the sizes set forth hereinCommon Area which decreases the number of parking spaces in the Project. The Premises In addition, during the Lease Term, Tenant shall include all items installed or constructed therein, or affixed have the non-exclusive right to use other areas in the Building therein, Project designated by Landlord as common area from time to time (the parking areas and such other areas designated by Landlord as common area being the “Common Area”) including but not limited toto sidewalks, doorsservice areas, partitionsand other common exterior facilities. Unless expressly provided otherwise, ceilingsthe term Premises as used herein shall include the Tenant Improvements (defined in Section 6.B below). The Building and Common Area are situated within a project site shared with four (4) additional buildings shown generally on Exhibit “A” attached hereto (“Project”). The four (4) additional buildings in the Project consist of the following buildings owned by various entities (each, built-an “Additional Building”): (i) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain eighty two thousand one hundred forty four (82,144) rentable square feet,; (ii) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain one hundred two thousand one hundred thirty nine (102,139) rentable square feet; (iii) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “6377 San ▇▇▇▇▇▇▇ Building”), deemed to contain eighty two thousand five hundred seventy four (82,574) rentable square feet; and (iv) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain sixty four thousand three hundred eighty five (64,385) rentable square feet. The parcel of land upon which an Additional Building is located is referred to in cabinetsthis Lease as an “Additional Building Parcel”. Landlord shall have the right, electrical fixturesin its sole and absolute discretion, fixturesfrom time to time, outletsto do the following, switchesprovided that reasonable access to the Premises remains available, telephone outletssuch changes or actions do not materially interfere with Tenant’s use of the Premises or its business operations, floor coveringsand the number of parking spaces allocated to Tenant is not permanently reduced: (a) make changes to the Common Area and/or the Project, window coveringsincluding, HVAC equipment within without limitation, driveways, entrances, circulation drives, parking spaces, parking areas, direction of driveways, landscaped areas and exclusively serving walkways; (b) close temporarily any of the Common Area for maintenance and repair purposes or to prevent a public dedication thereof; (c) add additional buildings to the Project and improvements to the Common Area or remove (except for the Building) or alter existing buildings or improvements in the Project; (d) use the Common Area while engaged in making additional improvements, repairs or alterations to the Project; (e) erect, use, and maintain pipes, wires and conduits in and through the Premises; and (f) do and perform any other acts, alter or expand or make any other changes in, to or with respect to the Common Area and/or the Project as Landlord may, in its sole and fire absolute discretion, deem to be appropriate, all of which are hereby consented to by Tenant. Landlord reserves the absolute right to effectuate such other tenancies in the other Project buildings that Landlord may own from time to time (if any), as Landlord in the exercise of its sole business judgment shall determine to best promote the interests of Landlord. Tenant has not relied on the fact, nor has Landlord represented, that any specific tenant or type or number of tenants shall occupy any space in the other Project buildings, or that any specific tenant or type of tenant shall be excluded from occupying any space in the other Project buildings. Landlord and life safety equipment within Tenant have agreed to use the square footage numbers set forth in this Lease as the basis of calculating the rent due under this Lease and exclusively serving Tenant’s Allocable Share (defined in Section 9.E below). The rent per square foot numbers set forth in the Premisesthird column of the Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet is intended solely as an approximate number calculated based on the agreed upon rentable square footage number for the Premises set forth in this Lease. Notwithstanding anything such rent per square foot numbers, the Base Monthly Rent amount set forth in the second column of such Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet shall control and shall not be subject to revision if the contrary actual square footage of the Premises is more or less than the square footage stated in this Lease. The rent due under this Lease and Tenant’s Allocable Share shall not be subject to revision if the actual square footages are more or less than as stated in this Lease, but subject except in the event of a physical expansion or contraction of the rentable square footage in the Premises or Project, in the event of a partial taking of the Project which reduces the parking spaces within the Project as described in Section 17 below, or as otherwise expressly provided in this Lease. No representation or warranty of any kind, express or implied, is given to Tenant with respect to the provision that in no event shall the actual Rentable Area square footage or acreage of the Premises be greater than 3% over Premises, Building or any other portion of the sizes set forth herein, Project. Landlord shall have no liability to Tenant if the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area square footages or acreage described in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by differ from the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingactual square footages or acreage.

Appears in 1 contract

Sources: Lease Agreement (Extreme Networks Inc)

Premises. That portion of (a) Landlord leases to Tenant and Tenant leases from Landlord the Building consisting of approximately 114,264 Premises. Tenant accepts the Premises “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square feet of Rentable Area (as defined footage set forth in Section 2.121 above without regard to actual measurement. (b) of office spaceLandlord shall cause to be constructed, as shown in a good and workmanlike manner and in compliance with applicable Laws, the improvements, alterations and modifications to the Premises set forth on Exhibit B “C” (the “PremisesLandlord’s Work”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises The Landlord’s Work shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration comprised of the Landlord’s remeasurement period Work/Roof, Utility Yard and Elevator (as hereinafter defined) and the Landlord’s Work/Landscaping & Parking (as hereinafter defined). In constructing the Landlord’s Work, Landlord shall use new materials and equipment of good quality, as applicable, and all materials related to the Landlord’s Work/Landscaping & Parking shall be consistent with those of a Class A research and development project (unless, with respect to the foregoing, otherwise expressly provided on Exhibit “C”). Landlord reserves the right to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon the Landlord’s Work/Roof, Utility Yard and Elevator being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Landlord’s Work/Roof, Utility Yard and Elevator with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Landlord’s Work/Roof, Utility Yard and Elevator. Landlord shall cause such punchlist items to be repaired or completed as soon as reasonably practicable, but in any event within thirty (30) days of Landlord’s receipt of the punchlist. Landlord shall obtain (i) from Landlord’s roofing contractor, Firestone Building Products Company, LLC, a fifteen (15)-year roof warranty substantially in the following paragraphexample form attached hereto as Exhibit “I” (the “Firestone Warranty”) and (ii) from Landlord’s general contractor, engage an independent certified architect or surveyor ARCO, a one (1)-year warranty pertaining to measure the Rentable Area installation of the Premises. If such calculation has a different Rentable Area than Building roof as part of the Landlord’s certificationWork/Roof, Utility Yard and Elevator (the parties “Arco Warranty”). Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall meet be presumed that all of the Landlord’s Work/Roof, Utility Yard and Elevator shall be free from defects in good faith to resolve materials and workmanship (other than latent defects), excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Upon the discrepancy. After agreement by the parties on the Rentable Area contained the PremisesLandlord’s Work/Landscaping & Parking being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall execute inspect the Landlord’s Work/Landscaping & Parking with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Landlord a commercially reasonable amendment punchlist of defective or incomplete portions of the Landlord’s Work/Landscaping & Parking. Landlord shall cause such punchlist items to this Leasebe repaired or completed as soon as reasonably practicable, if necessary, which amendment shall set forth but in any event within thirty (30) days of Landlord’s receipt of the revised Rent, punchlist. Upon completion of all punchlist items to Tenant’s Pro Rata Share and other modifications to this Lease required by reason reasonable satisfaction, it shall be presumed that all of the certified Rentable Area. In no event Landlord’s Work/Landscaping & Parking shall the actual Rentable Area of the Premises be greater free from defects in materials and workmanship (other than 3% over the sizes set forth herein. The Premises shall include latent defects), excluding however, all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-repairs required in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within connection with routine maintenance and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premisesthose repairs caused by Tenant. Notwithstanding anything to the contrary in this Lease, but the Chiller Removal Work (as hereinafter defined) and the Roof Insulation Work (as hereinafter defined) shall be constructed or otherwise performed by Landlord at Tenant’s sole cost and expense, and the applicable portion of the Tenant Improvement Allowance (as defined below) shall be reallocated and applied toward the Total Costs (as hereinafter defined) and the outstanding amount of the Tenant Improvement Allowance shall be reduced on a dollar-for-dollar basis by the amount so reallocated. (c) Landlord and Tenant acknowledge that the Landlord’s Work and the Tenant Improvements shall be performed concurrently. During the performance and completion of the Landlord’s Work and the Tenant Improvements (as hereinafter defined), Landlord and Tenant shall reasonably cooperate and coordinate with, and shall use commercially reasonable efforts not to interfere with, the other party and the other party’s Agents and shall follow the reasonable policies and safety directives of the other party’s contractors. Notwithstanding anything to the contrary set forth in this Section 2, in the event that the Delivery Condition Work (as hereinafter defined) is not completed on or prior to July 1, 2021 (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure), then, for each day following July 1, 2021 that passes without Landlord completing the provision Delivery Condition Work (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure), Tenant shall receive a one (1) day credit of Minimum Annual Rent (the “Delay Credits”), which Delay Credits shall be applied against the next payment(s) of Minimum Annual Rent due and owing by Tenant until reimbursed in full. In addition, if the Delivery Condition Work is not completed on or prior to the Commencement Date (subject to extension on a day-for-day basis for any delay caused by Tenant Delay and/or Force Majeure) (the “Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to cancel this Lease by written notice to Landlord delivered not later than the earlier of (1) the date that the Delivery Condition Work is completed and (2) the date that is (30) days following the Outside Delivery Date, and, thereafter, Landlord shall return the Letter of Credit to Tenant and refund any amounts paid by Tenant to Landlord in no event connection with this Lease and neither party shall have any further liability under this Lease, except for any liability which expressly survives the actual Rentable Area termination hereof. In addition, if the Landlord’s Work/Landscaping & Parking is not Substantially Completed on or prior to August 15, 2021 (subject to extension on a day-for-day basis for any delay caused by Tenant Delay), then Tenant shall have the right, as its sole remedy, by written notice to Landlord at any time prior to the date that the Landlord’s Work/Landscaping & Parking is Substantially Completed, to assume completion of the Landlord’s Work/Landscaping & Parking. Upon receipt of written notice of Tenant’s election to assume completion of the Landlord’s Work/Landscaping & Parking, Landlord shall, if requested by Tenant, assign its rights under all contracts, documents and agreements relating to the Landlord’s Work/Landscaping & Parking to Tenant to allow Tenant to complete the Landlord’s Work/Landscaping & Parking in accordance with Exhibit “C” as soon as possible with the exercise of diligence and commercially reasonable efforts. If Tenant elects to assume completion of the Landlord’s Work/Landscaping & Parking in accordance with this Section 2(c), then (A) Tenant will use commercially reasonable efforts to complete the Landlord’s Work/Landscaping & Parking as expeditiously as possible and (B) Landlord shall reimburse Tenant for Tenant’s reasonable, third-party, out-of-pocket costs and expenses incurred in completing Landlord’s Work/Landscaping & Parking within thirty (30) days after receiving an invoice from Tenant setting forth a reasonably particularized breakdown of such costs and expenses. (d) In addition, Landlord shall provide Tenant with an allowance in an amount up to $5,899,410.00 (as such amount may be reduced on a dollar-for-dollar basis by an amount equal to the Total Costs, as expressly set forth in Section 2(b) above, the “Tenant Improvement Allowance”) towards the hard and soft costs of improvements to be constructed in the Premises be greater than 3% over by Tenant including, without limitation, those improvements set forth on Exhibit “G” attached hereto (collectively, the sizes “Tenant Improvements”). Tenant acknowledges and agrees that, except for the Landlord’s Work and as otherwise expressly set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and has no obligation whatsoever to make appropriate adjustments any improvements to the Premises, it being the understanding of the parties that Tenant accepts the Premises in their current “AS IS” condition and that Tenant shall be solely obligated, at Tenant’s sole cost and expense (subject to the application of the Tenant Improvement Allowance) and in Tenant’s Pro Rata Share sole discretion (subject, however, to the terms and conditions of Operating Expenses this Lease), to make any improvements necessary for Tenant’s business operations in the Premises and Real Property Taxes to obtain any and other all Permits required for Tenant’s construction of the Tenant Improvements and Tenant’s occupancy of the Premises. Any Tenant Improvements shall be constructed by Tenant and Tenant’s Agents in a good and workmanlike manner, using new or like-new materials, and in accordance with all applicable Laws and in accordance with the terms and conditions of this Lease, including but not limited to Section 12 and Section 13 (the “Lease Requirements”); provided, that, in the event of any conflict between the provisions of Section 12 or Section 13 and the terms of this Section 2(d) with respect to the construction of the Tenant Improvements, the terms of this Section 2(d) shall control with respect to the construction of the Tenant Improvements. Without limiting any of the Lease Requirements, the Tenant Improvements shall conform with a space plan, specifications and construction drawings reasonably approved in writing in advance by Landlord. Upon Tenant’s request (which request shall make specific reference to this Section 2(d)), at the time Landlord provides its advanced written approval of the initial plans and specifications for such Tenant Improvement (to the extent so approved by Landlord), Landlord shall notify Tenant whether Tenant shall be required to remove such components of the Tenant Improvements that constitute Specialty Improvements at the expiration or termination of this Lease, and to restore the affected portions of the Premises to the condition required under Section 21. Failure of Landlord to notify Tenant that a Tenant Improvement must be removed shall mean that Tenant may leave or remove such Tenant Improvement, at its election, provided that if Tenant removes such Tenant Improvement, then Tenant shall repair any damage caused by such removal. Notwithstanding anything to the contrary herein, in no event shall Tenant be required to remove any Tenant Improvement unless the same constitutes a Specialty Improvement. All of Tenant’s contractors and subcontractors working in connection with the Tenant Improvements shall carry insurance reasonably required by Landlord, naming Landlord as an additional insured. Subject to the foregoing, Landlord shall disburse the Tenant Improvement Allowance to Tenant in installments (no more frequently than once per month) of at least $75,000 within thirty (30) days after Landlord’s receipt of written request therefor after the portion of the Tenant Improvements for which Tenant is seeking reimbursement has been completed, together with the following: (1) the appropriate AIA application for payment signed by Tenant’s general contractor and architect, (2) copies of all required current Permits for the Tenant Improvements not previously provided to Landlord, (3) paid invoices, and (4) lien waivers from contractors, subcontractors and vendors for completed work provided on a thirty (30) day trailing basis, with waivers for any portion of the Tenant Improvement Allowance previously funded by Landlord and any portion of the Tenant Improvement costs previously required to be paid by Tenant being submitted with the current request. Tenant shall pay all costs of the Tenant Improvements in excess of the Tenant Improvement Allowance. Any portion of the Tenant Improvement Allowance not used within eighteen (18) months after the Effective Date shall be deemed forfeited. If Landlord fails to disburse any portion of the Tenant Improvement Allowance after Tenant has properly requested disbursement of such portion and otherwise satisfied the terms and conditions set forth above in this Section 2(d) in connection with such requested disbursement, Tenant shall deliver written notice of such failure to Landlord (“Tenant’s Allowance Disbursement Reminder Notice”), which such Tenant’s Allowance Disbursement Reminder Notice shall have been marked in bold lettering with the following language: “THIS IS A NOTICE PURSUANT TO THE TERMS OF A LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD. LANDLORD’S FAILURE TO TAKE ACTION WITHIN THIRTY (30) DAYS WILL RESULT IN OFFSET RIGHTS AGAINST CERTAIN AMOUNTS OWING UNDER THE LEASE” and the envelope containing the Tenant’s Allowance Disbursement Reminder Notice shall have been marked in bold lettering with the following language: “PRIORITY-OFFSET RIGHTS UNDER LEASE AGREEMENT MAY APPLY”. If Landlord fails to disburse the applicable portion of the Tenant Improvement Allowance within thirty (30) days after receipt of Tenant’s Allowance Disbursement Reminder Notice, Tenant shall be permitted to fund such portion of the Tenant Improvement Allowance and offset (on a dollar-for-dollar basis) such amount against the next payment(s) of Minimum Annual Rent due and owing by Tenant until reimbursed in full; provided, however, that the maximum monthly offset shall not exceed fifty percent (50%) of the monthly installment of Minimum Annual Rent then payable under this Lease. Landlord hereby approves Technical Builders Inc. as a contractor in connection with the construction of the Tenant Improvements. Tenant shall not be required to use union labor. Notwithstanding any of the foregoing, Tenant shall not be required to design or construct any Tenant Improvements in the Premises. Subject to Landlord’s right to approve any space plan, specifications and construction drawings in connection therewith, Landlord hereby approves the Tenant Improvements described in Exhibit “G” hereto and approves any Tenant Improvements that represent a logical evolution of the work described in Exhibit “G”. Landlord shall respond to any consent or approval request with respect to the Tenant Improvements within ten (10) days. If Landlord fails to respond within such ten (10) day period, then Tenant may send written notice to Landlord containing the following language: “LANDLORD’S RESPONSE IS REQUIRED WITHIN THREE (3) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD” and the envelope containing such notice shall have been marked in bold lettering with the following language: “PRIORITY-DEEMED APPROVAL MAY APPLY”. If Landlord fails to respond within three (3) business days following receipt of such written notice, then Landlord shall be deemed to have granted its consent or approval to the request. For purposes of clarification, Landlord requesting additional and/or clarified information with respect to any consent or approval request with respect to the Tenant Improvements, in addition to approving or denying any request (in whole or in part), shall be deemed a response by Landlord for purposes of the foregoing. (e) Commencing on the Effective Date, Landlord shall permit Tenant to enter the Premises in order to (i) inspect the Premises, (ii) commence installing its equipment, racking system, cabling, wiring, fixtures, and furniture, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits in connection with the installation thereof, and (iii) construct the Tenant Improvements (subject to this Section 2) and, commencing on October 1, 2021, Tenant shall also be entitled to use and occupy the Premises for the conduct of its business. With respect to such early access, all provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenantshall then be in full force and effect, the Tenant shall executespecifically including, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlordbut not limited to, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.Sections 7, 8 an

Appears in 1 contract

Sources: Lease Agreement (QuantumScape Corp)

Premises. That portion (a) This Lease shall be effective as between Landlord and Tenant as of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined 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 Section 2.12) of office space, as shown on Exhibit B A attached hereto and made a part hereof (the “Premises”), located including any tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed by Tenant in accordance with the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. As hereinafter used in this Lease, the term “Building” shall refer to the entire structure which is synonymous with the Premises, and the term “Lot” shall refer to the Assessor’s tax parcel on Floors 13 through 18 which the Building is situated. This Lease confers no rights either with regard to the subsurface of the land below the ground level of the Building or with regard to airspace above the roof of the Building. (19,044 RSF per floorb) Tenant acknowledges that, as of the Lease Date, the Building is vacant. Prior to the Commencement Date, Landlord and Tenant have agreed that Landlord will complete certain improvements to the Building (the “Base Building Work”) and 3,992 RSF Tenant will complete certain improvements to the Building (the “Tenant Improvements), both as more particularly described on Exhibit A-1 and Exhibit B attached hereto. The Tenant Improvements shall be funded in part by the Tenant Improvement Allowance and Additional Allowance as set forth in the Section 4.2 of deck spacethe 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 represents that in writing of such noncompliance and the entire Building is approximately 209,476 square feet 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 “BOMA Standard”)) to determine the rentable area and usable area of Rentable Areathe Premises. ProvidedBased on such measurement, the Base Rent, and Tenant Improvement Allowance and Additional Allowance shall be proportionately adjusted; provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall (i) will such measurement result in a Rent increase to Tenant of more than two percent (2%), or (ii) will the actual Rentable Area rentable area of the Premises be more than ten percent (10%) greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to “Office Area” (as that term is defined in the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving BOMA Standard) of the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. That portion of Landlord hereby leases to Tenant those certain premises designated on the Building consisting of approximately 114,264 square feet of Rentable Area (Plan attached hereto as defined in Section 2.12) of office space, as shown on Exhibit B “A” (the “Premises”), located on Floors 13 through 18 as more particularly defined in subparagraph B of Paragraph 1 hereof, together with: (19,044 RSF per floori) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedan exclusive right to use, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed subject to the Building thereinprovisions hereof, and that certain Master Deed for Candlewood Hotel/Office Center Condominium recorded at Liber 17654, Page 812 with the Oakland County, Michigan Register of Deeds (the “Master Deed”), all appurtenances thereunto, including but not limited to, doorsall limited and general common elements benefiting Unit 2, partitionsincluding parking areas; and (ii) the rights of the Landlord under the Parking Easement. This Lease is subject to the terms, ceilingscovenants 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, built-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 cabinetstheir “AS IS” “WHERE IS” physical condition and “WITH ALL FAULTS” with out any agreements, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving representations or obligations on the Premises, and fire and life safety equipment within and exclusively serving part of Landlord as to the Premisescondition of the Premises or Building. Notwithstanding anything to the contrary contained in this Lease, but subject 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 provision that extent any personal property is purchased and installed in no event shall the actual Rentable Area of 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 greater than 3% over repaired pursuant to such warranties. Provided Tenant is not in default under the sizes set forth hereinLease beyond any applicable grace or cure period, Landlord 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 within to expand the first six months 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 Commencement Dateparty performing such construction work shall be able to obtain any and all necessary consents or approvals for construction of the improvements; (iii) all such improvements shall comply in all respects with all applicable laws and ordinances; (iv) if Landlord is performing the work, ▇▇▇▇▇ ▇▇▇▇▇ 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; (v) the party performing such work shall provide lien waivers and title insurance coverage as such construction progresses; and (vi) if the Tenant is the party performing such work, Tenant shall 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 the timing of the construction of the Expansion shall be agreed upon between Landlord and Tenant as 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 (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 Expansion. In the event that the parties fail to agree upon the terms and 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 Expansion, at its reasonable discretionsole cost and expense, pursuant to re-measure the Rentable Area terms and conditions set forth in the Building immediately preceding paragraph and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and the other provisions of this Lease relating to Alterations, except that Tenant shall select the general contractor or construction manager who will be undertaking the work, subject to Landlord’s consent which are affected by such re-measurementshall not be unreasonably withheld, delayed or conditioned. Within ten (10) business days after receipt by Notwithstanding the Tenantforegoing, 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 Tenant Base Rent shall execute, acknowledge not be increased as a result of the construction of the Expansion. The parties shall execute and deliver to Landlord a commercially reasonable an amendment to this Lease as prepared by Landlord, which amendment shall set forth consistent with the revised Tenant’s Pro Rata Share and other modifications foregoing prior to this Lease required by reason the construction of the Landlord’s re-measurement 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 leasing of the BuildingExpansion 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. That portion (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 consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as on the Commencement Date is shown on Exhibit B A. Landlord and Tenant desire that certain alterations and improvements to space within the Building be made to achieve the separation of the operations of Tenant from the operations of Landlord (the PremisesSeparation Work), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF at the end of deck spacesuch Separation Work, the premises within the Building demised to Tenant under this Lease shall be as depicted on Exhibit B. On the Commencement Date, the premises demised to Tenant under this Lease shall be the space within the Building that is now currently occupied by Tenant, together with the non-exclusive right to use the driveways, parking areas and Common Areas (defined below) on the Property. In the performance of the Separation Work within the Building, Landlord represents that the entire Building is approximately 209,476 square feet shall take into consideration Tenant’s use of Rentable Area. Provided, however, that the exact amount of Rentable Area and operations in the Premises shall be determined following completion of the Building and preliminary space plans use all commercially reasonable efforts to be prepared by minimize disruption to Tenant’s architectoperations. Promptly after Landlord approves the preliminary space plans, Landlord shall submit Tenant agrees to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet cooperate in good faith to resolve with Landlord in achieving the discrepancySeparation Work. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment 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 applicable, the initial space occupied by Tenant in the Building and the final space depicted on Exhibit B to this Leasebe 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, if necessaryincluding 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, which amendment shall set forth the revised Rent“Separation Work Communications”). In furtherance of the foregoing mutually cooperation, Landlord may make changes to the Separation Work that (i) do not materially impair Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area use of the Premises be greater than 3% over for the sizes Permitted Purpose, (ii) do not materially alter the plans set forth herein. The Premises shall include all items installed or constructed thereinon Exhibit B, or affixed to the Building thereinincluding, including but not limited to, doorscustomary “field” changes, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises(iii) are required by any governmental authority, and fire and life safety equipment within and exclusively serving the Premises(iv) are required to address an unforeseen circumstance arising during construction (collectively, “Landlord Permitted Changes”). Notwithstanding anything If Landlord desires to make any change to the contrary Separation Work which does not constitute a Landlord Permitted Change, Landlord shall obtain Tenant’s written consent to such change; provided that Tenant’s consent to such change shall not be unreasonably withheld, conditioned or delayed. Tenant shall be deemed to have granted its consent to any such change if Tenant fails to deliver, within five (5) Business Days following receipt of Landlord’s notice of the proposed change, a written notice to Landlord objecting in reasonable detail the specific elements of the proposed change that Tenant asserts (y) do not constitute a Landlord Permitted Change and (z) are objectionable and the reasons why, provided, however, if Tenant requests in writing within the initial five (5) Business Day period, Tenant may have an additional five (5) Business Days to provide Landlord such written response. As used in this Lease, but subject to the provision that in no event term “Business Day” shall the actual Rentable Area of the Premises be greater mean any day other than 3% over the sizes set forth hereina Saturday, Landlord shall have the right within the first six months following the Commencement DateSunday, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingor federal holiday.

Appears in 1 contract

Sources: Lease Agreement (Embecta Corp.)

Premises. That portion Based upon the Plans for the Tenant Improvements to be performed by the Landlord in the Suite 310 Expansion Premises, Landlord shall use reasonable efforts to substantially complete the work as set forth in Exhibit A-1 (“Landlord’s Work”) by the targeted date of August 1, 2025. Subject to the Building consisting occurrence of approximately 114,264 square feet of Rentable Area a Force Majeure Event(s), and Tenant Delay(s), if Substantial Completion (as defined in Section 2.12below) 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 after September 1, 2025 until the actual Suite 310 Expansion Premises Commencement Date. For purposes of office spaceclarity, this base rent credit provision shall not apply to the Premises as shown defined prior to the Suite 310 Expansion Premises Commencement Date, and Tenant shall continue to pay rent on Exhibit B all other portions of the Premises regardless of Landlord’s Work. Landlord’s Work shall be deemed substantially complete on the date (the “PremisesSubstantial Completion)) the Landlord notifies Tenant that, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF with the exception of deck spacepunch list items, the Landlord has completed the Landlord’s Work. Landlord represents that Notwithstanding the entire Building is approximately 209,476 square feet of Rentable Area. Providedforegoing, however, that the exact amount of Rentable Area if any delay in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration Substantial Completion of the Landlord’s remeasurement period Work by Landlord is due to Tenant Delays, then the Substantial Completion Date shall be deemed to 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 the Plans requested by Tenant that do not conform to Landlord’s Building Standards for office build-out; (b) any change in the following paragraph, engage an independent certified architect Plans requested by ▇▇▇▇▇▇; (c) failure to approve changes or surveyor modifications to measure the Rentable Area Plans within the time limits provided herein; (d) any request by Tenant for a delay in the commencement or completion of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith Work for any reason other than due to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Force Majeure Event once such work has commenced; (e) Tenant’s Pro Rata Share and failure to respond to any Landlord request or that of its construction staff within three (3) Business Days; or (f) any other modifications to this Lease required by reason act or omission of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed Tenant or constructed thereinits employees, agents or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingcontractors.

Appears in 1 contract

Sources: Commercial Lease (Ardelyx, Inc.)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in 2.1 Tenant leases the Premises shall be determined following completion of from Landlord upon the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth terms stated herein. The Premises shall include all items installed or constructed therein, or affixed Tenant will have the non-exclusive right to use the common and public areas of and the surface parking spaces appurtenant to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Building. 2.2 Landlord shall have the right within to change the first six months location and configuration of the Premises subject to the following terms and conditions: (a) if Tenant has commenced beneficial use of the Commencement DatePremises, within its reasonable discretion, to re-measure then Landlord shall provide Tenant not less than thirty (30) days’ advance written notice of the/ date Tenant must vacate the Rentable Area Premises; (b) Landlord shall provide Tenant with substitute space of similar nature and size elsewhere in the Building (the “Substitute Premises”); and to make appropriate adjustments in (c) Landlord shall at Landlord’s expense (1) remove Tenant’s Pro Rata Share of Operating Expenses equipment and Real Property Taxes furniture from the Premises and other provisions of this Lease reinstall them in the Substitute Premises, and (2) redecorate the Substitute Premises in a manner substantially similar to the manner in which are affected by such re-measurementthe Premises were decorated. Within ten (10) business days after receipt by Landlord submits an amendment of this Lease indicating the location and configuration of the Substitute Premises, Tenant shall execute such amendment. 2.3 Tenant shall have use of the existing furniture in the Premises for the Lease Term. Attached hereto as Exhibit B is an inventory of the existing furniture. All such furniture shall remain in the Premises during the Lease Term. Provided Tenant occupies the Premises for the entirety of the Lease Term and further provided that there has been no Event of Default on the part of Tenant, at the end of the Lease Term all such furniture shall become the property of Tenant and shall be removed from the Premises. 2.4 Tenant shall executehave the right, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised at Tenant’s Pro Rata Share option, to assume the lease for the existing phone system within the Premises (subject to all terms and other modifications conditions of said phone system lease). In the event Tenant assumes the phone system lease, Tenant shall be responsible for all costs and fees, including transfer fees, relating thereto. In the event Tenant elects not to assume the phone system lease, Landlord agrees to remove the phone system from the Premises. Tenant shall notify Landlord of its intention to assume the phone system lease within ten (10) days from the date of execution of this Lease. Reston Lease required by reason of the Landlord’s re-measurement of the Building.- Commerce Park Lease Agreement Final.doc

Appears in 1 contract

Sources: Lease Agreement (Saflink Corp)

Premises. That Effective as of the date hereof, Section 1.01 of the Original Lease is amended to add the following: “Tenant and Landlord agree that Tenant shall surrender the “Existing Premises” (such term as used herein intending to refer to the 3,102 rentable square feet on the 3rd floor of the portion of the Building consisting known as the Riverview Building and known as Suite 3D) to Landlord on the “Replacement Premises Commencement Date” (as herein after defined) in accordance with the provisions of approximately 114,264 Section 8.6, and as of such date Tenant shall cease to have any tenancy or occupancy rights to the Existing Premises. Landlord and Tenant agree that from and after the Replacement Commencement Date, the “Premises” shall be the 5,855 rentable square feet on the 2nd floor of Rentable Area (the portion of the Building known as defined in Section 2.12) of office spacethe Courtside Building, as shown on Exhibit B A (revised) attached hereto (also known as the “Replacement Premises”). Tenant agrees to lease the Replacement Premises from Landlord, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that hereby agrees to lease the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Replacement Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, subject to all of the terms and conditions hereof, commencing on the Replacement Premises Commencement Date. Tenant acknowledges that it has had a full, adequate and complete opportunity to inspect the Replacement Premises, and, subject to Landlord’s obligation to complete “Landlord’s Replacement Premises Work” (as hereinafter defined), Tenant is fully and completely satisfied with the Replacement Premises. If any repairs, improvements or work, other than Landlord’s Replacement Premises Work, should be necessary to prepare the Replacement Premises for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Furtheruse and occupancy, Tenant may shall perform such additional work at Tenant’s sole cost and expense and in any time within one month after event in accordance with the expiration terms and conditions of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth . On the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Replacement Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, this Lease shall terminate with respect to re-measure the Rentable Area in Existing Premises and all of the Building terms and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions conditions of this Lease which are affected by such re-measurementshall apply to the Replacement Premises. Within ten (10) business days after receipt by Thereafter, all references to the Tenant, capitalized term “Premises” shall mean the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingReplacement Premises.

Appears in 1 contract

Sources: Lease (Forrester Research, Inc.)

Premises. That portion Section 2.1. The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this lease, the Building consisting of premises (hereinafter referred to as the "demised premises") shown on Exhibit "A" hereto annexed and made a part hereof as Georgetown Savings Bank containing approximately 114,264 4,140 square feet of Rentable Area total area and containing approximately 2,437 square feet of interior floor area, (as defined may be varied depending upon the number of approved drive through tellers, not to exceed two), in Section 2.12) the area designated "Eaglewood Shops" on said Exhibit "A". The Eaglewood Shops includes the shopping center located in the Town of office spaceNorth Andover, County of Essex, Commonwealth of Massachusetts, the initial boundaries of which are delineated on said Exhibit "A". For purposes of this lease, the demised premises shall include the drive through teller areas, driveways and structures as shown on the attached exhibit "A". Prior to the Commencement Date, the Tenant's Architect shall measure the premises to determine the actual area of the drive through, the total area of the interior of the premises and the total combined area. The interior premises shall be measured from the exterior of the outside walls and from the center of common demising walls. Subject to Landlord's consent, these determinations shall be reduced to writing and made an Exhibit B to this original lease and any counterparts. The measurements in said Exhibit shall control in the determination of the Tenant's share of common area expenses and additional rent hereunder. Excepting and reserving to the Landlord the roof and exterior walls of the building or buildings of which the demised premises are a part; and further reserving to the Landlord the right to place above the dropped ceiling and/or below the finished floor in the demised premises (in such manner as to reduce to a minimum the “Premises”interference with the Tenant's use of the demised premises) utility lines, pipes, and the like, to serve premises other than the demised premises, and to replace and maintain and repair such utility lines, pipes and the like in, over and upon the demised premises as may have been installed in said building or buildings. Any such right to install or place utilities and the like above the ceiling of the demised premises shall take into account Tenant's requirements and those of its regulators, insurers and consultants regarding the security of its site as a bank. Except in the case of an emergency, which shall mean immediate peril of human life or property, in which event Landlord shall attempt if reasonably possible to give Tenant telephone notice, (Tenant shall furnish an emergency phone list to Landlord which it shall update as necessary), located any access to said space shall only be on Floors 13 through 18 (19,044 RSF per floor) notice to and 3,992 RSF of deck space. Landlord represents that with the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion express consent of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord Tenant shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area place such alarms and security devices in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurementarea as it shall see fit. Within ten (10) business days after receipt by the Tenant, the The Tenant shall executenot be required to provide the landlord with any codes or other relevant information in regard to said security devices, acknowledge and deliver but will cooperate with the landlord to Landlord a commercially give access on reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingrequest.

Appears in 1 contract

Sources: Lease Agreement (Georgetown Bancorp, Inc.)

Premises. That Tenant currently occupies the Premises and represents to Landlord that it has examined and inspected the same, finds them satisfactory for Tenant’s intended use, and constitutes Tenant’s acceptance “AS IS - WITH ALL FAULTS.” Landlord makes no express or implied representations or warranties as to the condition of the Premises whatsoever. Promptly following the Effective Date, Tenant, at Tenant’s sole cost and expense, shall (i) remove the internal stairwell between floor 3 and floor 4 of the Project, close off the area in which the stairwell was located, and restore the Project (including roof, ceiling, and flooring) in such area and (ii) finish the unfinished portion of the Building consisting Premises located on the first floor (collectively, the “Tenant Work”). The Tenant Work shall be performed in compliance with Exhibit B. It being understood that Landlord has no construction responsibilities with respect to the delivery of approximately 114,264 square feet the Contracted Premises. The Tenant Work shall be performed pursuant to Exhibit B. The portion of Rentable Area the Tenant Work described in clause (as defined i) above shall be completed in Section 2.12) accordance with the provisions of office space, as shown on Exhibit B (and sufficient to allow the “Premises”), located commencement of the new tenant’s occupancy under the New Lease on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck spaceor before 4th Floor Contraction Date. Landlord represents In the event that the entire Building Tenant Work described in clause (i) above is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement not completed by the parties on 4th Floor Contraction Date, (a) Tenant acknowledges that Landlord will incur damages under the Rentable Area contained the PremisesNew Lease, Landlord and (b) Tenant shall execute a commercially reasonable amendment pay to this Lease, if necessary, which amendment shall set forth Landlord as damages for such failure to complete the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-Tenant Work described in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten clause (10i) business days after receipt above by the Tenant, 4th Floor Contraction Date an amount equal to Five Hundred and No/100 Dollars ($500.00) per day for each day between the 4th Floor Contraction Date and the date on which the Tenant shall executeWork is complete, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared excluding from that time period delays caused by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingForce Majeure.

Appears in 1 contract

Sources: Lease Amendment (Extreme Networks Inc)

Premises. That portion In consideration of the Building consisting 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 114,264 61,380 rentable square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 ) in a building to be constructed by Landlord (19,044 RSF per floorthe “Building”) and 3,992 RSF situated on certain land (the “Land”) in Morrisville, the County of deck spaceWake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. Landlord represents that A floor plan of the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in and the Premises shall be determined following completion 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 the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner and in accordance with all laws, statutes, and regulations, 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 Premises and any improvements thereto are in good and satisfactory condition as of the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the responsibility of Landlord within thirty (30) days of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the 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 deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (herein referred to collectively as the “Plans”) which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and preliminary space plans made a part hereof. Tenant shall review the Plans to be prepared by Tenant’s architect. Promptly after Landlord approves provide its input with respect to all aspects of the preliminary space plansPlans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall submit act reasonably to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect accommodate the specific needs of Tenant with respect to the exact amount of Rentable Area contained in Building systems. Notwithstanding the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premisesabove, Landlord and Tenant agree that a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord’s architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall execute replace Exhibit C by means of a commercially reasonable lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to this Leasebe Ninety-Four and 35/100 Dollars ($94.35) per rentable square foot of the Premises (the “Shell Allowance”). Should the actual costs of the Shell Building (together with the reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, if necessarythe base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Shell Allowance by a factor of Ten and 85/100 Percent (10.85%), which amendment shall as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) also includes a contribution by the Landlord of Ninety-Two and 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the revised Rent“Upfit Allowance”). Further, Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and 86/100 Dollars ($12.86) per Rentable Square Foot of the Premises to satisfy Tenant’s Pro Rata Share and other modifications to this Lease required interior finish requirements, as reasonably approved by reason Landlord (the Additional Upfit Allowance”). At the option of Tenant, any portion or all of the certified Rentable AreaAdditional Upfit Allowance used by Tenant to complete the upfit shall be amortized over the term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. In no event shall Should for any reason the actual Rentable Area of upfit costs for the Premises be greater than 3% over a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the sizes set forth herein“Maximum Upfit Allowance”), such excess (the “Excess”) shall be borne by Tenant and payable by Tenant to Landlord within thirty (30) days of demand by Landlord to Tenant. The Premises shall include Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder and, in addition to all items installed or constructed thereinother remedies available to Landlord at law, or affixed in equity for such event of default, Landlord may recover from Tenant the cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall be allowed to upgrade the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord apply the unused Upfit Allowance (together with the reduced financing costs and fire commissions of Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as reasonably determined by Landlord and life safety equipment within and exclusively serving Tenant. Additionally, in the Premises. Notwithstanding anything to event that Tenant shall not utilize all the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area Upfit Allowance or all or any part of the Premises be greater than 3% over the sizes set forth hereinAdditional Upfit Allowance, Landlord Tenant shall have the right within to apply such unused monies towards the first six months following costs of upfitting the Premises subsequent to completion of the initial improvements (“Deferred Allowance”) up to the Maximum Upfit Allowance, subject to mutual and reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant’s right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any improvement allowances of any kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the “Amortization Constant”), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord shall act reasonably to allow Tenant reasonable access to the Premises at least thirty days prior to the Commencement DateDate to install its furniture, within its reasonable discretiontelephone and computer systems, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other special Building systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the Premises for occupancy by Tenant. Upon the entry by Tenant onto the Premises, this Lease shall be deemed to apply with respect to the 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 which are affected by such re-measurement. Within ten (10) business days after receipt by the TenantLease, the Tenant shall execute, acknowledge as provided in Sections 10 and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building11 hereof.

Appears in 1 contract

Sources: Lease Agreement (Trimeris Inc)

Premises. That portion of Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the Building consisting of approximately 114,264 square feet of Rentable Area terms and conditions herein set forth, that certain building (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”)) referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as Exhibit “A”. In addition, Tenant shall have the following rights with respect to the real property (excluding buildings located on Floors 13 through 18 thereon) more particularly described in the legal description attached as Exhibit “B” hereto (19,044 RSF per floorif applicable) and 3,992 RSF outlined in red on Exhibit “A” (“Common Area”): (i) the non-exclusive right to use no more than the number of deck space. Landlord represents that parking spaces set forth in Paragraph 1.12 above, within the entire Building is approximately 209,476 square feet Common Area (and not allocated for the exclusive use of Rentable Area. Provided, however, that the exact amount another tenant of Rentable Area in Landlord); and (ii) such other rights as are necessary and convenient to Tenant’s possession of the Premises shall be determined following completion or performance of the Building and preliminary space plans to be prepared by Tenant’s architectobligations under this Lease. Promptly after Landlord approves Notwithstanding the preliminary space plans, Landlord shall submit to Tenant, number of parking spaces designated for Tenant’s reasonable approvalnon-exclusive use, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required event by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, “Laws”) relating to or affecting parking on the certified Rentable Common Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving number of parking spaces on the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth hereinCommon Area, Landlord shall have the right within to proportionately reduce the first six months following 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 Commencement Date, within its reasonable discretion, to re-measure the Rentable Area paved roadways in the Building Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to make appropriate adjustments in Tenant’s Pro Rata Share the agents, employees, servants, invitees, contractors, guests, customers and representatives of Operating Expenses and Real Property Taxes and such tenants or to any other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared user authorized by Landlord, which amendment shall set forth the revised non-exclusive right to use the Common Area for pedestrian and vehicular ingress and egress and vehicular parking unless the grant of such rights to tenants of such other buildings or improvements would adversely affect access to the Premises or to the parking areas, or would reduce the number of parking spaces available to Tenant’s Pro Rata Share and other modifications , or would add or increase any costs or expenses charged to Tenant by Landlord under this Lease required by reason (including, but not limited to, Common Area Operating Expenses) beyond those costs reasonably anticipated to be incurred as a result of the Landlord’s re-measurement customary use of the Buildingparking areas by such other tenants and their respective agents, employees, servants, invitees, contractors, guests, customers and representatives.

Appears in 1 contract

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

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the Building consisting terms, covenants, conditions and provisions of approximately 114,264 square feet this Lease, the Premises. Tenant will have the non-exclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the Common Areas (as defined below) for the purposes intended, subject to such reasonable rules and regulations as Landlord may establish or modify from time to time. Tenant will not unreasonably interfere with the rights of Rentable Landlord, other tenants, or any other person entitled to use the Common Areas. "Common Areas" means all areas within the Property which are available for the common use of tenants of the Property and which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, access roads, landscaping, and planted areas. The Duct Chase Space shall be used by Tenant solely for the placement of ductwork associated with vent hoods located in the Lab Area (as defined in Section 2.12) 3.2 hereof), and for no other purpose. Tenant shall have no right to access the Duct Chase Space from outside the Premises, except to the extent any such Duct Chase Space may be accessed directly from Common Areas immediately adjacent to such Duct Chase Space without unreasonably interfering with the use of office spacesuch Common Areas by Landlord and other tenants and occupants of the Building. Tenant shall have the right to the exclusive use, as shown at no additional charge and at its sole risk, but otherwise in accordance with all the terms and conditions of this Lease, of the patio on Exhibit B the exterior of the Third Floor Premises (the "Patio"). Tenant shall be responsible, at its sole expense, for maintaining the Patio in a neat and tidy condition at all times, free of trash, rubbish, and waste. Tenant shall have access to the Premises 24 hours per day, 7 days per week, 52 weeks per year (including, without limitation, swipe card or key fob access to the Building's entrance doors and fitness center). Excepted and excluded from the Premises are the ceiling, floor and all perimeter walls of the Premises”), located on Floors 13 through 18 (19,044 RSF per floor) except the inner surfaces thereof, but the entry doors to the Premises are a part thereof; and 3,992 RSF of deck space. Tenant agrees that Landlord represents that shall have the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area right to place in the Premises shall be determined following completion (but in such manner as to reduce to a minimum interference with Tenant's use of the Building Premises) utility lines, pipes, risers and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves chasers, and the preliminary space planslike, Landlord shall submit to Tenantin, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in over and upon the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, provided that Landlord and Tenant shall execute a commercially reasonable amendment to this Leaseshall, if necessaryit is reasonably feasible, which amendment shall set forth place such utility lines, pipes and the revised Rentlike behind the walls, Tenant’s Pro Rata Share above the ceilings and other modifications to this Lease required by reason below the floor of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall any such utility lines, pipes and the actual Rentable like be run through the Lab Area within the Premises. Tenant shall install and maintain, as Landlord may require, proper access panels in any hung ceilings or walls as may be installed by Tenant following completion of the Premises be greater than 3% over initial improvements to afford access to any facilities above the sizes set forth herein, Landlord shall have ceiling or within or behind the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason walls of the Landlord’s re-measurement of the BuildingPremises.

Appears in 1 contract

Sources: Lease (Collegium Pharmaceutical, Inc)

Premises. That portion The booking agreement covers the part(s) of the Building consisting premises specified on the booking form These purposes are specified on the booking form • Will tickets be sold for your event? Yes/No • Is food to be provided at the event? Yes/No • Is alcohol to be provided at the event? Yes/No • Will there be exhibition of approximately 114,264 square feet a film? Yes/No • Will live music be performed or recorded music played? Yes/No You agree not to exceed the maximum permitted number of Rentable Area people per room including the organisers/performers. The hall does have a licence: with the Performing Right Society (as defined in Section 2.12PRS) for the performance of office space, as shown on Exhibit B copyright music from Phonographic Performance Licence (PPL). We have a Premises Licence authorising entertainment and the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF sale of deck spacealcohol. Landlord represents that the entire Building is approximately 209,476 square feet You hereby acknowledge receipt of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion a copy of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area conditions of the Premises Licence and/or Operating Schedule for the premises, in accordance with which the hiring must be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesundertaken, and fire agree to apply with all obligations therein. If we believe that a Temporary Event Notice (TEN) would be in our best interests for this hiring, we can require you to give notice of a TEN. There is a limit on the number of TENs that can be granted annually for any premises. Lack of co-operation could affect future fundraising by us and life safety equipment within by local voluntary organisations. You agree with us to be present (by your authorised representative, if appropriate) during the hiring and exclusively serving to comply fully with this Agreement. We and you hereby agree that the Premises. Notwithstanding anything to Standard Conditions of Hire (see below), together with any additional conditions imposed under the contrary in this LeasePremises Licence or that we deem necessary, but subject to the provision that in no event shall the actual Rentable Area form part of the Premises be greater than 3% over terms of this Agreement unless we and you agree in writing.3 Reviewed 26th March 2021 DARNHALL VILLAGE HALL None of the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which Agreement are affected intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ on a person who is not named as a party to this Agreement - as signed on the booking form, duly authorised by such re-measurement. Within ten (10) business days after receipt DVHMC, and as signed by the Tenant, Hirer as described on the Tenant shall execute, acknowledge and deliver Booking Form If you are in any doubt as to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason meaning of any of the Landlord’s re-measurement Conditions, you must seek clarification from us without delay. You, not being a person under 18 years of age, hereby accept responsibility for overseeing and on the premises at all times when the public are present and for ensuring that all Standard Conditions under this Agreement relating to management and supervision of the Buildingpremises are met.

Appears in 1 contract

Sources: Hiring Agreement

Premises. That portion Subject to the provisions of this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Building consisting Suite Spaces as described in the Summary of approximately 114,264 square feet of Rentable Area (as defined in Basic Lease Information, Section 2.12) of office space“A”, as shown outlined on Exhibit B the applicable floor plans therefor attached hereto as Exhibits B-1 through B-5 (collectively, the “Premises”). In connection with such demise and subject to Article 21 herein, located on Floors 13 through 18 (19,044 RSF per floor) Landlord hereby grants to Tenant the nonexclusive right to use during the Term of this Lease, all Common Areas designed for the use of all tenants in the Building, in common with all tenants in the Building and 3,992 RSF of deck spacetheir invitees, for the purposes for which the Common Areas are designed and in accordance with all Legal Requirements. Landlord represents that reserves the entire Building is approximately 209,476 square feet right to make alterations or additions to or to change the location of Rentable Areaelements of the Complex and the Common Areas, so long as the changes do not change the nature of the Complex to something other than a first class office building project or result in an Adverse Condition. ProvidedLandlord, however, that has the exact amount sole discretion to determine the manner in which the Common Areas are maintained and operated, and the use of Rentable Area in the Premises Common Areas shall be determined following completion subject to the Building Rules and Regulations. Tenant acknowledges that Landlord has made no representation or warranty regarding the Complex, Building or Premises or the suitability of the Complex, Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, or Premises for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area intended use of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained By occupying the Premises, Landlord and Tenant accepts the Premises as being suitable for Tenant’s intended use of the Premises. As used herein, an “Adverse Condition” shall execute mean: (a) a commercially reasonable amendment material adverse interference with Tenant’s use of the Premises for the use permitted under this Lease; (b) an unreasonable interference with Tenant’s access to the Premises; (c) other than on a reasonably temporary basis, a reduction of, or material adverse interference with Tenant’s access to, the number of Unreserved Passes and/or Reserved Passes set forth in Section “E” of the Summary of Basic Lease Information; or (d) an event which materially increases Tenant’s monetary obligations under this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed except for increases in Operating Expenses to the Building therein, including but not limited to, doors, partitions, ceilings, built-extent such increases are otherwise permitted in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingSection 5.4 below.

Appears in 1 contract

Sources: Lease Agreement (Fusion-Io, Inc.)

Premises. That portion Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord, the Premises located in the Building identified in the Basic Lease Provisions, situated on the real property described in Exhibit A attached hereto (the “Property”), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit A-1 and made a part hereof by reference. Landlord has determined the square footage of the Building consisting of approximately 114,264 Premises using the BOMA 1996 standard. The rentable square feet of Rentable Area the Premises is approximately as set forth in Section 6.1 of the Summary. The rentable square feet of the Premises and the Building are subject to verification prior to the Commencement Date by Landlord or Tenant, and if such verification discloses that the rentable square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square feet (including, without limitation, the amount of the Base Rent and Tenant’s Share) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. 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 hereof, except that the foregoing will not affect Landlord’s maintenance and repair obligations hereunder and except that, as of the Commencement Date (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”2(a), located on Floors 13 through 18 below), Landlord represents and warrants that the building systems serving the Premises, including the sprinkler system, HVAC system, mechanical, electrical and plumbing systems, and roll-up doors, if any, shall be in good working order, and the roof shall be watertight and Landlord shall warrant these items for a period of ninety (19,044 RSF per floor90) and 3,992 RSF of deck spacedays following Lease Commencement. Landlord represents shall replace and /or refurbish as needed the existing HVAC units prior to Lease Commencement at Landlords sole cost and expense. Landlord and Tenant agree that the entire Building is approximately 209,476 number of rentable square feet described in Paragraph 2 of Rentable Areathe Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. ProvidedNo easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Tenant shall have the non-exclusive right, in common with the other parties occupying the Property, to use all the grounds, sidewalks, parking areas, driveways and alleys of the Property, twenty-four (24) hours per day seven (7) days per week subject to such reasonable rules and regulations as Landlord may from time to time prescribe; provided, however, that Tenant shall have the exact amount of Rentable Area in the Premises shall be determined following completion exclusive use and control a portion of the Building parking and preliminary space plans to be prepared by paved areas designated on Exhibit A-1 attached hereto (“Tenant’s architectExclusive Parking Areas”) twenty-four (24) hours per day seven (7) days per week. Promptly after Landlord approves the preliminary space plansSubject to any applicable local, Landlord shall submit to Tenantstate or federal law, for Tenant’s reasonable approvalordinance, a written certification made by Landlord’s architect rule, regulation, Code or order of the exact amount of Rentable Area contained in the Premisesany governmental entity or insurance requirement (collectively, including a breakdown by floor. Further“Laws”), Tenant may at use the Tenant’s Exclusive Parking Areas for customer and employee parking of vehicles only. Tenant shall not succeed to any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord easement rights over and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed relating to the Building thereinProperty, including but not limited tonor shall Tenant obtain any rights to common areas, doorsas designated by Landlord, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything other than those rights specifically granted to the contrary Tenant in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, . Landlord shall have the sole right within of control over the first six months following use, maintenance, configuration, repair and improvement of the Commencement Datecommon areas (the parties acknowledging that Tenant’s Exclusive Parking Areas shall not constitute part of the common areas hereunder). Landlord may make such changes to the use or configuration of, within its reasonable discretionor improvements comprising, the common areas as Landlord may elect without liability to re-measure the Rentable Area Tenant; provided, however, that, in the Building and exercise of Landlord’s rights under the last two sentences of this Paragraph, Landlord shall use commercially reasonable efforts to make appropriate adjustments in minimize any interference with Tenant’s Pro Rata Share of Operating Expenses business operations in and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by from the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingPremises.

Appears in 1 contract

Sources: Industrial/R&d Lease Agreement (TNAV Holdings, Inc.)

Premises. That (a) Tenant has requested and Landlord has agreed to an expansion of the Premises (collectively, the “Expansion Space”) to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building known as Suite 200, and (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 City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the “Expansion Commencement Date”), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term “Premises” under the Lease shall include the Expansion Premises, and the term “Building” shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant’s request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Building consisting Expansion Space (the “Early Portion”) may be occupied by Tenant before the entirety of approximately 114,264 square feet the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of Rentable Area the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floorherein) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedfor such occupancy, however, that the exact amount of Rentable Area in the Premises Tenant shall be determined following completion pay an equitable portion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves Base Rent based upon the preliminary space plans, Landlord shall submit to Tenant, then current rate for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, and any other charges for the Early Portion (including a breakdown by floor. Furtherincreased charges for Operating Expenses based upon the increased Tenant’s Proportionate Share), with Landlord and Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet negotiating reasonably and in good faith to resolve the discrepancy. After agreement by the parties determine such charges based on the Rentable Area contained square footage of the PremisesEarly 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, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall pay the Base Rent set forth in the revised RentLandlord’s Notice (as defined herein). (c) Effective upon the Expansion Commencement Date, Tenant’s Pro Rata Proportionate Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event ▇▇▇▇▇▇▇ A Warehouse Building shall the actual Rentable Area be 32.32431 percent, Tenant’s Proportionate Share of the Premises Receiving Room / Prizery Building shall be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises8.41119 percent, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area Tenant’s Proportionate Share of the Premises Project shall be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building22.82741 percent.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Premises. That portion Landlord hereby LEASES to Tenant the Premises, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, together with all easements, rights or privileges necessary in connection with the use of the Premises for the Permitted Uses. Tenant shall have the use, in common with others entitled thereto, of the roadways, driveways, parking areas, sidewalks and all other Common Areas serving the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office spaceComplex, as shown on Exhibit B the same may be adjusted by Landlord from time to time and all subject to reasonable rules and regulations promulgated by Landlord from time to time (the “PremisesCommon Areas”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant acknowledge and agree that effective May 1, 2011, the Premises will be reduced to 25,428 square feet as depicted on Exhibit B attached hereto and incorporated herein. Landlord and Tenant further acknowledge and agree that Rent calculations set forth in this LeaseSection 1.1 contemplate and that Tenant’s Proportionate Share shall be calculated upon the 25,428 square foot measurement of the Premises. Landlord hereby reserves the right at any time, but subject and from time to time, to make alterations or additions to, and to build additional stories on, the provision that Building in which the Premises are located and to build adjoining the same. Landlord also reserves the right at any time, and from time to time, to construct other buildings and improvements in the Building Complex, and to enlarge or reduce the Building or buildings within the Building Complex, and to build adjoining thereto, and to sell or lease any part of the land comprising the Building Complex. Notwithstanding the foregoing, no event such rights of Landlord shall be permitted if same will result in a material adverse effect upon any of the actual Rentable Area rights and entitlements granted to Tenant hereunder. The purpose of the depiction attached hereto as Exhibit B is to show the approximate location of the Premises be greater than 3% over within the sizes set forth herein, Building Complex and Landlord shall have reserves the right within at any time to relocate the first six months following the Commencement Datevarious buildings, within its reasonable discretion, to re-measure the Rentable Area in parking area and other areas of the Building and to make appropriate adjustments Complex. In the event the Building Complex is enlarged as provided in this Section, Tenant’s Pro Rata Proportionate Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord be reduced as a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason result of the Landlord’s re-measurement increased gross leasable area of the BuildingBuilding Complex.

Appears in 1 contract

Sources: Sublease Agreement (Energy Focus, Inc/De)

Premises. That portion (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises, as the same may be expanded pursuant to the terms set forth in this Lease. (b) The parties agree that the letting and hiring of the Building consisting Premises is upon and subject to the terms, covenants and conditions herein set forth and Tenant and Landlord each covenant as a material part of approximately 114,264 square feet the consideration for this Lease to keep and perform each and all of Rentable Area said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance by the parties. (c) Within forty-five (45) days following the completion of the Shell Improvements (as defined in Section 2.12) 9.1 of office space, as shown on Exhibit B (the “Premises”Work Letter), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion measured by Tenant's architect in accordance with the Standard Method for Measuring Floor Area in Industrial Buildings, ANSI/BOMA Z65.2 - 2012 ("BOMA") using the "drip line" methodology which includes measuring to the exterior face of the Building perimeter walls of the Building. Tenant shall deliver the results of such measurement to Landlord within fifteen (15) days following Tenant's receipt of measurements from Tenant's architect. In the event Landlord disagrees with the square footage as stated by Tenant's architect, then Landlord shall have the right, exercisable within thirty (30) days after the date Tenant provides the square footage pursuant to the measurement, to object to the square footage and preliminary space plans to cause the Premises to be prepared measured by Tenant’s Landlord's architect. Promptly after Landlord approves If Tenant disagrees with Landlord's remeasurement and if a dispute occurs and continues for thirty (30) days following Tenant's receipt of Landlord's architect measurement regarding the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect final accuracy of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premisesmeasurements, Landlord and Tenant shall execute agree and select within ten (10) days following said 30-days upon a commercially reasonable amendment mutually acceptable architect with at least 10 years of experience in designing and measuring similar buildings in Riverside County to this Leaseremeasure the Premises within fifteen (15) days from the time such architect was selected in accordance with BOMA and the determination of such architect shall be binding upon Landlord and Tenant. Landlord and Tenant shall each be responsible for the cost of their chosen architect and the cost of the mutually selected architect, if necessaryapplicable, which amendment shall be borne by Landlord and Tenant equally. In the event that the foregoing measurement determines that the square footage of the Building is different by at least 1,000 square feet from the square footage set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject then all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the provision that amount of the "rent" and the abated amounts set forth in Subparagraph 5(b) below) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant within thirty (30) days following such determination. (d) Landlord hereby represents and warrants to Tenant that, (i) except as set forth on the Title Policy (defined in Paragraph 36(a) below), there is no event shall existing declaration of covenants, conditions and restrictions ("CC&Rs") encumbering the actual Rentable Area Premises or the Project as of the date of this Lease; and (ii) Landlord has provided to Tenant, prior to execution of this Lease, copies of the following reports/documents/agreements in Landlord's possession in connection with the Project: (A) Phase I environmental report; (B) soil report; (C) conditions of approval; (D) conditions of entitlement; (E) Settlement Agreement and Release dated June 24, 2013; and (F) property survey. Landlord further agrees not to record any new CC&R's against the Premises or Project after the date of this Lease unless such new CC&R's are necessary, in Landlord's commercially reasonable discretion, in connection with the development or operation of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building or Project and to make appropriate adjustments in provided such new CC&R's do not materially and adversely affect Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of 's rights or obligations under this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLease.

Appears in 1 contract

Sources: Standard Industrial Lease (Deckers Outdoor Corp)

Premises. That portion of Landlord hereby leases to Tenant the Building consisting of approximately 114,264 square feet of Rentable Area Premises. Tenant (as defined in Section 2.12i) of office spaceACCEPTS THE PREMISES "AS-IS," EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS LEASE AND THE WORK LETTER, as shown on Exhibit B WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (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), located on Floors 13 through 18 OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (19,044 RSF per floorii) and 3,992 RSF of deck space. Landlord represents acknowledges that the entire Building is approximately 209,476 square feet Premises are acceptable for Tenant's particular use, and (iii) waives all claims of Rentable Area. Provided, however, that the exact amount of Rentable Area defect in the Premises shall be determined following completion of the Building (excluding latent defects and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary as otherwise expressly provided in this Lease, but subject to including the provision Work Letter) and any implied warranty that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following are suitable for Tenant's intended purposes. On the Commencement Date, within its reasonable discretionLandlord shall deliver the Premises broom clean and free of debris with the mechanical, to reelectrical, plumbing, heating, ventilation and air-measure the Rentable Area conditioning, life-safety or other systems and equipment included in the Base Building Renovation Work in good operating condition on the Commencement Date and with the Base Building Renovation Work in compliance with all Applicable Laws, including the ADA, in effect and enforced on the Delivery Date. If a non-compliance with the foregoing exists as 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 make appropriate adjustments rectify same at Landlord’s expense within thirty (30) days of such notice. Tenant hereby acknowledges that the area of the Premises set forth in Tenant’s Pro Rata Share of Operating Expenses the Basic Lease Information is approximate only, and Real Property Taxes Tenant accepts and other provisions of this Lease which are affected agrees to be bound by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to figures for all purposes in this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLease.

Appears in 1 contract

Sources: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)

Premises. That portion In consideration of the Building consisting Basic Rent, Additional Rent, and other payments and covenants of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office spacethe Tenant and the Landlord hereinafter set forth, as shown on Exhibit B (and upon the “Premises”)following terms and conditions, the Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord the Premises located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion Building together with the right in common with others to use any portions of the Building and preliminary space plans Property that are from time to time designated by Landlord for the common use of all tenants (other than the Reserved Parking Spaces, which shall be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s exclusive use) such as sidewalks, parking lots, common corridors, common elevators and Building lobbies, the cafeteria and restrooms and the three shared loading docks numbered “12, 13 and 14” located in POD LG/A8 of the Building subject always to reasonable approval, a written certification made rules and regulations established from time to time by Landlord’s architect . The current rules and regulations for the Building are attached as Exhibit A-3. If any provision of the exact amount rules and regulations conflicts with any applicable provision set forth in this Lease, then the applicable provision(s) set forth in this Lease shall govern. Subject to all of Rentable Area contained in the terms and provisions of this Lease, Tenant shall have access to the Premises, the common areas, including a breakdown by floorthe parking spaces, and the loading docks twenty-four hours per day, seven days per week. FurtherTenant warrants and represents that Tenant has had full opportunity to inspect the Premises, Tenant may at Building and Property and, subject to Landlord’s obligations expressly set forth in this Lease, takes the Premises, Building and Property “as is, where is, with all faults”. The Tenant’s execution of this Lease shall be presumptive evidence that the Premises and the Building are in the condition required under this Lease subject, however, to Landlord’s obligations expressly set forth in this Lease. Except as expressly set forth in this Lease, neither Landlord nor any time within one month after person acting under Landlord has made any representations or promises with respect to the expiration condition of the LandlordPremises, the Building, the Property or the fitness of any of the foregoing for Tenant’s remeasurement period use or regarding any other matter or thing relating to any of the foregoing, and Tenant’s rights with respect to the Premises, the Building, the Property and Landlord are solely and exclusively set forth in this Lease. Landlord reserves the right from time to time, with telephonic notice and without unreasonable (except in emergency) interruption of Tenant’s use: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, or any other Building systems or equipment, wherever located in the following paragraphPremises or the Building and (b) to alter or relocate any other common facility, engage an independent certified architect including without limitation any lobby, courtyard or surveyor other common areas. Installations, replacements and relocations referred to measure in clause (a) above shall be located as far as practicable in the Rentable Area central core area of the Building, above ceiling surfaces, below floor surfaces or within perimeter walls of the Premises. If Landlord shall provide Tenant with reasonable prior notice of any such calculation has a different Rentable Area than Landlord’s certification, activity and shall use reasonable efforts to schedule the parties shall meet in good faith making thereof so as to resolve minimize to the discrepancy. After agreement by extent practicable the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, interference with Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingoperations.

Appears in 1 contract

Sources: Lease (Rapid Micro Biosystems, Inc.)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect Owner or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord Owner's agents shall have the right within (but shall not be obligated) to enter the first six months following demised premises in any emergency at any time, and, at other reasonable times, 7 to examine the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building same and to make appropriate adjustments such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in Tenant’s Pro Rata Share and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floor, or ceiling. 8 Owner may, during the progress of Operating Expenses any work in the demised premises, take all necessary materials and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by equipment into said premises without the Tenantsame constituting an eviction, nor shall the Tenant shall executebe entitled to any abatement of rent while such work is in progress, acknowledge and deliver nor to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required any damages by reason of loss or interruption of business or otherwise. Throughout the Landlord’s re-measurement term hereof, Owner shall have the right to enter the demised premises at reasonable hours 9 for the purpose of showing the same to prospective purchasers or mortgagees of the Building.building, and during the last six months of the term, for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. if during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant's obligations hereunder. Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, the or charge of municipal authorities for such vault or area shall be paid by Tenant Occupancy: 15. Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are apart Tenant has inspected the demised premises and accepts them as is, subject to the riders annexed hereto with respect to Owner's work, if any. In any event, Owner makes no representation as to the condition of the demised premises, and Tenant agrees to accept the same subject to violations, whether or not of record. 10

Appears in 1 contract

Sources: Office Lease (Emerging Vision Inc)

Premises. That 13. Owner or Owner’s agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and, at other reasonable times and upon reasonable prior notice, to examine the same and to make such repairs, replacements and improvements as Owner may reasonably deem necessary and desirable to any portion of the Building consisting building or which Owner may elect to perform, in the premises, following Tenant’s failure, after applicable notice and cure periods (except in the case of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”any emergency when no such notice shall be required), located on Floors 13 if any, to make repairs or perform any work which Tenant is obligated to perform under this lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through 18 (19,044 RSF per floor) the demised premises and 3,992 RSF to erect new pipes and conduits therein. Provided that they are concealed within the walls, floors or ceiling or otherwise encased within sheetrock and do not result in a material reduction in floor area of deck space. Landlord represents that the entire Building demised premises, Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is approximately 209,476 square feet in progress nor to any damages by reason of Rentable Area. Providedloss or interruption of business or otherwise, provided, however, that Owner shall use commercially reasonable efforts at all times to minimize interference with Tenant’s use of the exact amount of Rentable Area in the Premises shall be determined following demised premises so long as there is no extraordinary or overtime cost to Owner. Upon completion of such work, Owner shall restore the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect portions of the exact amount of Rentable Area contained in demised premises affected by such work to a similar condition given the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration nature of the Landlord’s remeasurement period in work performed. Throughout the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord term hereof Owner shall have the right within to enter the first demised premises at reasonable hours and upon reasonable prior notice to Tenant for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six (6) months following of the Commencement Dateterm for the purpose of showing the same to prospective tenants and may, within during said six (6) month period, place upon the premises the usual notice “To Let” and “For Sale,” which notices Tenant shall permit to remain thereon without molestation. If Tenant is not present to open and permit an entry into the premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly (if Tenant has not given to Landlord with a key and or other entry devices or codes) and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Owner or its reasonable discretionagents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. Owner shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefore, to re-measure change the Rentable Area in arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the Building building and to change the same, number or designation by which the building may be known but not to make appropriate adjustments any changes to the façade of the demised premises if such changes diminish access to or the visibility of the demised premises unless on a temporary basis for any activities permitted by Owner in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other accordance with the provisions of this Lease Lease. Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which are affected Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such re-measurementrevocation, diminution or requisition be deemed constructive or actual eviction. Within ten (10) business days after receipt Any tax, fee or charge of municipal authorities for such vault or area used by the Tenant, the Tenant whether or not specifically demised hereunder shall executebe paid by Tenant, acknowledge and deliver or if it is chargeable to Landlord a commercially reasonable amendment to this Lease by any governmental agency, then such tax, fee or charge of municipal authorities shall be collectible from Tenant as prepared additional rent on demand by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingOwner.

Appears in 1 contract

Sources: Lease Agreement (American Realty Capital New York Recovery Reit Inc)

Premises. That portion (a) On the Effective Date, Tenant shall surrender all portions of the Building consisting of Existing Premises except for that approximately 114,264 square feet of Rentable Area 102,000 RSF portion (to be measured and confirmed pursuant to the Applicable BOMA Standard (as defined in Section 2.12below)) of office spacethe Existing Premises located in Building 10 and Building 12 (such surrendered portions, as shown on Exhibit B (the “Surrender Premises” and the remaining portions of the Existing Premises, the “Updated Premises”). No later than the Effective Date, located on Floors 13 through 18 (19,044 RSF per floor) Tenant shall vacate, quit and 3,992 RSF of deck space. surrender to Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion possession of the Building Surrendered Premises, vacant, broom clean, free of all tenancies and preliminary space plans occupancies (subject to be prepared by Tenant’s architect. Promptly after Landlord approves Section 7 of this Eleventh Amendment), and free of any liens or encumbrances filed against the preliminary space plans, Landlord shall submit Surrendered Premises for work or materials claimed to have been furnished to Tenant, for Tenant’s reasonable approvalexcept that Tenant shall have no obligation to remove furniture, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained fixtures or other personal property (“Personal Property”) in the Premises, including a breakdown by floor. Further, Surrender Premises (provided that Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within to retain certain furniture that Tenant will identify by written notice to Landlord no later than January 31, 2026, which identified furniture shall be removed by Tenant from the first six months following Surrender Premises no later than the Commencement Surrender Date (as defined below)) (collectively, all of the foregoing requirements shall be known as the “Surrender Premises Relinquishment Conditions”). It is agreed that the Term of the Lease with respect to the Surrender Premises only shall terminate effective as of the date that Tenant actually surrenders the Surrender Premises in accordance with the Surrender Premises Relinquishment Conditions (such date, the “Surrender Date”). Tenant hereby gives, within grants and surrenders all of its reasonable discretionright, title and interest in, to re-measure and under the Rentable Area in Lease with respect to the Building Surrender Premises only to Landlord effective as of the Surrender Date. Landlord and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses ▇▇▇▇▇▇ acknowledge and Real agree the Personal Property Taxes and other provisions of this Lease which are affected has no value. If requested by such re-measurement. Within ten (10) business days after receipt by the TenantLandlord, the Tenant shall execute, acknowledge promptly execute and deliver to Landlord a commercially reasonable amendment bill of sale conveying such Abandoned Property to this Lease as prepared by Landlord, which amendment shall set forth . If the revised Surrender Date occurs after the Effective Date due to Tenant’s Pro Rata Share failure to vacate the Surrender Premises by the Effective Date, in the manner prescribed above and other modifications in accordance with the Surrender Premises Relinquishment Conditions, then (1) Tenant shall be deemed to this Lease required by reason be a holdover tenant in accordance with the provisions of Section 21.3 of the Original Lease and (2) Tenant’s failure shall constitute an immediate Event of Default under the Lease. From and after the Surrender Date, the Updated Premises shall be deemed to be the “Premises” under the Lease for all purposes from and after such Surrender Date and all references in the Lease to the “demised premises”, the “premises” or the “Premises” shall be deemed to mean the Updated Premises only. (b) Notwithstanding anything in the Lease to the contrary, Tenant shall continue to be liable for the payment of all Annual Fixed Rent due under the Lease and any other applicable amounts, costs and charges, such as Additional Rent, Operating Expenses Allocable to the Premises and Landlord’s re-measurement Tax Expenses Allocable to the Premises, and any and all other sums and charges becoming due and payable under the terms of the BuildingLease (collectively, “Rent”) with respect to the Existing Premises until satisfaction of the Surrender Premises Relinquishment Conditions. Upon satisfaction of the Surrender Premises Relinquishment Conditions, ▇▇▇▇▇▇’s obligation to pay Annual Fixed Rent and Additional Rent, with respect to the Surrender Premises only for periods after the Surrender Date, shall cease as of the Surrender Date; provided, however, that such payments shall be apportioned as of such date, and the obligation to pay any such amounts for periods up to and including the Surrender Date shall survive the surrender of the Surrender Premises and the Surrender Date. Nothing contained herein shall be deemed to relieve Tenant from Tenant’s obligation, from and after the Surrender Date to pay all Annual Fixed Rent and Additional Rent and any and all sums and charges with respect to the Updated Premises.

Appears in 1 contract

Sources: Lease (Irobot Corp)

Premises. That portion Subject to the terms and conditions of this Second Amendment, effective as of the Building Renewal Term Commencement Date, the Premises shall be expanded to include the Additional First Floor Space, consisting of approximately 114,264 3,119 rentable square feet of Rentable Area (as defined in Section 2.12) of office spacefeet, as shown on Exhibit B (“A” attached hereto and made a part hereof. Commencing on the Renewal Commencement Date, the Premises shall consist of the original Premises and the Expansion Premises and the Additional First Floor Space with an aggregate area of approximately 50,855 rentable square feet. Notwithstanding the actual area of the Premises”), located on Floors 13 through 18 (19,044 RSF per floor) Sublandlord and 3,992 RSF of deck space. Landlord represents Subtenant agree that the entire rentable square footage of the Premises set forth herein shall be a fair and reasonable approximation of the area of the Premises until such time as the Premises may be demised from the remainder of the Building; provided that Sublandlord agrees not to demise the Premises from the remainder of the Building until such remaining space will be occupied by Sublandlord, Sublandlord’s assignee or a third party subtenant; and upon any such demise of the Premises from the remainder of the Building, Subtenant shall be permitted to measure the Premises in accordance with Section 4 of the First Amendment. Notwithstanding, the lack of a demising wall, Subtenant shall not use or occupy, or permit any of its employees, subtenants or invitees to use or occupy, any portion of the Building not included in the Building common areas and located outside of the Premises as a part of Subtenant’s business or operations in the Premises at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of its employees, subtenants or invitees is approximately 209,476 square feet using or occupying any such portion of Rentable Area. Providedthe Building in a manner that is inconsistent with such space being maintained separate from the Premises, Sublandlord may provide Subtenant with written notice of such determination and the reasons therefor; provided, however, that Sublandlord shall not be required to deliver more than one such notice during the exact amount Renewal Term. Upon the second event of Rentable Area in such unauthorized use of the Premises Remainder First Floor Space, or if Subtenant fails to terminate such unauthorized use within three (3) days following its receipt of the Sublandlord’s written notice, Subtenant shall be determined following completion immediately obligated to pay Monthly Rent for the entire Building at the applicable Monthly Rent per rentable square foot set forth in Section 6 of the Building First Amendment, without any right to continue such occupancy or use; and preliminary space plans to further provided that such use or occupancy may, in Sublandlord’s discretion be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space planstreated as a Subtenant default, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building Subtenant’s applicable cure rights and to make appropriate adjustments in Tenantall of Sublandlord’s Pro Rata Share of Operating Expenses rights and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by remedies under the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingSublease.

Appears in 1 contract

Sources: Sublease (Provide Commerce Inc)

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the Lease Term, at the Rent and upon the terms and conditions hereinafter set forth, that certain space ("Premises") within that certain building ("Building") described in Paragraph 1.A. As used herein, the "Complex" shall mean and include all of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined land described in Section 2.12) of office space, as Exhibit A and shown on Exhibit B (attached hereto, and all of the “Premises”)buildings, located improvements, fixtures and equipment now or hereafter situated on Floors 13 through 18 (19,044 RSF per floor) said land. Said letting and 3,992 RSF hiring is upon and subject to the terms, covenants and conditions hereinafter set forth, and Tenant covenants as a material part of deck spacethe consideration for this Lease to perform and observe each and all of said terms, covenants and conditions. This Lease is made upon the condition of such performance and observance. Landlord represents agrees to construct any improvements to the Premises ("Tenant Improvements") as may be described in Exhibit C attached hereto and incorporated herein by reference, upon such terms and conditions as are set forth in such Exhibit C. The Tenant Improvements shall be deemed "substantially complete" when Landlord notifies Tenant in writing that the entire Building is approximately 209,476 square feet Tenant Improvements (if any) are substantially completed in accordance with Exhibit C, subject only to "punch list" items that do not materially diminish the usefulness of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire provided further that (i) all necessary governmental approvals for occupancy of the Building for Tenant's intended use have been obtained (including a final sign-off and, if applicable, a certificate of occupancy); (ii) all utilities are hooked up and life safety equipment within available for use; (iii) all incomplete or defective construction, which materially interferes with Tenant's use of the Building (as opposed to minor fit and exclusively serving the Premises. Notwithstanding anything to the contrary in this Leasefinish items), but subject to the provision that in no event shall the actual Rentable Area has been remedied and repaired; and (iv) Landlord has delivered possession of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Lease Agreement (Logic Devices Inc)

Premises. That portion (a) Landlord leases to Tenant, and Tenant leases from Landlord, the Premises for the Term subject to the terms and conditions of this Lease. Tenant accepts the Building consisting of approximately 114,264 square feet of Rentable Area Premises in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition except that Landlord shall: (i) provide Tenant with the Improvement Allowance (as defined in Section 2.12and pursuant to Exhibit C); (ii) of office spaceprovide Tenant with the Restroom Improvement Allowance (as defined in and pursuant to Exhibit C); (iii) perform any and all such additional repairs, as shown on Exhibit B (the “Premises”)maintenance, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedor replacements, howeverif any, that the exact amount of Rentable Area in the Premises shall be determined following completion of necessary to cause the Building and preliminary space plans to be prepared by Tenantthe Building’s architect. Promptly after Landlord approves the preliminary space plansstructural, Landlord shall submit to Tenantroof, for Tenant’s reasonable approvalelectrical, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premisesmechanical, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesplumbing, and fire and life safety equipment within systems to be in good and exclusively serving proper working order and in full compliance with all applicable Laws as of the Premises. Notwithstanding anything to the contrary in this LeaseDelivery Date or, but subject to the provision that in no event shall the actual Rentable Area so long as Tenant’s legal occupancy of the Premises be greater than 3% over for the sizes set forth hereinPermitted Use is not delayed, Landlord shall have the right within the first six months following the Commencement Date, within its then in a timely manner (“Landlord’s Warranty Work”); and (iv) reimburse Tenant upon thirty (30) days’ invoice (together with reasonable discretion, supporting documentation and lien waivers) for costs incurred by Tenant in correcting and/or addressing material unexpected deficiencies related to re-measure the Rentable Area Landlord’s Warranty Work in the Building and Premises discovered by Tenant in the planning and performance of the Leasehold Improvements (as defined in and pursuant to make appropriate adjustments Exhibit C) and in all cases for additional costs incurred by Tenant with respect to demolition, remediation, and disposal of Hazardous Materials located within the Building or Premises during completion of the Leasehold Improvements and any initial leasehold improvements to the garden level or the fourth floor pursuant to Section 26 and 27, including, but not limited to, asbestos containing materials such as floor tile and mastic. Notwithstanding the foregoing, with respect to the removal of asbestos containing materials by Tenant during completion of the Leasehold Improvements and any initial leasehold improvements to the garden level or the fourth floor pursuant to Sections 26 or 27, Landlord and Tenant shall split equally all costs incurred by Tenant relating to the demolition, remediation and disposal of asbestos containing materials located within the Building or Premises during completion of the Leasehold Improvements or any initial leasehold improvements to the garden level or the fourth floor pursuant to Sections 26 or 27, provided if the total costs exceed $600,000 per floor (such that Tenant’s Pro Rata Share share of Operating Expenses and Real Property Taxes and other provisions such costs would exceed $300,000 per floor), in addition to Landlord’s obligation to reimburse Tenant for the first $300,000 of this Lease which are affected by such re-measurementcosts per floor (as Landlord’s 50% share of such costs), Landlord shall also pay 100% of any costs in excess of $600,000 per floor. Within ten (10) business days after receipt by On the TenantDelivery Date, Landlord shall deliver possession of the Premises to Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised for Tenant’s Pro Rata Share and other modifications to this Lease required by reason completion of the Leasehold Improvements. Landlord shall cooperate and coordinate the performance and scheduling of Landlord’s re-measurement Warranty Work such that Landlord does not unreasonably interfere with, or delay, Tenant’s performance of the BuildingLeasehold Improvements. (b) The Term for Suite 300 commences on the date (“Suite 300 Commencement Date”) that is the earliest of: (i) the date on which Tenant first conducts any business in all or any portion of Suite 300; (ii) Substantial

Appears in 1 contract

Sources: Lease (Spark Therapeutics, Inc.)

Premises. That The Premises consists of a portion of the first floor of the Building, and shall include the parking specified in Paragraph 2.2, below. Landlord agrees that Landlord shall cause the Building consisting of approximately 114,264 square feet of Rentable Area (to be constructed substantially as defined in Section 2.12) of office space, as shown depicted on Exhibit B (the Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck spaceA” attached hereto. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion attempt to substantially complete construction of the Building and preliminary any Tenant Improvements required to be constructed by Landlord as described in Paragraph 2.7, below, by August 1, 2003. In the event Landlord does not substantially complete the Building (as indicated by the architect for the Building indicating that the Building has been substantially completed) by August 1, 2003, then the Commencement Date shall be delayed until such time as the Building has been completed. In the event Landlord does not substantially complete the Building by January 1, 2004, then Tenant may, during the ten (10) day period following January 1, 2004, elect, by providing written notice to Landlord, to terminate this Lease Agreement. In the event Landlord is constructing any Tenant Improvements pursuant to Paragraph 2.7, below, if such Tenant Improvements are not completed by Landlord by August 1, 2003, and the delays are not caused by or contributed to by Tenant (including, without limitation, Tenant’s failure to promptly approve space plans submitted by Landlord to Tenant), then the Commencement Date shall be delayed by the same number of days that Landlord is delayed in completing the Tenant Improvements due to no fault or contribution by Tenant. In the event the delays in causing the Tenant Improvements to be prepared completed are caused by or contributed to by Tenant, then no delay in the Commencement Date shall occur as a result of such delay in completion. The rights of Tenant pursuant to this Paragraph 2.1 are Tenant’s architect. Promptly after sole and exclusive rights for a failure of Landlord approves to deliver the preliminary space plansPremises to Tenant hereunder, and Landlord shall submit have no liability whatsoever to TenantTenant for failure to deliver the Premises and/or the Tenant Improvements to Tenant by the outside date specified herein. In the event the Commencement Date does not occur on or before January 1, for Tenant’s reasonable approval2004, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premisesthen Landlord may, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following thereafter until the Commencement Date, within its reasonable discretionterminate this Lease. Upon termination by Tenant or Landlord hereunder, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and neither party shall have any other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment rights or obligations with respect to this Lease as prepared by LandlordAgreement, which amendment except that Landlord shall set forth refund to Tenant the revised Tenant’s Pro Rata Share and other modifications payment made pursuant to this Lease required by reason of the Landlord’s re-measurement of the BuildingParagraph 1.10, above.

Appears in 1 contract

Sources: Lease Agreement (1st Pacific Bancorp)

Premises. That portion Effective as of the Building consisting Commencement Date, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms and subject to the conditions of approximately 114,264 square feet of Rentable Area this Lease, the office space identified in the Basic Lease Information as the Initial Ground Floor Premises and the Initial Third Floor Premises (as defined in Section 2.12) of office spacetogether, as shown on Exhibit B (the “Initial Premises”), in the Office Building located at the address specified in the Basic Lease Information (the “Building”). Effective as of the Additional Premises Commencement Date, Landlord shall also lease to Tenant and Tenant shall also lease from Landlord the office space identified in the Basic Lease Information as the “Additional Premises”. The approximate configuration and location of the Initial Ground Floor Premises is shown on Floors 13 through 18 (19,044 RSF per floor) Exhibit A-1, and 3,992 RSF the approximate configuration and location of deck spacethe Initial Third Floor Premises and the Additional Premises is shown on Exhibit A-2. Landlord represents and Tenant agree that the entire rentable area of the Initial Premises, the Additional Premises and the Building is approximately 209,476 square feet of for all purposes under this Lease shall be the applicable Rentable Area. Provided, however, that the exact amount of Rentable Area Areas specified in the Premises shall be determined following completion Basic Lease Information, absent manifest and material error. The Building, together with the parking facilities serving the Building (the “Parking Facility”), and the parcel(s) of land on which the Building and preliminary space plans the Parking Facility are situated (collectively, the “Property”), is part of the Project, including the Parking Facility serving the Project, identified in the Basic Lease Information (the “Project”). Notwithstanding the foregoing, Tenant acknowledges that Landlord’s obligation to deliver the Initial Premises and the Additional Premises (together, the “Occupied Space”) is contingent upon surrender of possession of the Occupied Space by the tenants in occupancy thereof pursuant to leases in effect as of the date of this Lease. In the event that for any reason whatsoever Landlord fails to deliver possession of any of the Occupied Space to Tenant by the estimated delivery dates set forth in the Basic Lease Information – Commencement Date, then this Lease shall not be prepared by Tenant’s architect. Promptly after void or voidable (except as set forth below) and in no event shall Landlord approves the preliminary space plans, Landlord shall submit be liable to Tenant, and Tenant shall have no claim against Landlord, for Tenant’s any loss or damage resulting from such failure to deliver or any delay in delivery. Landlord shall use commercially reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet efforts in good faith to resolve cause the discrepancy. After agreement by Initial Premises and the parties Additional Premises to be delivered on or about the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but estimated delivery dates (subject to the provision Force Majeure and provided that in no event shall Landlord be obligated to commence or prosecute any legal action against the actual Rentable Area of existing tenants for unlawful detainer or otherwise). If Landlord has not delivered the Premises Occupied Space to Tenant by August 1, 2006, as such date may be greater than 3% over extended by Force Majeure delays (such date, as so extended, the sizes set forth herein“Delivery Deadline” ), Landlord shall have then for each day during the right within period commencing on the first six months day following the Delivery Deadline and ending on the date immediately preceding the Commencement Date, within its reasonable discretion, Tenant shall receive a rent credit equal to re-measure one (1) day’s monthly Base Rent otherwise payable for the Rentable Area Occupied Space commencing in the Building month immediately following the month in which Base Rent is otherwise first due under this Lease. After September 15, 2006, as such date may be extended by Force Majeure delays, then for each day during the period commencing on September 16, 2006 (as extended by Force Majeure delays), and ending on the date immediately preceding the Commencement Date, Tenant shall receive a rent credit equal to make appropriate adjustments two (2) days’ monthly Base Rent otherwise payable for the Occupied Space commencing in the month immediately following the month in which Base Rent is otherwise first due under this Lease. The foregoing rent credit shall be applied as it accrues against all of Tenant’s Pro Rata Share rental obligations under the Lease in the order in which such obligations come due until such credit has been exhausted. Landlord agrees to use commercially reasonable efforts to give Tenant written notice of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within the projected delivery date at least ten (10) business days after receipt prior to the date when Landlord anticipates delivery of possession of any portion of the Premises to Tenant; provided, however, failure of Landlord to deliver any such notice shall not delay any such delivery date. Further, if Landlord has not delivered both the Initial Premises and the Additional Premises to Tenant by the TenantNovember 1, 2006, as such date may be extended by Force Majeure delays (such date, as so extended, the “Termination Deadline”), Tenant shall executemay terminate this Lease without any liability to Landlord, acknowledge and deliver by written notice to Landlord a commercially reasonable amendment given at any time after the Termination Deadline until such time as Landlord delivers possession of the Initial Premises to Tenant. If Landlord delivers possession of the Initial Premises and the Additional Premises to Tenant and Tenant has not terminated this Lease as prepared by Landlordwithin the time specified in the immediately preceding sentence, which amendment shall set forth the revised then Tenant’s Pro Rata Share and other modifications right to terminate this Lease required by reason pursuant to the provisions of this paragraph shall become void. If there are any Force Majeure delays under this Article 1 of this Lease, then within ten (10) Business Days following the expiration of the Landlord’s re-measurement applicable Force Majeure delay, Landlord agrees to give Tenant written notice of such Force Majeure delay. Such notice by Landlord notice shall describe the BuildingForce Majeure delay, the beginning and end of such delay, and the resulting number of days of Force Majeure delay.

Appears in 1 contract

Sources: Lease Agreement (Hemacare Corp /Ca/)

Premises. That portion Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises described in Section 1.3 together with the tenant improvements described on Exhibit C ("Tenant Improvements") and together with rights of ingress and egress over public and common areas in the Building and on the land legally described on Exhibit A ("Land"). Tenant's lease of the Building consisting Premises shall be subject to all of approximately 114,264 square feet the terms and conditions of Rentable Area (this Lease. The Premises, Building, Land, and the improvements on the Land other than the Building, are sometimes collectively referred to in this Lease as defined the "Property". Landlord shall complete Landlord's Work in Section 2.12) of office space, as shown on accordance with Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. C. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. ProvidedImprovements, howeverupon substantial completion, that shall materially comply with all applicable codes, regulations, ordinances and laws including without limitation the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the PremisesAmerican With Disabilities Act. Notwithstanding anything to the contrary in this Lease, but subject Tenant shall provide Landlord and Landlord's contractor with such access to the provision Premises as may be required by Landlord and Landlord's contractor to efficiently perform Landlord's Work. Tenant acknowledges and agrees that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have no obligation to improve the right within the first six months following Premises except as may be expressly set forth on Exhibit C. On or before the Commencement Date, within its reasonable discretionLandlord shall recalculate the "net rentable square feet" of the Premises. The recalculated net rentable square feet shall be certified by Tenant's architect prior to the Commencement Date. Net rentable square feet shall be calculated in accordance with BOMA standards, to re-measure the Rentable Area in utilizing a load factor of Seven and 90/100 percent (7.9%) for the Building and which may be changed upon the alteration of tenant spaces or building common areas before the confirmation date letter to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver be sent according to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingsection 3.5.

Appears in 1 contract

Sources: Office Lease Agreement (Exodus Communications Inc)

Premises. That portion Subject to the following terms and conditions, Town does hereby agree to partner with the North Carolina Wildlife Resources Commission for the development of a Public Water Access Facility in the Building consisting Town of approximately 114,264 square feet Sunset Beach, Brunswick County, North Carolina, more particularly described as follows: . BEING all of Rentable Area (as defined in Tracts 1 & 2, Section 2.12) of office spaceA, Twin Lakes Development, Sunset Beach, as shown on in Map Cabinet 33 at Page 202 of the Brunswick County Registry, and as more particularly described by deed to the Town of Sunset Beach recorded in Book 2840 at Page 389 of the Brunswick County Registry, together with that certain property conveyed to the Town of Sunset Beach by gift deed recorded in Book 2840 at Page 392 of the Brunswick County Registry, all of which is hereinafter called "Premises" or "Property". A conceptual site plan showing the lot and the proposed layout of the Water Access Facility is attached hereto as Exhibit B (A and incorporated herein by reference. In the “Premises”)event that Commission desires to modify this site plan attached hereto, located on Floors 13 Commission shall notify Town in writing and Town shall have 30 days from such notification to review and approve the proposed revision, such approval not to be unreasonably withheld. Town reserves the right of ingress, egress and regress over, across and through 18 (19,044 RSF per floor) the Property for its employees, officers, agents, and 3,992 RSF members of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedpublic, provided, however, that Commission shall have the exact amount right to develop, manage and administer the premises as part of Rentable Area in the Premises shall be determined following completion a free public boating access including vehicle and trailer parking on a 24 hour, 7 days a week basis with no closure of the Building site except for repairs and preliminary space plans to be prepared by Tenant’s architectimprovements or in times or emergencies. Promptly after Landlord approves the preliminary space plans, Landlord Commission shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% have control over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to site for purposes of operating the Building therein, Boating Access Site including but not limited to parking regulations, speed restrictions, and other use regulations. During the term of this agreement and any renewal thereof, Town shall continue to have the use of and access to, doorsfor public and recreational purposes, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area those portions of the Premises be greater than 3% over premises not used by or needed as part of the sizes set forth hereinsite plan by the North Carolina Wildlife Resources Commission. On such lands or areas not needed by Commission for Water Access Site purposes, Landlord shall have the right within the first six months following the Commencement DateTown and its authorized agents may place docks, within its reasonable discretionstructures, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes parking facilities, fishing piers, picnic tables and other provisions improvements so long as the same does not interfere with Commission’s water access facility use or the safety of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenantboaters, the Tenant shall executevehicles, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason property or patrons of the Landlord’s re-measurement of the BuildingSite.

Appears in 1 contract

Sources: Public Water Access Memorandum of Agreement

Premises. That portion For and in consideration of the rent hereinafter reserved and the mutual covenants hereinafter contained, Landlord hereby leases to Tenant, and Tenant does hereby rents from Landlord, the premises (the "Premises") identified as Suite 100S and consisting of approximately 56,566 rentable square feet of office space on the Terrace level, first (1st) and third (3rd) floors of the South Wing of the building (the "Building") known as the Fifty West Corporate Center, 3975 Fair Ridge Drive, Fairfax, Virginia 22033, together with the no▇-▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇erty, upon the terms and conditions set forth herein. The Premises are more particularly described on Exhibit A attached hereto. The Common Areas shall be defined as all interior and exterior shared facilities, property, services and amenities of the Building consisting and Property to be utilized by the tenants of approximately 114,264 square feet of Rentable Area the Property on a non-exclusive basis (as defined in Section 2.12) of office spacewhich currently include but are not limited to jogging trails, as shown on Exhibit B (the “Premises”on-site deli, fitness facility, conference center, exterior landscaped park-like grounds), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that reserves the entire right to alter or amend the Common Areas in its prudent and reasonable business judgment throughout the term of the Lease. The land upon which the Building is approximately 209,476 located, and other improvements upon such land are hereinafter referred to herein as the "Property." (The actual rentable square feet footage of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of a final space plan, which shall be measured in accordance with the Building and preliminary space plans BOMA standard method of measurement. Upon written request to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following right, prior to the Commencement Date, within its reasonable discretionat Tenant's expense, to re-measure have a certified architect review and confirm the Rentable Area in square footage figure determined by Landlord's architect.) Except as provided for herein, the roof, exterior faces of all perimeter walls and the use of air space above the Building shall be reserved for Landlord's exclusive use and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall executehave no right of access thereto. This Lease conveys to Tenant no license, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease easement or parking privileges except as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingexpressly provided herein.

Appears in 1 contract

Sources: Deed of Lease (Identix Inc)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (a) Except as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes otherwise set forth herein, Landlord after the Closing Date, Purchaser shall have the right to operate the operations at the Leased Premises and the Loan Fulfillment Center as it deems appropriate in its sole discretion. Notwithstanding the foregoing, Purchaser shall not unreasonably cease operations at a Leased Premises, except under the circumstances described in Section 7.5(c). The Parties acknowledge that it shall not be deemed unreasonable for Purchaser to cease operations at a Leased Premises in the event that the profitability or anticipated profitability of the operations related to the Leased Premises are not satisfactory to Purchaser. (b) During the portion of the Production Period after the Closing Date, Purchaser shall provide pricing and product programs for Mortgage Loans to the wholesale operations at the Leased Premises similar to the pricing and product programs for Mortgage Loans that Purchaser provides to its other wholesale operation offices. If a Leased Premises is located within thirty (30) miles of another office of Purchaser’s wholesale division, then the first six months wholesale operations located at such Leased Premises shall have access to equivalent pricing and loan programs for Mortgage Loans to which the other office of Purchaser’s wholesale division has. (c) With respect to any of the Non-Terminable Leased Premises, if during the eighteen (18) month period following the Commencement Closing Date, within its reasonable discretion(i) more than half of the employees that were working at a Non-Terminable Leased Premises as of the Closing Date cease working for Purchaser at such Non-Terminable Leased Premises and (ii) Purchaser ceases conducting wholesale mortgage operations at such Non-Terminable Leased Premises, then Seller shall be obligated to repay any and all costs and expenses incurred by Purchaser in subleasing such Non-measure Terminable Leased Premises (including the Rentable Area difference between rental payments received by Purchaser and retail payments payable by Purchaser) or terminating the Lease for such Non-Terminable Leased Premises. Purchaser may setoff or deduct any such amounts from any Production Payments payable after Purchaser ceases wholesale mortgage operations in such Non-Terminable Leased Premises. (d) With respect to the Lease for the Leased Premise located at ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share event Purchaser terminates such Lease, Seller shall reimburse Purchaser for fifty percent (50%) of Operating Expenses and Real Property Taxes the amount of the termination fees and other provisions termination-related fees paid or incurred by Purchaser in connection with the termination of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLease.

Appears in 1 contract

Sources: Asset Purchase Agreement (United Financial Mortgage Corp)

Premises. That portion 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 99,684 rentable square feet (the "Premises") in a building to be constructed by Landlord consisting of approximately 114,264 square feet four floors in Perimeter Park West (the "Building") situated on certain land (the "Land") in Morrisville, the County of Rentable Area (as defined in Section 2.12) Wake, State of office spaceNorth Carolina, as shown more particularly described on Exhibit B (A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF . The measurement of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner, and Landlord shall warrant the construction of the Building and preliminary space plans improvements for a period of one year from the Commencement Date. The taking of possession by Tenant shall be deemed conclusively to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect establish that each portion of the exact amount Premises and any improvements thereto are in good and satisfactory condition as of Rentable Area contained in the date Tenant commenced occupancy of that portion of the Premises, including except for latent defects and punchlist items. Tenant and Landlord shall complete a breakdown by floor. Further, Tenant may at any time punchlist of items requiring repair that are the responsibility of Landlord within one month after the expiration thirty (30) days of the Landlord’s remeasurement period in Commencement Date. Tenant further acknowledges that no representations as to the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area repair of the Premises. If , nor promises to alter, remodel or improve the Premises have been made by Landlord unless such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall representations or promises are expressly set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area . Within five days of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretionTenant shall, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share upon demand of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the TenantLandlord, the Tenant shall execute, acknowledge execute and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason letter of acceptance of delivery of the Landlord’s re-measurement Premises, acknowledging the Commencement Date. All upfit of the Building.Premises shall be performed by Landlord in accordance with the final plans and specifications for the Premises (the "Plans") which are subject to the approval of Landlord and Tenant, a copy of which are attached hereto and made a part hereof as Exhibit C. Exhibit C-1 contains a preliminary outline of the upfit of the Premises and shall be modified by the mutual approval of Landlord and Tenant as the plans and specifications are finalized. Landlord shall conduct the upfit of the Premises in accordance with the Plans which have been mutually and reasonably approved by Landlord and Tenant and shall provide an upfit allowance for such purposes in accordance with the mutually approved Plans (the "Upfit Allowance"). Tenant

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Premises. That portion The real property and the leases described on SCHEDULE 3.11 represent all the real property owned (the "CNS OWNED PREMISES") or leased or subleased (the "CNS LEASED PREMISES") and the real property leases and subleases (the "CNS LEASES") entered into or assumed by CNS or any CNS Subsidiary, and, with respect to the Leased Properties, SCHEDULE 3.11 sets forth the date of the Building consisting lease and each amendment thereto and the aggregate annual rental payments and other fees payable under such lease. Each of approximately 114,264 square feet the CNS Leases is in full force and effect, and there is not under any of Rentable Area (as defined the CNS Leases any existing default or event of default or event which with notice or lapse of time or both would constitute such a default or event of default, except for any such defaults or notices that singly or in Section 2.12) the aggregate could not reasonably be expected to result in a CNS Material Adverse Change. CNS and each CNS Subsidiary has good and marketable title to each of office spacethe CNS Owned Premises and each CNS Lease conveys good and marketable leasehold title to the CNS Leased Premises purported to be conveyed thereunder, is enforceable by CNS or any CNS Subsidiary which is the lessee thereunder, provides exclusive possession of the CNS Leased Premises leased thereunder, and following the Transactions will continue to be enforceable in accordance with its terms. CNS or any CNS Subsidiary which is the lessee of each respective CNS Leased Premises has the right to use its respective CNS Leased Premises in accordance with the terms of each respective CNS Lease free and clear of all Claims. Each of the CNS Leased Premises is adequately maintained, fully equipped with all necessary utilities and is in reasonably satisfactory condition and repair, consistent with the uses to which it is presently being put or intended to be put. To the Knowledge of CNS, there is no violation of any material covenant, restriction or other agreement or understanding, oral or written, affecting or relating to title or use of any CNS Leased Premises. Neither CNS nor any CNS Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the CNS Leased Premises, nor to the Knowledge of CNS is any such condemnation or assessment contemplated by any Governmental Authority. CNS has delivered to ICSL and CSL true and correct copies of all CNS Leases, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans amended to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingdate.

Appears in 1 contract

Sources: Merger Agreement (Innovative Clinical Solutions LTD)

Premises. That The Premises as described in ¶1 and Exhibit A, are a portion of a building, herein sometimes referred to as the Building consisting of approximately 114,264 square feet of Rentable Area “Building” identified in ¶1. The Premises, the Building, the Common Areas, the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to as the “Business Park” as described in ¶1 and Exhibit B. Landlord hereby leases to Tenant and Tenant leases from Landlord for the Term (as defined below), at the rental, and upon all of the conditions set forth herein, the real property referred to in Section 2.12) of office spacethe Basic Lease Terms, ¶1, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck spaceincluding rights to the Common Areas as hereinafter specified. Subject to any additional work Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedhas agreed herein to do, however, that the exact amount of Rentable Area in Tenant hereby accepts the Premises shall be determined following completion in their condition existing as of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect date of the exact amount execution hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire accepts this Lease subject thereto and life safety equipment within to all matters disclosed thereby and exclusively serving by any exhibits attached hereto. Notwithstanding the foregoing, Landlord warrants that (i) to Landlord’s knowledge (without any duty of investigation or inquiry), the Premises. Notwithstanding anything to , the contrary in this LeaseBuilding and the Business Park comply with all applicable laws, but subject to the provision that in no event shall the actual Rentable Area rules, regulations, codes, ordinances, underwriters’ requirements, covenants, conditions and restrictions (“Laws”) as of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion(ii) the Premises will be in good and clean operating condition and repair as of the Commencement Date, to re-measure (iii) the Rentable Area in electrical, mechanical, HVAC, plumbing, sewer, elevator and other systems serving the Premises and the Building will be in good operating condition and repair as of the Commencement Date, and (iv) the roof of the Building will be in good condition and water tight as of the Commencement Date. Said warranty does not apply to make appropriate adjustments in the use to which Tenant will put the Premises, modifications which may be required by the ADA or similar laws as a result of Tenant’s Pro Rata Share use, or to any Alterations made or to be made by Tenant. Landlord shall, promptly after receipt of Operating Expenses notice from Tenant, remedy any non-compliance with such warranty at Landlord’s sole cost and Real Property Taxes and other provisions expense; provided, however, if Tenant does not give Landlord written notice of this Lease which are affected by such rea non-measurement. Within ten (10) business compliance with said warranty within 180 days after receipt the Commencement Date, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Tenant agrees with the square footage specified for the Premises in ¶1 and will not hereafter challenge such determination and agreement. The rental payable by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment pursuant to this Lease as prepared by Landlord, which amendment shall set forth is not subject to revision in the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason event of any discrepancy in the Landlord’s re-measurement of rentable square footage for the BuildingPremises.

Appears in 1 contract

Sources: Standard NNN Lease (3PAR Inc.)

Premises. That portion of the Building Landlord does hereby lease to Tenant and Tenant hereby leases from Landlord that certain office space (hereinafter called "Premises") consisting of approximately 114,264 16,112 usable square feet of Rentable Area (as defined outlined in Section 2.12red on Exhibit A attached hereto and 18,048 rentable square feet, including corridors being situated on the 2ND/3RD floor(s) of office spacethat certain building known as 1100 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, as shown on Exhibit B ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “Premises”), located on Floors 13 through 18 ▇▇reinafter called "Building") which is one of several buildings in Larkspur Landing Office Park (19,044 RSF per floorhereinafter called "Office Park") and 3,992 RSF of deck space. Landlord represents that the entire Building *(SEE PAGE 13) Said Lease is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall terms, covenants, and conditions herein set forth and the actual Rentable Area Tenant covenants as a material part of the Premises consideration for this Lease to keep and perform each and all of said terms, covenants, and conditions by it to be greater than 3% over kept and performed and that this Lease is made upon the sizes set forth hereincondition of said performance. For the purposes of maintaining an economical and proper distribution of tenants throughout the Office Park which is acceptable to Landlord, Landlord shall have the right within from time to time during the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions term of this Lease which to relocate the Premises in the Office Park; provided, however, (i) that the rentable and usable areas of the new location in the Office Park are affected of equal size to the Premises (subject to a variance of up to 10%) and the amount of Basic Rent (hereinafter defined) payable under this Lease is not increased, (ii) that if the then prevailing rental for the new location is less than the amount of Basic Rent being paid for the Premises, the Basic Rent shall be reduced to equal the then prevailing base rental for the new location, (iii) that Landlord shall pay the cost of providing improvements to Tenant in the new location comparable to the improvements Tenant now has in the Premises, and (iv) that Landlord shall pay the expenses reasonably incurred by such re-measurementTenant in connection with the relocation of the Premises, including without limitation the costs of moving, door lettering, telephone relocation, and reasonable quantities of new stationery. Within Landlord shall deliver to Tenant written notice of Landlord's election to relocate the Premises, specifying the new location and the amount of Basic Rent payable therefor at least thirty (30) days prior to the date that the relocation is to be effective. If the relocation of the Premises is not acceptable to Tenant, Tenant, for a period of ten (10) business days after receipt of Landlord's notice to relocate, shall have the right by the Tenant, the Tenant shall execute, acknowledge and deliver delivering written notice to Landlord a commercially reasonable amendment to terminate this Lease as prepared by effective thirty (30) days after the delivery of such written notice to Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Lease Agreement (Synon Corp)

Premises. That portion of 2.1 Landlord leases to Tenant, and Tenant leases from Landlord, the Building consisting of approximately 114,264 square feet of Rentable Area (as defined Premises described in Section 2.121.6, which will consists of a Building described in Section 1.5 and other improvements on the land (the “Land”) of office space, as shown on the Site Plan attached hereto as Exhibit B A (the Land, Building and other improvements are collectively referred to as the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents Tenant agrees that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion deemed to include the number of rentable square feet set forth in Section 1.7 and in no event shall Tenant have the Building and preliminary space plans right to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space planschallenge, Landlord shall submit to Tenantdemand, for Tenant’s reasonable approval, request or receive any change as a written certification made by Landlord’s architect result of the exact amount of Rentable Area contained any claimed or actual error or omission in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area square footage of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, Landlord reserves the parties shall meet in good faith right at any time and from time to resolve time to make alterations or additions to the discrepancy. After agreement by the parties on the Rentable Area contained Building or the Premises, Landlord and to demolish improvements on and to build additional improvements on the land surrounding the Building, in its sole discretion without the consent of Tenant and the same shall execute not be construed as a commercially reasonable amendment to breach of this Lease, if necessary, which amendment shall set forth Lease provided the revised Rent, same does not have a material adverse effect on Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area use of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving any material blocking of the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area view of the Premises from adjacent streets and from the parking lot. 2.2 Landlord shall undertake certain renovations to the Building for the Tenant’s occupancy of the Premises (the “Tenant Improvements”) consistent with the approved plans and specifications for the Tenant Improvements attached hereto as Exhibit B and made a part hereof. Landlord shall provide an allowance for a portion of the Construction Costs of completion of the Tenant Improvements up to a maximum total charge of $63,030.00 (the “Tenant Improvement Allowance”). Tenant shall be greater than 3responsible and shall pay to Landlord all Construction Costs of completion of the Tenant Improvements in excess of the Tenant Improvement Allowance within thirty (30) days of an invoice therefore from Landlord. “Construction Costs” shall mean all hard costs and soft costs of construction including all labor and materials, all engineering costs, the cost (including all governmental fees) of obtaining building permits and other permits and licenses, costs due to winter conditions, developer’s/general contractor’s fee (10% over of total costs) and other costs paid or incurred by Landlord to permit and build the sizes set forth hereinTenant Improvements. If Landlord determines that the Tenant Improvements cannot be constructed in the ordinary course of business on or before the Scheduled Occupancy Date, then any resulting delay shall be considered a Tenant Delay. If Landlord fails to complete construction of the Tenant Improvements within sixty (60) days after the issuance of a building permit for the Tenant Improvements by the City of Novi because of a Landlord delay, then Tenant shall have the right to complete construction of the Tenant Improvements in accordance with the Tenant Improvement Plans and Specifications. In addition, if Landlord fails to complete all punch list items within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in thirty (30) days after Tenant’s Pro Rata Share timely delivery of Operating Expenses and Real Property Taxes and other provisions the punch list, then Tenant shall have the right to complete construction of this Lease which are affected by such re-measurementthe punch list items. Within ten (10) business days after receipt by the Tenant, All material changes from the Tenant Improvement Plans and Specifications which Landlord determines may be necessary during construction shall execute, acknowledge and deliver be submitted to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant for Tenant’s Pro Rata Share and other modifications approval or rejection. If Tenant fails to this Lease required by reason notify Landlord of Tenant’s approval or rejection of such changes within five (5) days of receipt thereof, Tenant shall be conclusively deemed to have approved such changes. Landlord shall construct the Landlord’s re-measurement Tenant Improvements in accordance with all applicable laws, rules or regulations of the Buildingany governmental authority.

Appears in 1 contract

Sources: Lease Agreement (Mercantile Bank Corp)

Premises. That portion Landlord leases to Tenant the Premises subject to the terms of this Lease. If Landlord does not deliver possession of the Building consisting of approximately 114,264 square feet of Rentable Area Premises to Tenant on or before the estimated Commencement Date (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”set forth above), located on Floors 13 through 18 Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease nor the obligations of Tenant hereunder, provided that Tenant shall have no obligation to commence paying Rent payments until the Commencement Date. Notwithstanding the foregoing, if Landlord fails to deliver the Premises within one hundred eighty (19,044 RSF per floor180) days after the Scheduled Commencement Date (accounting for Tenant Delays, if any and 3,992 RSF of deck spacesubject to extension for Force Majeure), Tenant may elect to either (1) terminate this Lease and receive any amounts prepaid by Tenant hereunder; or (ii) continue this Lease until the Premises are so delivered. Landlord represents and Tenant hereby agree that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of measured in accordance with BOMA ANSI Z65.1-1996 standards, as modified for the Building Project pursuant to Landlord’s standard rentable measurements for the Project, and preliminary space plans to be prepared by Tenantin the event that Landlord’s architect. Promptly after Landlord approves /space planner determines that the preliminary space plans, Landlord amounts thereof shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a be different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall from those set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the provision that in no event shall the actual Rentable Area amount of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building Base Rent and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. Except as provided elsewhere in this Lease which are affected Lease, by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason taking possession of the Landlord’s re-measurement of Premises, Tenant accepts the Building.Premises in its “as is” condition and with all faults, and the Premises is deemed in good order, condition, and repair. The Premises includes the Leasehold Improvements and excludes certain areas, facilities and systems, as follows:

Appears in 1 contract

Sources: Office Lease (Lifevantage Corp)

Premises. That In consideration of the rents reserved and the covenants and agreements herein contained to be paid, observed and performed by the Tenant, the Landlord hereby leases to the Tenant the Premises for the Term, together with the non-exclusive right to use the Common Areas and Facilities and any Parking Areas together with all others entitled thereto. The Landlord shall deliver possession of the Premises to the Tenant on the Commencement Date with the Landlord’s Work completed in accordance with the provisions of this Lease. The Tenant shall have a non-exclusive right to use the Community Meeting and Briefing Room, along with the Landlord and other tenants of the Building. Access to the Community Meeting and Briefing Room shall be provided to the Landlord and all other tenants of the Building. In the case of a scheduling conflict for the Community Meeting and Briefing Room, the Landlord, but not other tenants, shall have scheduling priority over the Tenant. The Landlord shall provide the Tenant with ten (10) Business Days’ notice in writing of any such conflict, provided that such notice shall not be required if the room is required for use by the County of ▇▇▇▇▇ in connection with a municipal emergency. The Tenant shall not restrict the Landlord and/or other tenants’ access to the Common Areas and Facilities and/or any portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area outside of the Premises. If such calculation has a different Rentable Area than Landlord’s certificationFor clarity, the parties Tenant shall meet not place additional locks, or other device or systems which would restrict the Landlord or other tenants’ access to the Common Areas and Facilities and/or any portion of the Building outside of the Premises without the prior consent of the Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, nothing herein shall be construed as a limitation upon the Tenant from securing the Premises as the Tenant in good faith its sole discretion determines, having regard to resolve the discrepancyuse of the Premises as a police detachment. After agreement Unless specifically waived by the parties on Tenant, the Rentable Area contained Landlord shall deliver to the PremisesTenant an Architect's certificate, Landlord and Tenant shall execute a commercially reasonable amendment in the form attached as Schedule "N" to this Lease, if necessaryat the Landlord's expense, which amendment shall set forth on or before the revised RentCommencement Date, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall certifying the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to and that of the Building thereinand adjustments in the calculation of the Annual Rent and Leasehold Improvement allowances, including but not limited toif any, doorswill be made accordingly, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision Tenant's right to dispute such certificate, as hereinafter provided. Notwithstanding the foregoing or anything in this Lease to the contrary, the Annual Rent shall not, in any event, be increased to be more than one hundred and two percent (102%) of the Annual Rent as herein provided. In the event that in no event the Landlord is a land surveyor, architect or professional engineer, the Landlord may not certify Schedule “N” and must request an independent Architect certify Schedule “N” for the purposes of this provision. The Tenant shall have the actual right to dispute such certificate of the Architect by having the Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected measured by such re-measurement. Within ten (10) business days after receipt an architect or land surveyor appointed by the Tenant. The Tenant shall then submit the certificate of the Tenant's architect to the Landlord, and if the Landlord does not agree with such certificate of the Tenant's architect, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingPremises shall be determined by an independent architect, surveyor or civil engineer mutually chosen by the Landlord and ▇▇▇▇▇▇, whose costs shall be shared equally by both the Landlord and the Tenant and whose calculation shall be final and binding upon both the Landlord and the Tenant.

Appears in 1 contract

Sources: Lease Agreement

Premises. That portion of (a) Landlord leases to Tenant and Tenant leases from ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇, which the Building consisting of approximately 114,264 parties stipulate and agree is 7,268 rentable square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on the floor plan attached hereto as Exhibit B “A” (the “Premises”), located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Avenue, Radnor, Delaware County, PA 19087 (“Building”), which is a part of the project located at Radnor Financial Center (“Project”). The square footage of the Premises has been measured in accordance with published BOMA (ANSI/BOMA Z65.i - 1996) standards and methodology. (b) Tenant currently leases the Premises from Landlord, pursuant to a lease (“Expiring Lease”) dated September 29, 2006, which lease expires at 11:59 p.m. on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF August 31, 2017. The Term of deck spacethis Lease shall commence immediately upon the expiration of the Expiring Lease. Tenant accepts the Premises in its “AS IS”, condition, except that Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area shall perform certain work in the Premises shall be determined following completion of the Building and preliminary space in substantial conformity with mutually agreed upon construction plans to be prepared by ▇▇▇▇▇ Associates (“Landlord’s Work”), the same of which shall be attached hereto, made a part hereof and marked as Exhibit “B”. Landlord shall only be responsible for payment of a maximum cost of $15.00 per rentable square foot (an amount equal to $109,020.00) for the Landlord’s Work (the “Landlord Allowance”). All costs of the Landlord’s Work in excess of the Landlord Allowance shall be borne by Tenant, and shall be paid to Landlord upon the within thirty (30) days of delivery of an invoice and reasonable documentation therefor. Should Landlord not use the full amount of the Landlord Allowance for Landlord’s Work, Tenant may use up to $2.00 per rentable square foot of the remaining Landlord Allowance as needed to make the Premises ready for occupancy, including Tenant’s architectfurniture, fixtures, equipment, and voice and data cabling. Promptly after Should this be the case, any excess Landlord approves Allowance shall be paid to Tenant within thirty (30) days of written request by Tenant, but in any event shall be requested and paid prior to the preliminary space plansCommencement Date or forfeited. The Tenant Allowance shall be reimbursed to Tenant upon submission to Landlord of reasonable paid invoices or a statement from Tenant that funds have been spent for preparing and/or renovating the Premises for occupancy. Tenant shall have the right to select the general contractor used to perform the Landlord’s Work from a list of Landlord approved contractors. In addition to the Landlord Allowance, Landlord, at its sole cost, shall endeavor to replace the sixth floor common area carpet with Building-standard carpet within calendar year 2017 (but no later than the end of the first quarter of calendar year 2018), in addition to steam-cleaning the carpet in the Premises following completion of Landlord’s Work. Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by be required as part of Landlord’s architect Work to obtain all permits, approvals and certificates of occupancy for Tenant to operate in the exact amount of Rentable Area contained Premises for its Permitted Use. Except as set forth herein or otherwise on Exhibit B attached hereto, Tenant acknowledges and agrees that Landlord has no obligation under the Lease to make any improvements to or perform any work in the Premises, including a breakdown by floor. Furtheror provide any improvement allowance, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of accepts the Premises in their current “AS IS” condition. Tenant acknowledges that the Leasehold Improvements (as defined in Exhibit B) will be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving completed while Tenant is occupying the Premises, and fire and life safety equipment within and exclusively serving may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Landlord’s completion of the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area Leasehold Improvements during Tenant’s occupancy of the Premises will not be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in considered a breach of Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurementrights under the Lease. Within ten (10) business days after receipt by the Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Landlord will provide Tenant shall executewith a schedule for completing the Leasehold Improvements, acknowledge and deliver after which Tenant will provide access to the Premises to Landlord a commercially reasonable amendment without Landlord having to this Lease as prepared provide any further notice to Tenant. (c) Any work performed by Landlord, which amendment shall set forth the revised Tenant with any excess Landlord Allowance (“Tenant’s Pro Rata Share Work”) shall be deemed to be an Alteration under Article 8 hereof, and other modifications shall be performed by responsible contractors and subcontractors who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to this Lease required by reason Landlord; and shall name the Landlord harmless from and against any and all claims arising from, under or in connection with such construction, and subject to all of the Landlord’s re-measurement of the Buildinginsurance provisions herein.

Appears in 1 contract

Sources: Lease (Actua Corp)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area The commercial general liability insurance maintained by Tenant shall name Alexandria Real Estate Equities, Inc., and Landlord, its officers, directors, employees, managers, agents, sub-agents, constituent entities and lease signators (as defined in Section 2.12) of office spacecollectively, as shown on Exhibit B (the PremisesLandlord Insured Parties”), located as additional insureds; insure on Floors 13 through 18 an occurrence and not a claims-made basis; be issued by insurance companies which have a rating of not less than policyholder rating of A and financial category rating of at least Class VIII in “Best’s Insurance Guide”; not contain a hostile fire exclusion; contain a contractual liability endorsement; and provide primary coverage to Landlord Insured Parties (19,044 RSF any policy issued to Landlord Insured Parties providing duplicate or similar coverage shall be deemed excess over Tenant’s policies regardless of limits). Tenant shall (i) provide Landlord with 30 days’ advance written notice of cancellation of such commercial general liability policy, and (ii) request that its insurer to endeavor to provide 10 days’ advance written notice of cancellation of such commercial general liability policy. Certificates of insurance showing the limits of coverage required hereunder and showing Landlord as an additional insured, along with reasonable evidence of the payment of premiums for the applicable period, shall be delivered to Landlord by Tenant prior to each renewal of said insurance. Tenant’s policy may be a “blanket policy” with an aggregate per floor) and 3,992 RSF of deck space. Landlord represents location endorsement which specifically provides that the entire Building is approximately 209,476 square feet amount of Rentable Area. Providedinsurance shall not be prejudiced by other losses covered by the policy; provided, however, that the exact amount of Rentable Area in such per location endorsement shall not be required for so long as the Premises shall be determined following completion of is the Building and preliminary space plans only location in which Tenant is conducting business. Tenant shall, at least 5 days prior to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraphsuch policies, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, furnish Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. with renewal certificates.” Notwithstanding anything to the contrary contained in this Second Amendment or in the Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to certificate of insurance showing the coverage limits required under the Lease, as amended by this Lease as prepared by LandlordSection 17, which amendment shall set forth the revised concurrently with Tenant’s Pro Rata Share and other modifications delivery of an executed copy of this Second Amendment to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Lease Agreement (Vividion Therapeutics, Inc.)

Premises. That portion of Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the Building consisting of approximately 114,264 square feet of Rentable Area (as defined term and subject to the agreements, conditions and provisions contained in Section 2.12) of office spacethe Basic Lease Information and hereinafter set forth, as those certain premises shown cross hatched on Exhibit B A attached hereto (the “Premises”), which Premises are located on Floors 13 through 18 in the building specified in the Basic Lease Information (19,044 RSF per floorthe “Building”). Except only for any improvements which Landlord has expressly agreed herein to construct and install in the Premises pursuant to the Work Letter attached as Exhibit B (“Landlord’s Work”) and 3,992 RSF as otherwise set forth herein, the Premises are leased “AS IS” and in the condition existing at the time of deck spaceexecution of this Lease. Landlord has made no representation or warranty regarding the Premises (and no broker, property manager or other agent of Landlord has made any such representation or warranty, nor has authority to do so). Notwithstanding the foregoing or anything else to the contrary contained in this Lease, Landlord represents that on the entire date the possession of the Premises is delivered to Tenant: (i) Landlord has no notice that the Premises is in not in compliance with any applicable laws, including, the Americans With Disabilities Act, and (ii) that all load bearing walls, foundations, roof and other structural elements of the Premises and the plumbing, electrical systems, fire sprinkler systems, lighting, air conditioning and heating systems and all other Building is approximately 209,476 square feet of Rentable Area. Provided, howeversystems serving the Premises will be in good condition and repair; provided, that if any such Building system requires repair within the exact amount first thirty (30) days following the Term Commencement Date (the “Landlord Repair Period”) and the reason for which such repair is necessary is not due to an act or omission of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant or Tenant’s architect. Promptly after Landlord approves the preliminary space plansagents, employees, contractors or invitees, Landlord shall submit to Tenant, pay for Tenant’s reasonable approval, a written certification made by the cost of such repairs at Landlord’s architect sole cost and expense so long as Tenant notifies Landlord of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after need for such repairs prior to the expiration of the Landlord’s remeasurement period Landlord Repair Period. The Rentable Area of the Premises and of the Building specified in the following paragraph, engage an independent certified architect or surveyor to measure Basic Lease Information are approximations that Landlord and Tenant have stipulated as the Rentable Area of the PremisesPremises and Building, respectively, and shall not be subject to adjustment by either Landlord or Tenant during the Term (as may be extended). If Tenant is satisfied with such calculation has a different Rentable Area than Landlord’s certification, approximations and with the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained size of the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason ; no claim may be made based upon inaccuracy of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingfigures.

Appears in 1 contract

Sources: Building Lease (Zulily, Inc.)

Premises. That Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined) and any other portion of the Building consisting Building, the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of approximately 114,264 square feet 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 Rentable Area debris with the existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the Premises (as defined in Section 2.12but not the HVAC system serving the warehouse portion of the Premises, if any) of office space, as shown on Exhibit B (the “PremisesHVAC System”), located in good operating condition on Floors 13 through 18 (19,044 RSF per floor) the Commencement Date and 3,992 RSF of deck space. Landlord represents warrants that the entire Building is approximately 209,476 square feet of Rentable Area. ProvidedHVAC 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”), however, that except to the exact amount of Rentable Area extent such failure in the Premises shall be determined following completion of the Building and preliminary space plans HVAC System to be prepared operate in good working order is caused by Tenant’s architectuse or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. Promptly after Landlord approves If a non-compliance with the preliminary space plansforegoing 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 submit to Tenant, for be the obligation of Tenant at Tenant’s reasonable approval, sole cost and expense. If a written certification made by Landlord’s architect of non-compliance with the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may HVAC warranty exists at any time within one month after 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 remeasurement period 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 following paragraphPremises prior to the Commencement Date (collectively, engage an independent certified architect or surveyor to measure “Landlord Work”): (a) re-floor as floored areas in the Rentable Area 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. If such calculation has a different Rentable Area than Landlord’s certification, Tenant hereby acknowledges that the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained area of the Premises, Landlord the Building and the Project set forth in the Basic Lease Information is approximate only, and Tenant shall execute a commercially reasonable amendment accepts and agrees to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required be bound by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include such figures for all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary purposes in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

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

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the Premises, excluding exterior faces of exterior walls, the common lobbies, hallways, stairways, stairwells, elevator shafts and other common areas, and the escalators, elevators, pipes, ducts, conduits, wires and appurtenant fixtures and other common facilities serving the common areas or the Premises together with other portions of the Property. Tenant shall have, as appurtenant to the Premises, rights to use, in common with others, subject to reasonable rules of general applicability to tenants of the Building consisting from time to time made by Landlord of approximately 114,264 square feet which Tenant is given notice, the common areas and facilities of Rentable Area (the Property intended for use by tenants of the Property. If Tenant shall elect to extend the term pursuant to Section 2.3, then if Landlord so requests, Tenant shall vacate the Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space in the Building, such space to be reasonably comparable in size, layout and finish to the Premises, and further provided that Landlord shall, at its sole cost and expense, move Tenant and its equipment, furniture and other removable personal property from the Premises to such new space in such manner as defined will minimize, to the greatest extent practicable, interference with the business or operations of Tenant. If Landlord elects to relocate Tenant pursuant to this paragraph, Landlord shall also reimburse Tenant for the documented, reasonable third-party costs necessarily incurred by Tenant by reason of such relocation, such as, by way of illustration only, replacing existing stocks of Tenant’s stationery to reflect the new location of the Premises. Any such substitute space shall, from and after the date such space is so provided, be treated as the Premises demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in Section 2.12) of office spacethis Lease, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedprovided, however, that the exact amount of Rentable Area Annual Fixed Rent and Tenant’s Percentage shall not be increased due to any such relocation, notwithstanding any increase in the Premises Rentable Area resulting from such relocation. Any request by Landlord pursuant to this paragraph (the “Relocation Request”) shall be determined following completion included in Landlord’s Notice given pursuant to Section 2.3 and shall identify the proposed substitute space. The date on which Tenant shall be required to relocate shall be the first day of the Building and preliminary Extended Term or as soon thereafter as Landlord is able to put the substitute space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premisescondition required hereby and to move Tenant and its equipment, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share furniture and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of removable personal property from the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingsubstitute space.

Appears in 1 contract

Sources: Lease Agreement (Leap Therapeutics, Inc.)

Premises. That portion Subject to and with the benefit of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease and any ground lease or land disposition agreement relating to the parcel on which are affected by such re-measurement. Within ten the building (10the"Building") business days after receipt by is located ("the TenantLot"), Landlord hereby leases to Tenant and Tenant leases from Landlord, approximately 15,592 Rentable Square Feet located on the fourth floor of the Building known as Five Clock Tower Place, Maynard, MA, as shown in Exhibit A, excluding exterior faces of exterior walls, the Tenant shall execute, acknowledge common facilities area and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share building service fixtures and equipment serving exclusively or in common other modifications to this Lease required by reason of the Landlord’s re-measurement parts of the Building. Tenant's Space, with such exclusions, is hereinafter referred to as the "Premises". Tenant shall have use of the entire Premises, however will pay rent of 5,500 RSF for the first twelve months of the term, pay rent on 10,500 RSF for the second twelve months of the initial term and upon commencement of the twenty fifth month will pay rent on the entire Premises. Landlord will build out the space per a mutually agreeable time schedule once the final space plans and pricing are approved. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which it is given notice: (a) the common facilities included in the Building or on the Lot, including the parking facility, if any, to the extent from time to time designated by Landlord; and (b) the building service fixtures and equipment serving the Premises; (c) parking spaces will be allocated per the three year occupancy schedule and employee occupancy for a total maximum of 75 spaces, unassigned. Landlord reserves the right from time to time, without unreasonable interference with Tenant's use (a) to install, repair, replace, use, mainta▇▇ ▇▇▇ relocate for service to the Premises and to other parts of the Building or either, building service fixtures and equipment wherever located in the Building, and (b) to alter or relocate any other common facility provided that substitutions are substantially equivalent or better. 2.1.1 TEMPORARY SPACE Upon Lease execution, Landlord will provide temporary office space to Tenant in building Two on the second floor known as Suite # 270. Provided that the Tenant's Design plan has been delivered to Landlord for the leased Premises in building Five, on or before April 1, 1999 there will be no cost to Tenant for the Temporary space. Tenant will pay $1,000 per week for each week that Tenant's Design plan is delayed beyond April 15▇▇. ▇▇wever, upon delivery of Tenant's Design plan free rent for Temporary sp▇▇▇ ▇▇all again commence.

Appears in 1 contract

Sources: Lease (Softlock Com Inc)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office spaceLetting. Sublessor hereby subleases to Sublessee, as shown on Exhibit B (the “Premises”)and Sublessee hereby subleases from Sublessor, located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Furtherfor the term, Tenant may at any time within one month after the expiration Base Rent, and upon all of the Landlord’s remeasurement period in the following paragraphterms, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord covenants and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall 2.2 conditions set forth in this Sublease. While the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area approximate square footage of the Premises be greater than 3% over may have been used in the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be greater determined to be different. Note: Sublessee is advised to verify the actual size prior to executing this Sublease. Condition. Sublessor shall deliver the Premises to Sublessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), and any items which the Sublessor is obligated to construct pursuant to the Work Letter attached hereto, if any, other than 3% over those constructed by Sublessee, shall be in good operating condition on said date. If a non¬compliance with such warranty exists as of the sizes set forth hereinStart Date, Landlord shall have the right or if one of such systems or elements should malfunction or fail within the first six appropriate warranty period, Sublessor shall, as Sublessor's sole obligation with respect to such matter, except as otherwise provided in this Sublease, promptly after receipt of written notice from Sublessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Sublessor's expense. The warranty periods shall be as follows: (i) 6 months following as to the Commencement DateHVAC systems, within its reasonable discretion, and (ii) 30 days as to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes remaining systems and other provisions elements. If Sublessee does not give Sublessor the required notice within the appropriate warranty period, correction of this Lease which are affected by any such renon-measurementcompliance, malfunction or failure shall be the obligation of Sublessee at Sublessee's sole cost and expense. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.2.3

Appears in 1 contract

Sources: Sublease Agreement (MoSys, Inc.)

Premises. That portion of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B Landlord leases to Tenant and Tenant leases from Landlord certain premises (the “Premises”)) consisting of all or part of a building (the “Building”) either existing or to be constructed pursuant to this Lease approximately in the area shown on the “Site Plan” attached hereto as Exhibit A and incorporated herein by this reference, located on Floors 13 through 18 which Building contains or shall contain approximately forty-five thousand (19,044 RSF per floor45,000) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable “Floor Area” (as hereinafter defined), together with certain improvements (the “Improvements”) located therein, for the “Term” (as hereinafter defined), at the rental, and upon the terms, conditions and provisions set forth in this Lease. Provided, however, that the exact amount The Premises is a part of Rentable Area a larger “Shopping Center” located in the Premises City of La Cañada, County of Los Angeles, State of California, shown on Exhibit A and legally described on Exhibit B attached hereto and incorporated herein by this reference. As used herein, the term “Floor Area” shall be determined following completion mean all areas from time to time available, or held for the exclusive use and occupancy of occupants or future occupants of the Building Shopping Center (including, without limitation, mezzanines used for the customer accessible display or sale of merchandise, provided that mezzanines used for storage or display of merchandise which is not accessible to customers shall not be included in Floor Area), measured from the exterior surface of exterior walls and preliminary space plans to be prepared by Tenant’s architectfrom the center of interior demising partitions. Promptly after Landlord approves the preliminary space plansFloor Area shall not include any areas used for truck parking, Landlord shall submit to Tenantloading or unloading, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect trash storage or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth hereinsidewalk. The Premises shall include all items installed be constructed with a mezzanine (the “Mezzanine”) for storage and/or display of merchandise which is not accessible to customers; provided, that it is acknowledged and agreed by the parties that the Mezzanine may not be used for office use. Neither the Mezzanine nor the Side Yard shall be deemed to constitute Floor Area under this Lease and Tenant shall not be liable for payment of rent or constructed therein, or affixed additional charges with respect to the Building therein, including but Mezzanine or Side Yard. The parties agree and acknowledge that the Site Plan is not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within yet final and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses changes to the Site Plan and Real Property Taxes and other the Shopping Center from time to time, subject to the provisions of this Lease which are affected by such re-measurement. Within ten (10Section 9(c) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingbelow.

Appears in 1 contract

Sources: Retail Lease (Sport Chalet Inc)

Premises. That portion For purposes of this Article SEVENTEEN, a Tenant shall be deemed to be subletting "substantially all of the Building consisting premises" if the Affected Premises constitutes seventy five (75%) percent or more of approximately 114,264 the rentable square feet footage of Rentable Area the premises. (d) If the Landlord exercises the option set forth in paragraph (c) (i) above to terminate this lease in its entirety, then (i) the term of this lease shall end and expire with respect to the entire premises on the ninetieth (90th) day following the date of Landlord's Notice and (ii) the Tenant shall surrender the entire premises to the Landlord on such date, in the same manner and condition as defined in Section 2.12) of office spaceis required by this lease, as shown on Exhibit B if such date were the Expiration Date set forth in this lease, and (the “Premises”), located on Floors 13 through 18 (19,044 RSF per flooriii) fixed rent and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises additional rent shall be determined following completion apportioned as of such expiration date. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, instead of terminating the lease, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and interest in and to this lease to the Landlord, such assignment to be effective as of the Building date such lease termination would be effective and preliminary space plans to otherwise on the terms and conditions set forth in this paragraph (d). Upon such assignment, the Tenant shall be prepared by Tenant’s architect. Promptly relieved of all liability accruing under this lease after the effective date of such assignment, and the Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect may thereafter further assign this lease or sublet all or part of the exact amount of Rentable Area contained in premises to any party and the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment have no right to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Areaany proceeds derived from such assignment or subletting. In no event shall the actual Rentable Area provisions of this paragraph (d) relieve the Tenant of any obligations which accrued prior to the termination of this lease or the assignment to the Landlord, as the case may be. (e) If the Landlord exercises the option set forth in paragraph (c)(ii) above to terminate the lease with respect to the Affected Premises, then (i) the term of this lease shall end and expire with respect to the Affected Premises on the ninetieth (90th) day following the date of the Landlord's Notice and (ii) the Tenant shall surrender the Affected Premises be greater than 3% over to the sizes Landlord on such date, in the same manner and condition as is required by this lease, as if such date were the Expiration Date set forth herein. The in this lease and (iii) fixed rent and additional rent with respect to the Affected Premises shall include all items installed be apportioned as of such Expiration Date and the Tenant's prospective rent obligations which are based on square footage (including, without limitation, fixed rent and additional rent payable pursuant to Article THIRTY of this lease) shall be reduced accordingly, and (iv) the Landlord at its own expense (or constructed thereinat the Tenant's expense, or affixed if the cost thereof was to be the Tenant's pursuant to the Building thereinTenant's Notice), including but not limited toshall erect the partitioning required to separate the Affected Premises from the remainder of the premises, doorscreate any doors required to provide an independent means of access to the Affected Premises from elevators and lavatories and segregate the wiring and meters and electric current facilities, partitionsso that the Affected Premises may be used as a unit for commercial purposes, ceilingsseparate from the remainder of the premises. If the remaining premises contain the core lavatories, built-the occupant of the Affected Premises shall have the right to use such lavatories in cabinetscommon with the Tenant. If the Tenant performs such work, electrical fixturesit shall commence such work promptly upon receipt of Landlord's Notice and shall proceed to complete such work in a diligent and workmanlike manner. If required pursuant to the terms of any ground lease or any fee or leasehold mortgage affecting the building or premises, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving instead of terminating the lease with respect to the Affected Premises, the Landlord may, at its option, elect to have the Tenant assign all of its right, title and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything interest with respect to the contrary Affected Premises to the Landlord, such assignment to be effective as of the date such lease termination would be effective and otherwise on the terms and conditions set forth in this Lease, but subject paragraph (e). Upon the assignment of the lease to the provision that in Landlord with respect to the Affected Premises, the Tenant shall be relieved of all liability accruing under this lease with respect to the Affected Premises after the effective date of such assignment, and Landlord may further assign the lease or sublet all or part of the Affected Premises to any party and the Tenant shall have no right to any proceeds derived from such assignment or subletting. In no event shall the actual Rentable Area provisions of this paragraph (e) relieve the Tenant of any obligations with respect to the Affected Premises which accrued with respect to the Affected Premises prior to the termination of the Premises be greater than 3% over lease or the sizes assignment to the Landlord, as the case may be. (f) In the event the Landlord does not elect either of the alternatives set forth hereinin paragraph (c) (i) or (ii) above, or in the event the Landlord fails to timely deliver the Landlord's Notice, the Landlord agrees not to unreasonably withhold or delay its consent to any proposed assignment or subletting, provided, however, that the Landlord shall have the right within to condition its consent to any proposed assignment or sublease on the first six months following following: (1) No Event of Default shall have theretofore occurred and be continuing under this lease. (2) The Tenant shall have delivered to the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by Landlord the Tenant's Notice as required by paragraph (b) above. (3) With respect to a sublease, the Tenant shall executecollaterally assign to the Landlord, acknowledge and deliver to grant the Landlord a commercially reasonable amendment security interest in, the sublease and the rents payable thereunder and shall take all necessary steps required to perfect such assignment and security interest. (4) The sublease shall include provisions to the effect that (i) if the Landlord shall notify the sublessee that the Tenant is in default in the payment of rent or in the performance of its other obligations under this lease, which default has continued beyond the applicable notice and cure period therefor, and summary proceedings have been commenced by the Landlord against the Tenant by reason thereof, the subtenant shall, if so requested by the Landlord, pay all rent and other amounts due under the sublease directly to the Landlord, (ii) notwithstanding any such payment by the subtenant directly to the Landlord, the term of the sublease shall terminate simultaneously with the termination of the term of this lease and the subtenant shall surrender the subleased premises upon such termination, (iii) the sublease shall be subject and subordinate to this Lease as prepared lease and to all matters to which this lease is or shall be subordinate, and (iv) any act or omission by Landlordthe subtenant which, if performed by the Tenant would constitute an Event of Default under the lease, shall also constitute an Event of Default under the sublease. (5) The proposed subtenant or assignee shall have a financial standing, be of a character, be engaged in a business, and propose to use the premises in a manner, which amendment shall set forth in the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason Landlord's reasonable judgment, is in keeping with the Landlord's standards in such respect of the other office tenancies in the building. (6) Provided comparable space is then available for lease by the Landlord in the building, or the Landlord reasonably expects comparable space to become available within the next four months, the proposed assignee or subtenant shall not then be a tenant, subtenant or assignee of any space in the building, nor shall the proposed subtenant or assignee be a person or entity with whom the Landlord is then negotiating to lease space in the building. (7) The premises may be listed with a broker for any rental rate, but shall not, without the Landlord’s 's prior consent, which consent shall not be unreasonably withheld or delayed, be otherwise publicly advertised for subletting at a rental rate less than the prevailing asking rental rate then set by the Landlord for comparable space in the building, and if no comparable space is then available, at the prevailing rental rate set by the Landlord. (8) The character of the business to be conducted or the proposed use of the premises by the proposed assignee or subtenant shall not (i) be likely to materially increase the Landlord's operating expenses beyond that which would be incurred for use by the Tenant or materially for use in accordance with the standards of use of other tenancies in the building, (ii) materially increase the burden on elevators over the burden prior to such proposed assignment or subletting, (iii) unreasonably interfere with the use and enjoyment by other tenants in the building of their premises, or (iv) violate any provisions or restrictions contained herein relating to the use or occupancy of the premises. (9) Any proposed sublease shall provide that in the event of the termination of this lease, or the re-measurement entry or dispossession of the Building.Tenant by the Landlord under this lease, such subtenant shall, at the Landlord's option, attorn to the Landlord as its

Appears in 1 contract

Sources: Lease Agreement (Starmedia Network Inc)

Premises. That portion Landlord shall lease to Tenant, and Tenant shall accept from Landlord, certain space containing approximately one thousand four hundred (1,400) square feet in the Building, as more particularly shown and outlined in red on the plans of the Building consisting attached hereto as Exhibit "B", which space shall be improved by Landlord in accordance with the specifications set forth on Exhibit "C" attached hereto (the "Improvements"), together with all the rights, easements, ways, waters, utilities, privileges and appurtenances, of approximately 114,264 square feet of Rentable Area whatever kind and nature, appertaining thereto (as defined in Section 2.12"Leased Premises"). The Improvements are to be completed by February 1, 2003 (the "Projected Completion Date"). 2.1. The initial term ("Initial Term") of office spacethis Lease shall be for a period of five (5) years which shall commence on the Projected Completion Date and terminate on the date which is five (5) years after the date of commencement of the Initial Term, as shown unless Landlord's completion of the Improvements in accordance with Exhibit C is delayed by the occurrence of any act or event which is beyond the control of Landlord, in which case the commencement date for the Initial Term shall be determined in accordance with the terms of Paragraph 2.2 below. 2.2. If the Leased Premises are not ready for occupancy by the Projected Completion Date of the Initial Term, then the term of this Lease shall commence on the first to occur of the following events: (a) The date that Tenant occupies the Leased Premises; or (b) Fifteen days after the date on which (i) Landlord shall have notified Tenant in writing that Landlord's work has been completed save for minor punch list items which do not interfere with Tenant's use of the Leased Premises; and (ii) Landlord has substantially completed the Improvements specified in Exhibit B ("C" to be provided by Landlord to the Leased Premises except for minor punch list items which do not interfere with Tenant's use of the Leased Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that if Landlord has failed to substantially complete the exact amount Improvements by February 1, 2003, except for minor punch list items, Tenant, as its sole remedy, may elect to cancel this Lease by giving Landlord written notice of Rentable Area such election to cancel by March 15, 2003. 2.3. The term "lease year" as used in this Lease shall mean a period of twelve (12) full consecutive calendar months. The first lease year shall begin on the Premises shall be determined following completion date of commencement of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves term hereof if that date is the preliminary space plansfirst day of a calendar month; if not, Landlord then the first lease year shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect commence on the first day of the exact amount calendar month next following the date of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration commencement of the Landlord’s remeasurement period in term hereof. Each succeeding lease year shall commence upon the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area anniversary date of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildinglease year.

Appears in 1 contract

Sources: Lease Agreement (Easton Bancorp Inc/Md)

Premises. That portion (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises contained within the suite designated in Subparagraph 1(b) and outlined on the Floor Plan attached hereto and marked Exhibit A and incorporated herein by this reference. The Premises are situated in that certain building which is located at the address designated in Subparagraph 1(b) (the “Building”), on the parcel or parcels of real property (the “Site”) outlined on the Site Plan attached hereto as Exhibit B and incorporated herein by this reference (the Building and the Site together with all other buildings, parking facilities and any and all other improvements situated on the Site are herein collectively referred to as the “Project”). The Premises are improved or to be improved with certain tenant improvements (the “Tenant Improvements”) described in the SETIA. (b) The parties agree that the letting and hiring of the Premises is upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. (c) See Addendum Paragraph 1 (d) Tenant shall have the nonexclusive right to use in common with Landlord and all persons, firms and corporations conducting business in the Project and their respective customers, guests, licensees, invitees, subtenants, employees and agents, subject to the terms of this Lease, the Rules and Regulations referred to in Paragraph 34 and all covenants, conditions and restrictions affecting the Project, the following areas (“Common Areas”) appurtenant to the Premises: (i) the Project’s common entrances, hallways, lobbies, restrooms not located within the premises of any tenant, elevators, if any, stairways and accessways, loading docks, ramps, drives and platforms and any passageways and serviceways thereto, and the common pipes, conduits, wires and appurtenant equipment serving the Premises; and (ii) parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas and similar areas and facilities within the Project which are for the common use of the owners, tenants and occupants of buildings within the Project and their respective employees, customers and invitees. See Addendum Paragraph 1.5 (e) Landlord reserves the right from time to time without unreasonable interference with Tenant’s use: (i) to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined above the ceiling surfaces, below the floor surfaces, within the walls and in Section 2.12) of office spacethe central core areas, as shown on Exhibit B (the “Premises”)and to relocate any pipes, located on Floors 13 through 18 (19,044 RSF per floor) ducts, conduits, wires and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area appurtenant meters and equipment included in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained which are located in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect Premises or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving located elsewhere outside the Premises, and fire and life safety equipment within and exclusively serving to expand the Premises. Notwithstanding anything Building; (ii) to make changes to the contrary in this Lease, but subject design of the Project including changes to the provision that Common Areas, including, without limitation, changes in no event shall the actual Rentable Area location, size, shape and number of buildings, driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscape areas and walkways; (iii) to close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available; (iv) to designate other land outside the boundaries of the Building or Project to be greater than 3% over a part of the sizes set forth hereinCommon Areas; (v) to add additional buildings and improvements to the Common Areas; (vi) to use the Common Areas while engaged in making additional improvements, Landlord shall have repairs or alterations to the right within Building or the first six months following the Commencement DateProject, within its reasonable discretionor any portion thereof; and (vii) to do and perform such other acts and make such other changes in, to re-measure or with respect to the Rentable Area Common Areas, the Building or the Project as Landlord may, in the Building and exercise of sound business judgment, deem to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurementbe appropriate. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.* See Addendum Paragraph 2

Appears in 1 contract

Sources: Office Lease (Placer Sierra Bancshares)

Premises. That portion (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises referenced in Paragraph 1 and outlined in Exhibit A (the "Premises"), located in the building (the "Building") which is part of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown project described on Exhibit B (the “Premises”"Project"), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents reserves the right to modify Tenant's percentage of the Project as set forth in Paragraph 1 if the Project size is increased through the development of additional property or decreased through the sale or other transfer of a portion of the Project. By entry on the Premises, Tenant acknowledges that it has examined the Premises and accepts the Premises in their present condition, subject to any additional work Landlord has agreed to perform pursuant to the provisions of this Lease. Notwithstanding the foregoing to the contrary, Landlord will deliver the Premises and the Project, including the parking lot, in good condition and repair and, as of the Commencement Date of the Lease, the electrical, mechanical, HVAC, plumbing, fire safety, and roof serving the Premises and Building will be in good condition and repair. Landlord shall be responsible for correcting any of the foregoing, provided such repair is not required, caused by or created by Tenant or Alterations by Tenant. As of the Commencement Date of the Lease, and to the best of Landlord's actual knowledge, and without duty of investigation, the Premises are in compliance with building codes and regulations. (b) The parties agree that the entire Building letting and hiring of the Premises is approximately 209,476 upon and subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. (c) The term "Rentable Square Feet" as used in this Lease shall include a portion of the total square feet contained in any lobby or building common areas of Rentable Areathe Building, such portion to approximate Tenant's Percentage (as shown in Subparagraph 1(h)) of said total square feet. Provided, however, that the exact amount of Rentable Area in the Premises Such portion shall be determined following completion by Landlord by measuring the area within the bounds of the outside surface of the glass or outer wall of the Building and preliminary the midpoint of all partitions separating the Premises from the building core, adjoining tenant space plans to and public corridors and other "Common Areas" as defined in this Lease. No deductions shall be prepared made for space occupied by structural or functional columns or other projections. For purposes of establishing the initial Tenant’s architect. Promptly after Landlord approves the preliminary space plans's Percentage, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect Annual Expense Allowance and Annual Basic Rent as shown in Paragraph 1 of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason number of the certified Rentable Area. In no event shall the actual Rentable Area Square Feet of the Premises is deemed to be greater than 3% over the sizes as set forth herein. The Premises shall include all items installed or constructed therein, or affixed to in Subparagraph 1(f) and the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual number of Rentable Area Square Feet of the Premises Project is deemed to be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingSubparagraph 1(g).

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (Vidamed Inc)

Premises. That portion of Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord the Premises located in the Building consisting of approximately 114,264 square feet of Rentable Area (as defined identified in Section 2.12) of office spacethe Basic Lease Provisions, as shown situated on the real property described in Exhibit B “A” attached hereto (the “PremisesProperty”), located such Premises as all further shown by diagonal lines on Floors 13 through 18 (19,044 RSF per floor) the drawing attached hereto as Exhibit “A-l” and 3,992 RSF 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 deck spaceLandlord to perform any improvements therein, except as expressly set forth in Exhibit “B” attached hereto and made a part of hereof. Landlord represents and Tenant agree that the entire Building is approximately 209,476 number of rentable square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area described in the Premises shall be determined following completion Paragraph 2 of the Building Basic Lease Provisions has been confirmed and preliminary space plans conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially have the non-exclusive right, in common with the other parties occupying the Property, to use the grounds, sidewalks, parking areas, driveways and alleys of the Property, subject to such reasonable amendment rules and regulations as Landlord may from time to this Lease, if necessary, which amendment time prescribe. Tenant shall set forth the revised Rent, be entitled to use up to Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Areatotal number of unreserved surface parking spaces near the Premises 24 hours per day, 7 days per week, 365 days per year, on a non-exclusive basis; provided that the minimum and maximum number of such spaces to which Tenant shall be entitled shall be two hundred fifty (250). In no event Tenant shall further have the actual Rentable Area right to use thirty (30) reserved parking spaces located near the main north entrance of the Premises at no additional cost to Tenant as depicted on Exhibit “J” attached hereto; provided that such thirty (30) reserved spaces shall be greater counted toward the two hundred fifty (250) unreserved surface parking spaces to which Tenant is entitled and provided further that Tenant shall be responsible for the cost of pavement lettering for each reserved space. Notwithstanding the foregoing, Tenant shall not be entitled to use more than 3% one hundred thirty (130) of such spaces (i.e., unreserved and reserved spaces) during the period beginning on the Commencement Date and ending on the last day of the twelfth (12th) full calendar month thereafter. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Tenant shall not succeed to any of Landlord’s easement rights over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed and relating to the Building thereinProperty, including but not limited tonor shall Tenant obtain any rights to common areas, doorsas designated by Landlord, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything other than those rights specifically granted to the contrary Tenant in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, . Landlord shall have the sole right within of control over the first six months following use, maintenance, configuration, repair and improvement of the Commencement Datecommon areas. Landlord may make such reasonable changes to the use or configuration of, within its reasonable discretionor improvements comprising, the common areas as Landlord may elect without liability to re-measure the Rentable Area in the Building and Tenant, subject only to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason vehicular parking rights shown in Item 9 of the Landlord’s re-measurement of the BuildingBasic Lease Provisions.

Appears in 1 contract

Sources: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

Premises. That portion of Landlord hereby leases to Tenant the Building consisting of approximately 114,264 square feet of Rentable Area (Premises, together with the right to use the Exterior Areas for their intended purposes as defined in Section 2.12) of office spacedriveways, as shown on Exhibit B (sidewalks, parking, loading and landscaped areas. Tenant accepts the Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plansExterior Areas “AS-IS”, Landlord shall submit to Tenantwith all defects, for Tenant’s reasonable approvalif any, a written certification made and without any representation or warranty of any kind, express or implied, by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area other than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall as otherwise expressly set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that all of Landlord’s obligations expressly set forth in no event shall the actual Rentable Area this Lease. Landlord warrants to Tenant that, (i) as of the Premises be greater than 3% date hereof, the Permitted Use has been approved (without the need for a special use permit) by the governmental authority having jurisdiction over the sizes set forth hereinProperty, Landlord shall have the right within the first six months following and (ii) as of the Commencement Date, within its reasonable discretionthe Premises and the Exterior Areas (and access thereto) shall be in material compliance with all Applicable Laws, to re-measure the Rentable Area in the Building unless and to make appropriate adjustments the extent a compliance obligation arises as a result of the acts or omissions of Tenant or any Tenant Party. In the event that, as of the Commencement Date, the Premises and the Exterior Areas (and access thereto) is not in compliance with all Applicable Laws other than as a result of the acts or omissions of Tenant or any Tenant Party, Landlord shall promptly remedy any such non-compliance at its sole cost and expense and indemnify and hold harmless Tenant and the Tenant Indemnitees with respect to any liability, damage, costs or losses incurred as a result of such non-compliance. Landlord shall have exclusive control of all Exterior Areas at all times, subject to Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other right to use same consistent with the provisions of this Lease which are affected by such re-measurementLease. Within ten thirty (1030) business days after receipt by following the Landlord Work Substantial Completion Date, Landlord shall provide to Tenant a certificate from Tenant, the Tenant shall execute, acknowledge and deliver ’s Design Professional certifying to Landlord and Tenant the rentable square footages of the Premises and the Building (based on a commercially reasonable calculation in accordance with the applicable Building Owners and Managers Association (BOMA) standards) and the parties hereto shall enter into an amendment to this Lease as prepared by Landlord, which amendment shall set forth to correct any inaccuracy in the revised Tenant’s Pro Rata Share and other modifications to terms of this Lease required that are dependent on such square footage as may be determined by reason of such measurement, including without limitation the Landlord’s re-measurement of the BuildingAllowance.

Appears in 1 contract

Sources: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)

Premises. That portion Sublandlord hereby subleases to Subtenant the Premises, and Subtenant hereby subleases the Premises from Sublandlord, pursuant to the terms and conditions of this Sublease. Subtenant shall accept the Building consisting Premises in the condition and state of approximately 114,264 square feet of Rentable Area repair on the Commencement Date (as defined in Section 2.123 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 office spacethe Master Lease. Except as otherwise provided in this Sublease, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) Subtenant expressly acknowledges and 3,992 RSF of deck space. Landlord represents agrees that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in Sublandlord has made no representations or warranties with respect to the Premises and that Sublandlord shall be determined following completion not have any obligation to perform any work to prepare the Premises for Subtenant’s use and occupancy. By taking possession of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown Subtenant is deemed to have accepted the Premises and agreed that the Premises is in good order and satisfactory condition, with no representation or warranty by floorSublandlord as to the condition of the Premises or the suitability thereof for Subtenant’s use except as otherwise expressly provided in this Sublease. The “Rentable Area of the Premises” is approximately 56,489 rentable square feet. Sublandlord and Subtenant hereby acknowledge and agree that Suite 100 is no longer part of the Premises pursuant to Section 40 of the Master Lease. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure Sublandlord and Subtenant hereby acknowledge and agree that the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certificationPremises shall not be subject to remeasurement or adjustment, nor shall Base Sublease Rent under this Sublease be subject to modification if the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason actual size of the certified Rentable Area. In no event shall Premises differs from the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingSection.

Appears in 1 contract

Sources: Sublease Agreement (Advanced BioHealing Inc)

Premises. That portion Effective as of the Building consisting Substitution Space Commencement Date, the Lease is hereby modified and amended to substitute for the Expanded Premises, approximately 22,002 rentable square feet, designated as Suite 1200 and located on the twelfth floor of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇, as shown on Exhibit B A attached hereto (the “PremisesSubstitution Space”). As used herein, located the term “Substitution Space Commencement Date” shall mean the earlier of (a) the date on Floors 13 through 18 which the Landlord Work (19,044 RSF per floordefined below) is Substantially Complete, as determined pursuant to the Work Letter (defined below), or (b) the date Tenant takes possession of any part of the 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 executed prior to March 24, 2004 and Landlord has not delivered the Substitution Space on or before October 1, 2004, subject to Tenant Delay (defined in the Work Letter) and 3,992 RSF Force Majeure (as defined in Paragraph 19(b) of deck spacethe Lease), then Tenant shall have 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 represents that the entire Building is approximately 209,476 also agrees to use good faith efforts to provide Tenant up to 4,000 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area temporary space in the Premises shall be determined following completion of the Office Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approvaluse during the period between July 31, a written certification made by Landlord’s architect 2004 and the date of Substantial Completion of the exact amount Landlord Work. Such temporary space, if available, will be delivered to Tenant within 15 days after notice from Tenant requesting such space. All terms and conditions of Rentable Area contained in the PremisesLease, including a breakdown as modified by floorthis 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. FurtherHowever, Tenant may at any time within one month 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 expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Substitution Space Commencement Date, within its reasonable discretion, to re-measure the Rentable Area term “Premises” wherever used in the Building Lease shall mean the Substitution Space. Tenant hereby acknowledges that the Substitution Space is leased by Tenant subject to all terms and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason conditions of the Landlord’s re-measurement of the BuildingLease, as amended by this Ninth Modification.

Appears in 1 contract

Sources: Office Lease (Westwood Holdings Group Inc)

Premises. That portion Landlord for and in consideration of the rents herein reserved and of the covenants and agreements herein contained on the part of Tenant to be kept observed and performed does by these presence lease to Tenant and Tenant leases from Landlord, the improved real estate located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, City of Madison, Dane County, Wisconsin which is more particularly described on Exhibit A, which is attached hereto and incorporated herein by reference, together with all improvements now or in the future located thereon, including a building which is to be renovated prior to the Beginning Date (defined below) at Landlord's sole expense, except as provided herein below, substantially in accordance with the preliminary plans and specifications which have been approved by Tenant (the "Building") which plans, specifications, and Work Letter are set forth, in part, in Exhibit B which is attached hereto and incorporated herein by reference and subject to the covenants, conditions, agreements, easements, encumbrances and restrictions of record affecting the real estate and improvements (such real estate and improvements as described hereinabove shall be referred to herein collectively hereinafter as the "Premises"). After the renovation of the Building, the Landlord and Tenant hereby agree that the Building will contain approximately 45,000 square feet. All renovations to the Building to be completed by Landlord shall be completed in a good and ▇▇▇▇▇▇▇ like manner and comply with all applicable laws, ordinances, rules and regulations of government authorities. Landlord and Tenant hereby acknowledge that the plans, specifications, and Work Letter set forth at Exhibit B are preliminary and the parties agree to work in good faith with their respective architects and engineers to agree upon final plans and specifications for the renovations of the Building consisting as quickly as practicable. Such final plans and specifications will set forth a time line for commencement of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared construction by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Leaseherein contained, but subject if the cost of any Tenant allowance item of work relative to the provision that in no event renovations, as finally agreed upon by Landlord and Tenant, exceeds the Tenant allowance for such item of work, Tenant shall pay Landlord the amount by which the actual Rentable Area cost of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share such item of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, work exceeds the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason allowance for such item of the Landlord’s re-measurement of the Buildingwork.

Appears in 1 contract

Sources: Building Lease (Sonic Foundry Inc)

Premises. That portion Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") presently known, as of the date of this Lease, as 4435 ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tuated in the City of San Jose, ▇▇unty of Santa Clar▇, ▇▇ate of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building consisting of shall be deemed to be approximately 114,264 seventy-seven thousand eight hundred five (77,805) square feet of Rentable Area (as defined in Section 2.12) of office spacethe "Building"), as shown cross-hatched on Exhibit B the site plan (the “Premises”), "Site Plan") attached hereto as Exhibit ~An. The Building is located on Floors 13 through 18 a larger parcel (19,044 RSF per floorthe "Parcel") and 3,992 RSF of deck spacecontaining other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in Exhibit "B" attached hereto, In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premise are located. Landlord represents that shall not be required to make any alterations, additions or improvements to the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in Premises and the Premises shall be determined following completion leased to Tenant in an "as-is" condition, except Landlord shall complete, at Landlord's expense, minor, previously planned, structural improvements and modifications required by the Americans with Disabilities Act (ADA) with regard to the existing Premises. Landlord shall not be responsible to pay or the cost of any improvements required to comply with ADA which is a result of any work of improvement to the Building and preliminary space plans to be prepared Premises initiated or completed by Tenant’s architect. Promptly after If Landlord's Work is not completed prior to Commencement Date, Tenant shall cooperate with Landlord approves and Landlord's contractor in the preliminary space plans, Landlord shall submit to performance of Landlord's Work. To the extent Landlord's Work interferes with Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect 's use of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration Monthly Installment of rent shall be reduced during the period of such interference in proportion to the square footage of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area area of the Premises be greater than 3% over which is not usable by Tenant during the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area performance of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building's Work.

Appears in 1 contract

Sources: Lease Agreement (3dfx Interactive Inc)

Premises. That portion 1.1 Subject to all of the Building consisting of approximately 114,264 square feet of Rentable Area terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (as defined in Section 2.12the Leased Premises) of office space, as shown crosshatched on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment "I" to this Lease, if necessary, which amendment shall set forth containing approximately 10,757 square feet of rental area on the revised Rent, Tenant’s Pro Rata Share 1st and other modifications to this Lease required by reason 2nd floors of the certified Rentable Area. In no event shall office building commonly known as ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (the actual Rentable Area of the Premises be greater than 3% over the sizes set forth hereinBuilding). The Premises shall include land described in Exhibit I and all items installed or constructed thereinimprovements thereon and appurtenances thereto, or affixed to the Building thereinincluding, including but not limited to, doorsthe Building, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisesaccess roadway, and fire related areas, shall be collectively hereinafter referred to as the Building Complex. Tenant shall also have access to and life safety use of the roof to the Building for installation and maintenance of Telecommunications equipment, including antennas and other broadcasting and transmission equipment, and supplemental HVAC; provided, however, that any installations and maintenance of the same shall be done at Tenant’s sole cost and expense and shall not interfere with the mechanical, electrical, roof, plumbing and any other systems of the Building. Any installation of new equipment within must comply with all applicable codes and exclusively serving requires Landlord approval, which will not be unreasonably withheld. If requested by Landlord, Tenant shall remove all equipment installed by Tenant on the Premises. roof of the Building after the Commence Date at the end of the lease, and restore the affected part of the Building Complex to its condition at the time of installation, reasonable wear allowed. 1.2 Notwithstanding anything to the contrary in this Lease, but subject the recital of the rentable area hereinabove set forth is for descriptive purposes only. Tenant shall have no right to terminate this Lease or receive any adjustment or rebate of any Base Rent or Additional Rent (as hereinafter defined) payable hereunder if said recital is incorrect. The Tenant has inspected the Leased Premises and is fully familiar with the scope and size thereof and agrees to pay the full Base Rent and Additional Rent set forth herein in consideration for the use and occupancy of said space, regardless of the actual number of square feet contained therein. 1.3 The Landlord reserves the right, during term of the Lease, to take possession of the Leased Premises, provided that the Landlord substitutes other comparable space within the Building for Tenant’s possession of the equivalent or larger size. All of the terms and conditions of this Lease, including the amount of monthly rent owed by the Tenant, shall remain unchanged if the Landlord exercises its rights hereunder to move the Tenant to such other comparable available space within the Building. Landlord shall provide the Tenant with at least 120 days prior notice before exercising its right hereunder to retake the Leased Premises. The substituted office space shall be fitted, repainted and have installed carpeting all of the same or better quality as the Leased Premises at Landlord’s cost and expense. The Landlord agrees to supervise and to pay all reasonable costs and expenses associated with moving Tenant and all of Tenant’s equipment and personal property to the provision that substitute space as well as all costs of moving and reinstalling Tenant's telephone system, computer system and internet system to the substitute space, with minimum interruption of service. During the term of this Lease, provided Tenant is not in no event shall the actual Rentable Area default of the Premises be greater than 3% over Lease at the sizes set forth hereintime space is available to rent, Landlord Tenant shall have the right within the of first six months following the Commencement Date, within its reasonable discretion, refusal to re-measure the Rentable Area rent any other space in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurementBuilding. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver must provide written response to Landlord a commercially reasonable amendment indicating whether or not it desires to this Lease as prepared by Landlord, which amendment shall set forth take the revised Tenant’s Pro Rata Share additional space within 15 days of Landlord offering the space to Tenant and other modifications committing to this Lease required by reason of Tenant that it is actively marketing the Landlord’s re-measurement of the Buildingspace.

Appears in 1 contract

Sources: Lease Agreement (Fusion Telecommunications International Inc)

Premises. That portion of a. Effective upon the Building consisting of approximately 114,264 square feet of Rentable Area earlier of, (i) the Substantial Completion Date (as defined in Section 2.123.4 of Exhibit B, hereof), or (ii) Tenant’s commencement of office spacebusiness activities in any part of Suite 2000 (“Suite 2000 Commencement Date”) the Premises shall be revised to include Suite 2000. If Landlord fails to deliver possession of Suite 2000 by June 1st, 2019 for any reason, Landlord shall not be liable for any damages caused thereby, and this Lease shall not become void or voidable. Notwithstanding the preceding sentence, if Landlord has not delivered possession of Suite 2000 to Tenant by September 1st, 2019 (the "Suite 2000 Delivery Deadline"), Landlord shall not have any liability to Tenant, but in such event (excepting cases in which such non-delivery was due in whole or in part to a Force Majeure Event), Tenant, as shown on Exhibit B its sole remedy, shall have the right to cancel this Amendment by giving written notice of such cancellation to Landlord at any time after the Suite 2000 Delivery Deadline and prior to the date Landlord delivers possession of Suite 2000 to Tenant, in which case this Amendment shall be cancelled effective thirty (the “Premises”)30) days after Landlord's receipt of Tenant's cancellation notice, located on Floors 13 through 18 unless Landlord delivers possession of Suite 2000 to Tenant within said thirty (19,044 RSF per floor30) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedday period; provided, however, that the exact amount Suite 2000 Delivery Deadline shall be extended by the number of Rentable Area days that Landlord is delayed in delivering possession of Suite 2000 due to any Tenant Delay (as defined in Paragraph 5 of Exhibit B, hereof). In the event of such cancellation by Tenant, Landlord shall promptly return the Additional Security Deposit, as hereinafter defined, to Tenant. b. Effective at close of business the day immediately preceding the Suite 2000 Commencement Date, Tenant shall surrender possession of the Current Premises in the condition required under the Original Lease. Upon delivery in such condition, the Current Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of removed from the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith Tenant fails to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason so surrender possession of the certified Rentable Area. In no event shall the actual Rentable Area of the Current Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months five (5) days following the Suite 2000 Commencement Date, within its reasonable discretion, Tenant shall be deemed to re-measure the Rentable Area have held over in the Building Current Premises and all provisions of the Article 19 of the Original Lease (Holding Over and Surrender) shall apply including the continuing obligation to make appropriate adjustments pay Monthly Base Rent (as adjusted in accordance with Article 19) and Tenant’s Pro Rata Share of Operating Expenses Escalations (as defined in Exhibit B of the Original Lease) for the Current Premises, in addition to the payment of Rent for Suite 2000 as provided for in Sections 3 and Real Property Taxes and other provisions 5 of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingAmendment.

Appears in 1 contract

Sources: Lease Amendment (Eidos Therapeutics, Inc.)

Premises. That 2.1 Tenant hereby leases from Landlord, and Landlord hereby leases to Tenant, the Premises for the Lease Term and upon the conditions and covenants set forth in this Lease. Tenant will have the non-exclusive right to use, at no additional charge to Tenant except as set forth in Article V of the Lease, the common and public areas of the Building for ingress and egress to the Premises and to use the roof terrace, which if constructed by Tenant at Tenant’s sole cost and expense pursuant the requirements set forth in Article IX hereof and in Exhibit B attached hereto, shall be made available to Tenant for its exclusive use after the Lease Commencement Date (as hereinafter defined), subject to Landlord’s access to such roof terrace at all times for inspection, maintenance, repair and the like, provided further that such exclusive use will be to the exclusion of other tenants in the Building (and Landlord except as otherwise provided herein) so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet in the Building. With respect to Landlord’s entry on the roof terrace, except in the event of an emergency, Landlord shall endeavor to give Tenant advance notice of any such entry and use commercially reasonable efforts to minimize disruption to Tenant’s use of such roof terrace during such entry. Landlord shall maintain the roof terrace, and Tenant shall reimburse Landlord for the entire cost of such maintenance from time to time (and in no event later than thirty (30) days after written invoice) as additional rent hereunder; provided, however, if such use of the roof terrace by Tenant becomes non-exclusive due to Tenant’s failure to meet the foregoing square footage requirement, then the cost of such maintenance by Landlord will be an Operating Expense (hereinafter defined) and shall be subject to the terms of Article V of this Lease. In addition, the use of the roof terrace (if constructed in accordance with the terms of this Lease) will be subject to reasonable written rules and regulations promulgated by Landlord and delivered to Tenant from time to time, so long as such rules and regulations do not materially adversely affect Tenant’s right to use such roof terrace. If the roof terrace is constructed by Tenant in accordance with the terms of this Lease and such roof terrace is in substantially in the eastern portion of the Building consisting Massachusetts Ave. wing of approximately 114,264 the Building, then from and after such construction by Tenant and thereafter so long as Tenant or a Permitted Transferee (and expressly excluding all subtenants or assignees) is leasing at least seventy thousand (70,000) rentable square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises 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 determined following completion obligated to (i) expend any material additional amounts in connection with such efforts or (ii) relocate any signs or equipment on the roof of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect as of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, date Tenant may at any time within one month after the expiration commences construction of the Landlord’s remeasurement period rooftop terrace in accordance with the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area terms of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises Except as may otherwise be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary expressly provided in this Lease, but subject to the provision that in no event shall the actual Rentable Area lease of the Premises does not include the right to use the roof (except as otherwise expressly provided in this Section 2.1 and Article XXVI of this Lease), mechanical rooms, electrical closets, janitorial closets, telephone rooms, or other non-common or non-public areas of the Building which are not included within the Premises. Tenant accepts the Premises “as is”, except for any improvements to be greater than 3% over performed by Landlord pursuant to the sizes Work Agreement, attached as Exhibit B. Tenant acknowledges that neither Landlord nor Landlord’s agent(s) have made any representations, expressed or implied, about the suitability of the Premises for Tenant’s intended use, except for general office use. It shall be Tenant’s sole responsibility, at Tenant’s sole time and expense, to obtain the necessary business licenses and occupancy permit for its Premises. Landlord and Tenant agree that as of the date of this Lease, the number of rentable square feet (i) in the Premises are the amounts set forth hereinin Section 1.2 above, and (ii) in the Storage Space is 1,000, and such amounts are not subject to remeasurement absent a change in the configuration of space in the Building impacting the Premises or Storage Space. 2.2 Unless otherwise allowed for and addressed in this Lease, Tenant may not enter or occupy the Premises until the Premises are tendered by Landlord. Because Tenant is performing the tenant improvement work (including the demolition work), Landlord shall have use commercially reasonable efforts to deliver the right within Premises, on a floor-by-floor basis as soon as reasonably possible after a floor (or part of floor to the first six months following extent that less than an entire floor is part of the Commencement Date, within its reasonable discretion, Premises) is vacated by an existing tenant. Any entry upon the Premises by Tenant before the Premises are tendered by Landlord shall only be with Landlord’s written consent and/or when accompanied by a representative of Landlord or Landlord’s representative (unless otherwise allowed for and addressed in this Lease). Said entry shall be subject to re-measure all of the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions terms of this Lease, but no such permitted entry shall change the Lease which are affected by such re-measurement. Within ten (10) business days after receipt by Commencement Date or the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason expiration date of the Landlord’s re-measurement of the BuildingLease Term.

Appears in 1 contract

Sources: Office Lease Agreement (Blackboard Inc)

Premises. That portion of Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, upon the Building consisting of approximately 114,264 square feet of Rentable Area (as defined terms and conditions herein set forth, the Premises described in Section 2.12l(b) of office space, hereof as shown on the Plans referenced in Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) A-1 attached hereto and 3,992 RSF of deck spaceincorporated herein. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. FurtherIn addition, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall also have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area aforementioned parking rights and rights of ingress and egress over common areas in the Building and the land ("Land") more particularly described on Exhibit A attached hereto, together with the right to make appropriate adjustments use the large green "Commons" area in the center of the campus of which the Land is a part. All of Tenant’s Pro Rata Share of Operating Expenses 's rights in and Real Property Taxes over the Land and other the Commons shall be subject to the provisions of that certain Reciprocal Easement Agreement dated of approximately even date herewith ("REA"), a copy of which Tenant acknowledges having had the opportunity to review. Landlord does not own the Building and Land but leases them pursuant to that certain Tower, and Adjacent Property Lease dated August 26, 1998 (the "Ground Lease") between Pacific Hospital Preservation and Development Authority, a Washington public authority ("PMC") as landlord and Landlord as tenant. This lease is therefore actually a sublease and subject and subordinate to all of the terms and conditions of the Ground Lease. For convenience, this sublease is referred to herein as this "Lease." Notwithstanding the foregoing, nothing in the Ground Lease shall modify or excuse Landlord's obligations to Tenant under this Lease. Landlord shall cause to be executed, concurrent with full execution of this Lease, an agreement by PMC acknowledging that this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by is in compliance with all requirements of the TenantGround Lease, and agreeing that, in the Tenant shall executeevent the Ground Lease is terminated for any reason, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared shall become a direct lease between Tenant and PMC without further action by Landlordeither party, which amendment and provided only that PMC shall set forth not be liable for (i) any claims against the revised Tenant’s Pro Rata Share and other modifications to Landlord under this Lease required by reason of accruing prior to the Landlord’s redate 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 defined in BOMA American National Standard Z6.1-measurement of the Building1996.

Appears in 1 contract

Sources: Lease Agreement (Amazon Com Inc)

Premises. That portion Except for dumpsters, neither trash nor any other material or thing shall be stored outside the Premises and storage in, or use of, above-ground storage tanks is prohibited. Tenant may maintain storage trailers and other similar storage facilities (excluding tanks) on the Premises provided such facilities comply with all applicable laws. In the event the Tenant fails to comply with any terms of this paragraph within thirty (30) days written notice of said violation(s), then Landlord shall, following telephonic notice to Tenant, undertake such steps which are necessary to rectify the violation(s) with Tenant being liable for all cost thereof, including any penalty or fine(s) associated with said violation(s) and any expenses incurred by Landlord to enforce this provision, whether court costs, attorneys' fees or any other cost of collection and enforcement. Tenant shall not be responsible for correcting conditions on the Premises necessary to comply with the Americans With Disabilities Act ("ADA") or laws relating to health, safety or the environment if such conditions existed as of the Building consisting Commencement Date of approximately 114,264 square feet the Lease and were then not in compliance with ADA or laws relating to health, safety or the environment; rather, Landlord shall correct such conditions and be obligated to bring the Premises into compliance with such laws at its sole cost and expense. If the conditions did not exist as of Rentable Area the Commencement Date of the Lease or did exist, but were then in compliance with laws relating to health, safety or the environment (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”excluding ADA), located on Floors 13 Landlord shall nevertheless correct such conditions and be obligated to bring the Premises into compliance with such laws at its sole cost and expense, but may treat such expenses as "Operating Expenses," to be passed through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedto Tenant, provided however, that the exact amount cost of Rentable Area in the Premises correction of such conditions shall be determined following completion of amortized over the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plansuseful life thereof, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may together with interest at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area interest rate incurred by Landlord in connection with such cost of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premisescorrection, and fire only that portion attributable to any one Lease year shall be chargeable to Tenant as an Operating Expense in that Lease year, and life safety equipment payable by Tenant within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area thirty (30) days of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingreceiving an invoice therefor.

Appears in 1 contract

Sources: Lease Agreement (Mapquest Com Inc)

Premises. That portion 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 in order for Landlord to perform Landlord's Work. Such access may be made at any time and from time to time in Landlord's discretion provided that Landlord shall give Tenant advance oral or written notice of the days and times Landlord shall require access to the Original Premises for the purposes stated herein. Tenant here by acknowledges that work of the type and scope of Landlord's Work may result in temporary shut-down of work and electrical service and other services in the Original Premises. In exercising Landlord's right to access the Original Premises and to perform Landlord's Work under this Para▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇▇▇ll use good faith efforts to avoid unreasonable interference with Tenant's use of the Original Premises. Landlord shall provide Tenant with advance notice of the shut down, if any, of services or utilities in connection with performing Landlord's Work and shall use good faith efforts to promptly reinstate any service so curtailed or suspended. Tenant hereby acknowledges that it has inspected the 1st Amendment Space and the common areas of the Building consisting and, except for the Landlord's Work, has agreed to lease the 1st Amendment space in its current "as is, where is" condition with all faults and without representation or warranty by Landlord of approximately 114,264 square feet any kind. Prior to Tenant taking occupancy of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including Tenant shall provide Landlord with a breakdown 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 floor. FurtherTenant when Tenant commences occupancy of the 1st Amendment Space for the Permitted Use, except for items which are then not completed or do not conform to specifications described in Exhibit B to this First Amendment and as to which Tenant may at any time within one month shall have given Landlord written notice prior to the date which is 30 days after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and date Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth occupy the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of 1st Amendment Space for the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingPermitted Uses.

Appears in 1 contract

Sources: Lease Agreement (Implant Science Corp)

Premises. That (a) Tenant has requested and Landlord has agreed to an expansion of the Premises (collectively, the "Expansion Space") to include the addition of (i) approximately 8,427 rentable square feet on the second floor of the Building known as Suite 200, and (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 City of Durham and certification of substantial completion by the Architect), which it is estimated shall occur on September 1, 2015 (the "Expansion Commencement Date"), and shall terminate on the revised Termination Date. On the Expansion Commencement Date, the term "Premises" under the Lease shall include the Expansion Premises, and the term "Building" shall be deemed to include the Receiving Room Building. Notwithstanding the foregoing, upon Tenant's request and within a reasonable timeframe thereafter, Landlord shall advise Tenant if a portion of the Building consisting Expansion Space (the "Early Portion") may be occupied by Tenant before the entirety of approximately 114,264 square feet the Expansion Space is completed and Tenant shall advise Landlord if it desires to occupy the Early Portion. Early occupancy of Rentable Area the Early Portion shall not trigger the Expansion Commencement Date or the Expansion Rent Abatement (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floorherein) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Providedfor such occupancy, however, that the exact amount of Rentable Area in the Premises Tenant shall be determined following completion pay an equitable portion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves Base Rent based upon the preliminary space plans, Landlord shall submit to Tenant, then current rate for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, and any other charges for the Early Portion (including a breakdown by floor. Furtherincreased charges for Operating Expenses based upon the increased Tenant's Proportionate Share), with Landlord and Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet negotiating reasonably and in good faith to resolve the discrepancy. After agreement by the parties determine such charges based on the Rentable Area contained square footage of the PremisesEarly 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, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall pay the Base Rent set forth in the revised RentLandlord's Notice (as defined herein). (c) Effective upon the Expansion Commencement Date, Tenant's Proportionate Share of the D▇▇▇▇▇▇ A Warehouse Building shall be 32.32431 percent, Tenant’s Pro Rata Proportionate Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event Receiving Room / Prizery Building shall the actual Rentable Area be 8.41119 percent, and Tenant’s Proportionate Share of the Premises Project shall be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building22.82741 percent.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Premises. That portion Landlord does hereby demise and let unto Tenant and Tenant does hereby lease and take from Landlord for the term and upon the terms, covenants, conditions and provisions set forth herein all that tract of land located at Ashley ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (herein called the "Lot") which is outlined in red on Exhibit "A" hereto, together with the building (herein called the "Building") and improvements to be constructed thereon in accordance with Article 2 hereof and the benefit of all rights, appurtenances, privileges, easements, rights of ingress or egress, licenses or hereditaments now or hereafter belonging or appertaining to any of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B foregoing (the Lot, the Building, such benefits and any other improvements thereon being herein collectively called the "Premises"), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF . Tenant acknowledges that Landlord does not own the Lot as of deck spacethe date hereof but is a contract vendee for the purchase of the Lot. Landlord represents and warrants that it has valid and enforceable contract rights to purchase the entire Building is approximately 209,476 square feet of Rentable AreaLot. ProvidedLandlord's obligations hereunder are contingent upon Landlord's obtaining title to the Lot on or before June 15, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises1999. If such calculation Landlord has a different Rentable Area than Landlord’s certificationnot obtained title to the Lot on or before June 15, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises1999, both Landlord and Tenant shall execute a commercially reasonable amendment have the right to terminate this LeaseAgreement by written notice, if necessary, which amendment and upon such termination neither party shall set forth have any further obligations to each other whatsoever except that Landlord shall return to Tenant any security deposit held by Landlord in connection herewith and shall take all necessary action to cause the revised Rent, Tenant’s Pro Rata Share and other modifications to Letter of Credit required by Section 31 of this Lease required by reason of the certified Rentable Areato be terminated. In no the event shall the actual Rentable Area that Tenant requests Landlord to make application for a Fee in Lieu of Property Tax as described in Section 6 hereof, it is understood and agreed that Landlord may be required to convey title to all or part of the Premises be greater than 3% over the sizes set forth herein. The Premises to Berkeley County, South Carolina in which event Landlord shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving lease the Premises, or such part thereof, from Berkeley County and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the shall automatically be converted from a lease to a sublease between Landlord and Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Lease Agreement (McNaughton Apparel Group Inc)

Premises. That portion Subject to the rent, terms and conditions herein set forth, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the Premises, subject to the terms and provisions of this Lease, to have and to hold for the Term, unless the Term shall be sooner terminated as hereinafter provided. No less than thirty (30) days Prior to the Commencement Date, Tenant shall have the right, upon written notice to Landlord, to enter the Premises for purposes of preparing the Premises for the installation of furniture systems, telephone equipment and similar functions to facilitate Tenant's move in and start up of its business operations. The indemnification and hold harmless provisions provided for herein shall apply during such pre- move in period. In addition, if prior to the Commencement Date Tenant shall determine that rentable square footage of the Building consisting Premises is not large enough to accommodate Tenant's space planning needs, Tenant shall be permitted to request that additional contiguous space be added to the Premises. Any such expansion of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion upon the same terms and conditions applicable to the Premises initially demised hereunder (including the Fixed Annual Rent and the Allowance) and the term of any such expansion space shall be coterminous with the term of the Premises initially demised hereunder. Any such expansion of the Premises pursuant to the terms of this paragraph shall be on the first (1st) floor only. In the event of any such expansion of the Premises pursuant to the terms of this paragraph, the parties shall enter into an amendment to this Lease adding such space to the Premises and the appropriate increases shall be made to the rentable square footage of the Premises, the Tenant's Proportionate Share and any other matter under this Lease that is a function of square footage shall also be adjusted accordingly. Promptly upon the Commencement Date, Landlord shall, at Landlord's own expense, direct its architect (or engineer) to determine the actual Usable Area of the Premises and the Rentable Areas of the Premises and the Building and preliminary space plans to be prepared by the Tenant’s architect. Promptly after Landlord approves 's Proportionate Share (based on B.O.M.A. and showing in detail the preliminary space plans, Landlord shall submit method of calculation thereof) as actually constructed and certify the same to Tenant. In the event that the foregoing measurements as determined in good faith by Landlord's architect (or engineer) are greater or less than the square footage specified in Section 1 of this Lease, for the Usable and Rentable Areas of the Premises and Tenant’s 's Proportionate Share shall be adjusted to equal the amount so determined, and the Fixed Annual Rent and all other amounts specified in this Lease which are a function of the Usable Area or Rentable Area of the Premises and/or Building shall be adjusted accordingly. In the event Tenant disagrees with the Landlord's architect's (or engineer's) determination of the Usable or Rentable Areas of the Premises or Building, Tenant shall have the right to obtain a good faith determination of the measurement in question by an architect (or engineer) of its choosing. If' the determinations of the measurement in question by the architects (or engineers) of the respective parties differ, the architects (or engineers) shall each be provided with a copy of the other party's architect's (or engineer's) determination. The two (2) architects (or engineers) shall have fourteen (14) days from delivery of the other party's architect's (or engineer's) determination to agree or to select a mutually agreeable third architect (or engineer). Such third architect (or engineer) shall have thirty (30) days from the date he is selected to make such independent measurements and investigation as he deems reasonable approval, and necessary and to deliver to the parties a written certification made by Landlord’s determination. The determination of such third architect or engineer will be final, binding and non-appealable. Each party shall bear the cost and fees of its architect (or engineer), and both parties shall equally divide the costs and fees of the exact amount third architect (or engineer). If the architects (or engineers) of the respective parties fail to agree yet do not appoint a third architect (or engineer) within the time provided, then either party may request that the then President of Palm Beach County Institute of Architects (or its successor organization) appoint such third architect (or engineer). If Palm Beach County does not have a chapter of the American Institute of Architects, then either party may request the Chief Judge of the Circuit Court of Palm Beach County, Florida appoint such third architect or engineer. If the parties have not agreed upon the Rentable Area contained in of the Premises, including a breakdown by floor. Furtherprior to the Rent Commencement Date, Tenant may at any time within one month after shall pay Fixed Annual Rent during the expiration of period prior to the final determination in an amount calculated using the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect 's architect's (or surveyor to measure engineer's) determination of the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, Upon the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on final determination of the Rentable Area contained of the Premises, Tenant shall immediately pay any amounts which were due and not paid, or Landlord shall credit Tenant's account for any excess amounts previously paid, as the case may require. In addition, upon the final determination of the Rentable Area of the Premises, Landlord and Tenant shall execute enter into a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share Commencement Date Memorandum and other modifications to this Confirmation of Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth hereinTerms. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area form of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease is attached hereto as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingExhibit "K".

Appears in 1 contract

Sources: Lease Agreement (Anchor Funding Services, Inc.)

Premises. That portion Sublessor hereby releases to Sublessee on the terms and conditions set forth in this Sublease the Master Premises (“Premises”): There is a discrepancy in the size of the Building consisting between that referred to in the Master Lease and that referred to in the space plan of approximately 114,264 square feet the Building. For all purposes of Rentable Area (as defined in Section 2.12) of office spacethis Sublease, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion of the Building and preliminary space plans conclusively deemed to be prepared by Tenant’s architect85,356 square feet calculated pursuant to the Standard Method of Measuring Floor Area, ANSI Z65.1-1996 (“BOMA Standard”). Promptly after Landlord approves Sublessee accepts the preliminary space plansPremises in their present “AS-IS” condition and shall be responsible, Landlord shall submit to Tenantat its cost and expense, for Tenant’s reasonable approvalall alterations, a written certification made by Landlord’s architect improvements, additions and other work required or desired for its use and occupancy of the exact amount of Rentable Area contained in 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 a breakdown by floor. Furtherbuilding codes, Tenant may at any time within one month after fire codes, life safety and ADA and will satisfy itself as to the expiration conditions of the Landlordbuilding and the air conditioning units, plumbing, heating and electrical panels and meters. To the best of Sublessor’s remeasurement period knowledge, there are no known violations of law. All improvements by Sublessee shall be pre-approved, constructed and maintained by Sublessee in accordance with the following paragraphMaster Lease. If required by Lessor, engage an independent certified architect or surveyor 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 measure install HVAC units and has submitted plans with respect thereto. Sublessee warrants, and Sublessor guarantees, that the Rentable Area HVAC units, if approved, will be watertight and that the integrity of the Premisesroof will not be impaired thereby. If such calculation has a different Rentable Area than Landlord’s certificationUntil further notice by the Lessor, the parties HVAC units will not be removed before or upon the end of Sublessee’s term hereunder, however, terminated and shall meet in good faith to resolve the discrepancy. After agreement by the parties remain on the Rentable Area contained the Premises, Landlord premises. Any removal and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease restoration of improvements by Sublessee as may be required by reason Lessor, shall he completed prior to the end of the certified Rentable AreaSublease term and in accordance with the Master Lease. In no event Sublessor Warrants that, should Sublessee’s installation, removal or maintenance of any improvements cause Lessor damage, Sublessor, in addition to Sublessee shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include jointly and severally responsible to Lessor for all items installed or constructed therein, or affixed to the Building thereincosts and damages resulting therefrom, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingattorneys’ fees.

Appears in 1 contract

Sources: Sublease Agreement (AeroVironment Inc)

Premises. That portion Landlord hereby ]cases to Tenant and Tenant hereby leases from Landlord, subject to all of the Building consisting of approximately 114,264 square feet of Rentable Area terms and conditions set forth herein, those certain premises (the "PREMISES") described in the Basic Lease Information and as defined outlined in Section 2.12) of office space, red or as shown in the cross-hatched markings on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents floor plan attached hereto as EXHIBIT B. The parties agree that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in for all purposes hereunder the Premises shall be determined following completion stipulated to contain the number of square feet of rentable area described in the Basic Lease Information. The Premises are located in that certain office building (containing 46,478 rentable square feet of space) (the "BUILDING") whose street address is as shown in the Basic Lease Information, and such rentable area shall not be subject to remeasurement or modification. The Building is located on that certain land which is also improved with landscaping, parking facilities and other improvements and appurtenances. Such land, together with all such improvements and appurtenances and the Building, are all or part of a project which may consist of more than one building and additional facilities, as described in the Basic Lease Information (containing 260,026 rentable square feet of space) (collectively referred to herein as the "PROJECT"). However, Landlord reserves the right to make such changes, additions and/or deletions to such land, the Building and preliminary space plans the Project and/or the common areas and parking or other facilities thereof as it shall determine from time to time, provided that, in connection with such changes, additions and/or deletions (i) Tenant's obligations under Paragraph 3 of this Lease shall not be prepared by increased as a result thereof, and (ii) Landlord agrees to use commercially reasonable efforts to avoid material and adverse interference with Tenant’s architect's use of or access to the Premises and the parking facilities servicing the same. Promptly after Landlord approves During the preliminary space plansTerm, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in maintain the Building and to make appropriate adjustments Project in Tenant’s Pro Rata Share a manner at least consistent with the manner in which the Building and Project are being maintained as of Operating Expenses and Real Property Taxes and other provisions the date of this Lease which are affected by such re-measurementLease. Within ten (10) business days after receipt by the TenantSubject to Landlord's reasonable rules and regulations, the Tenant shall executehave access to the Premises and the parking facilities servicing the same, acknowledge and deliver to Landlord twenty-four (24) hours a commercially reasonable amendment to this Lease as prepared by Landlordday, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingseven (7) days a week.

Appears in 1 contract

Sources: Office Lease (L90 Inc)

Premises. That (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises described in Subsection 1.01(i) above ("Premises") located within the building described in Subsection 1.01(h) (the “Building") owned by Landlord, and which is a portion of the Building consisting "Project" identified in Subsection 1.01(f). The Site Plan for the Project attached hereto as Exhibit B is attached for location reference purposes only and shall not constitute a representation or warranty by Landlord to be the final plan of approximately 114,264 square feet the Project, or to require Landlord to build any improvements, or to otherwise comply with the site plan or require Landlord to lease space to a particular tenant or type of tenant. (b) Upon completion of the Tenant Improvements, the Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion remeasured in accordance with BOMA publication ANSI Z65.1-1996 for a multi-tenant building without deduction of the Building and preliminary space plans to be prepared by area associated with Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floorspecial purpose HVAC shaft requirements. Further, Tenant may at any time within one month after second floor area lost to specialty mechanical shafts serving the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure Premises will be added back into the Rentable Area of the Premises. If Upon completion of such calculation has a different Rentable Area than Landlord’s certificationremeasurement, the parties Base Rent shall meet in good faith be adjusted to resolve reflect the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason recalculated area of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary Tenant acknowledges that, except as otherwise expressly set forth in this Lease, but subject neither Landlord nor any agent, property manager or broker of Landlord has made any representation or warranty with respect to the provision Premises, the Building, the Common Areas or the Project or their suitability for the conduct of Tenant's business and, that in no event shall the actual Rentable Area of except only for any improvements that Landlord has expressly agreed herein to construct and install, the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area are leased in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share “AS IS” condition existing at the time of Operating Expenses and Real Property Taxes and other provisions execution of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLease.

Appears in 1 contract

Sources: Lease Agreement (Lumera Corp)

Premises. That portion If LESSOR terminates this Lease, LESSOR may recover from LESSEE the sum of (i) all Rent and all other amounts accrued hereunder to the date of such termination; (ii) the costs of all actual expenses arising out of such termination, including, without limitation, (a) all costs actually incurred in collecting such amounts due from LESSEE under this Lease (including reasonable attorneys’ fees actually incurred and the costs of litigation and the like but only if LESSOR is successful in its litigation); and (b) all customary and necessary expenses incurred by LESSOR in attempting to relet the Premises or parts thereof (including advertisements, brokerage commissions, tenant’s allowances, lease inducements, costs of preparing space, and the like); and (iii) an amount equal to (A) the Rent which would have been payable by LESSEE under this Lease had this Lease not been so terminated for the period commencing after said termination and ending on the last day of the Building consisting Lease Term. If LESSOR terminates this Lease, LESSOR shall use commercially reasonable efforts to relet the Premises which efforts shall be subject to the reasonable requirements of approximately 114,264 square feet LESSOR to lease to high quality tenants and to develop the Premises with an appropriate mix of Rentable Area (as defined in Section 2.12) uses, tenants, and terms of office spacetenancies, as shown on Exhibit B (and the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) like and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area factoring in the Premises shall be determined following completion of the Building location and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area nature of the Premises. If such calculation has It is agreed that hiring a different Rentable Area than Landlord’s certification, reputable leasing broker to lease the parties shall meet Premises at market price and cooperating in good faith with such broker shall satisfy the requirement that Landlord use commercially reasonable efforts to resolve the discrepancyrelet. After agreement by the parties on the Rentable Area contained Even though LESSEE has breached this Lease and abandoned the Premises, Landlord this Lease shall continue in effect for so long as LESSOR does not terminate the Lease and Tenant shall execute a commercially reasonable amendment to LESSOR may enforce all its rights and remedies under this Lease, if necessaryincluding the right to recover Rent and as it becomes due. Any such payments due LESSOR shall be made on the dates that Rent would otherwise come due under this Lease, which amendment and LESSEE agrees that Landlord may file suit to recover any sums falling due from time to time. If any payment of Rent or any other payment payable hereunder by LESSEE to LESSOR shall set forth be overdue for a period of more than thirty (30) days, LESSOR may impose, at its election, interest on the revised Rentoverdue amount from the date when the same was payable until the date paid at a rate equal to twelve percent (12%) per annum. If the LESSEE shall default after reasonable notice thereof, Tenant’s Pro Rata Share and other modifications in the observance or performance of any conditions or covenants on LESSEE'S part to this Lease required be observed or performed under or by reason virtue of any of the certified Rentable Area. In no event shall provisions in any article of this lease, the actual Rentable Area LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the Premises be greater than 3% over LESSEE. If the sizes set forth herein. The Premises shall include all items installed LESSOR reasonably makes any expenditures or constructed therein, incurs any obligations for the payment of money in connection curing a LESSE default or affixed to the Building therein, enforcing this lease in any respect including but not limited to, doorsreasonable attorney's fees in instituting, partitionsprosecuting or defending any action or proceeding, ceilingssuch sums paid or obligations incurred, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving with interest at the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area rate of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt percent per annum and costs shall be paid to the LESSOR by the Tenant, LESSEE as additional rent in the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth event that the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the BuildingLESSOR prevails in such action.

Appears in 1 contract

Sources: Lease Agreement

Premises. That 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 same is performed substantially in accordance with all applicable laws, as all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process, to the 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 necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise, provided the same is performed substantially in accordance with all applicable laws. In the 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 address specified for notice to Landlord herein, the sum of 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 Building consisting Lease term (had such term not been terminated by Landlord prior to the date of approximately 114,264 square feet expiration as stated herein) less the Market Base Rental Rate (determined in accordance with Section 32.10 hereof) for such remaining term (net of Rentable Area (as defined in Section 2.12) all reasonably estimated costs of office space, as shown on Exhibit B (re-leasing for such remaining term). In the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. event that Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in elects to repossess the Premises without terminating the Lease, then Tenant shall be determined following completion 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 Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves Lease term until the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect date of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement term as stated herein diminished by any net sums thereafter received by Landlord through relenting the Premises during such period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement (after deducting expenses incurred by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Areaas provided below). In no event shall Tenant be entitled to any excess of any rental obtained by reletting over and above the actual Rentable Area 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 be greater than 3% over for an event of default, Landlord shall not have any obligation to relet or attempt to relet the sizes set forth herein. The Premises shall include all items installed or constructed thereinany portion thereof, or affixed to collect rental after reletting; and in the Building thereinevent of reletting, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving Landlord may relet the whole or any portion of the Premises, or let the Premises as part of a larger premises, for any period to any tenant and fire 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 life safety equipment within without thereby waiving such default, may make such payment and/or remedy such other default for the account of Tenant (and exclusively serving enter the PremisesPremises for such purpose), and thereupon Tenant shall be obligated to, and hereby agrees to 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 Tenant and 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 satisfaction or recognized for any purpose whatsoever. The 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. Notwithstanding anything to the contrary contained in this Lease, but subject Landlord agrees to the provision that use reasonable efforts to mitigate its damages however in no event shall the actual Rentable Area of Landlord be required to (i) lease space for less than market rates applicable for comparable space in first-class Buildings in Briargate Business Campus in Colorado Springs, Colorado, (ii) expend any sums or (iii) lease the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, prior to re-measure the Rentable Area any other available space in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share or any building owned by Landlord or an affiliated entity of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building.

Appears in 1 contract

Sources: Office Lease (Sm&a Corp)

Premises. That portion (a) This Lease shall be effective as between Landlord and Tenant as of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined 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 Section 2.12) of office space, as shown on Exhibit B A attached hereto and made a part hereof (the “Premises”), located on Floors 13 through 18 including the tenant improvements (19,044 RSF per floorthe “Tenant Improvements”) and 3,992 RSF of deck spacethereon presently existing or to be constructed in accordance with the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. Landlord represents that As hereinafter used in this Lease, the term “Building” shall refer to the entire structure in which the Premises are located, the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is approximately 209,476 square feet situated, and the term “Project” shall collectively refer to the Lot, the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of Rentable Areathe land below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by the Scheduled Lease Commencement Date. ProvidedPrior to the Lease Date, Landlord and Tenant have agreed upon certain project plans (“Project Plans”), attached hereto as Exhibit A-l. Landlord agrees to construct the Building in compliance with the Project Plans and all applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (using the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the “BOMA Standard”)) to determine the rentable area and usable area of the Premises. Based on such measurement, the Base Rent, and Tenant Improvement Allowance shall be proportionately adjusted; provided, however, that in no event (i) will such measurement result in a Rent increase to Tenant of more than two percent (2%), or (ii) will the exact amount rentable area of Rentable Area the Premises be more than twelve percent (12%) greater than the “Office Area” (as that term is defined in the Premises shall be determined following completion BOMA Standard) of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves Premises (the preliminary space plansdifference, Landlord shall submit to Tenant, for Tenant’s reasonable approval, expressed as a written certification made by Landlord’s architect percentage of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Office Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained between the Premises, Landlord ’ rentable area and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Office Area of the Premises be greater than 3% over is hereinafter referred to as the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building“Load Factor”).

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. That portion of (a) Landlord hereby leases to Tenant and Tenant hires and takes from Landlord the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B premises (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that comprising the entire Building is Third and Fourth Floors of the , office building known as The Commerce Street Building, 330 Commerce Street, described Nashville, Tennessee (the “Building”) located within the parcel of air space (the “Parcel”) described on Exhibit “A” attached hereto. The Premises contain approximately 209,476 57,345 rentable square feet and are delineated on the Space Plans attached hereto as Exhibit “B”. Tenant is also granted rights of Rentable Area. Provided, however, that the exact amount of Rentable Area in ingress and egress to the Premises shall be determined following completion and the Building through the elevator and lobby areas servicing the Building. The Premises are leased to Tenant subject to and with the benefits of the Building and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect terms of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth together with the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary appurtenances specifically granted in this Lease, but subject reserving and excepting to Landlord, provided the same do not interfere with Tenant’s occupancy of the Premises, (i) the use of the exterior faces of the walls (other than Tenant’s signage) and (ii) the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires through the Premises serving the other parts of the Building. (b) In addition, Landlord hereby leases to Tenant and Tenant hires and takes from Landlord sixty (60) parking spaces (the “CMT Parking”) on the top two (2) floors (the “Parking Area”) of the parking structure above which the Building is located, at a cost to Tenant of $90.00 per parking space per month ($5,400.00), to be paid with the Fixed Minimum Rent described in Article IV. The parking charge for the CMT Parking shall remain at $90.00 per parking space for the first Renewal Term. The parking charge for the CMT Parking during the second Renewal Term shall be 95% of the average monthly rate charged as of the commencement of the second Renewal Term by the three (3) parking garages identified on Exhibit “F” attached hereto. Landlord shall furnish card key entry to the provision Parking Area and shall provide sixty (60) card keys to Tenant for the CMT Parking. Tenant shall have the discretion to use such card keys for its employees, agents, visitors and guests. Landlord shall not issue more card keys than parking spaces that exist within the Parking Area. (c) In addition to the CMT Parking, Landlord hereby leases to Tenant and Tenant hires and takes from Landlord the remaining parking spaces (the “Additional Spaces”) located in no event the Parking Area, at a cost to Tenant of $75.00 per parking space per month, to be paid with the Fixed Minimum Rent described in Article IV. Landlord estimates that there will be 69 Additional Spaces. Tenant shall only be obligated to pay for the actual Rentable Area number of Additional Spaces provided. The parking charge for the Additional Spaces shall remain at $75.00 per parking space throughout the term of the Premises be greater than 3% over Lease. Landlord shall provide a card key to Tenant for each of the sizes set forth herein, Additional Spaces. Landlord shall have the right within to withdraw (i) all or (ii) thirty (30) (but not any other number) of the first six months following the Commencement DateAdditional Spaces from Tenant at any time prior to March 31, within its reasonable discretion, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions of this Lease which are affected by such re-measurement2004 upon providing Tenant with at least 60 days’ prior written notice. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver have the ongoing right to return all or any portion of the Additional Spaces to Landlord a commercially reasonable amendment to this Lease as prepared by Landlordeffective at any time after March 31, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building2004 upon providing Landlord with at least 60 days’ prior written notice.

Appears in 1 contract

Sources: Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Premises. That portion 4.1 Landlord's Work Landlord, at its cost, shall construct the Building and install the leasehold improvements as described in Schedule "B" in accordance with Landlord's building standards for a Class A building, in a good and workmanlike manner (the "Landlord's Work"). The clean room area and the warehouse area will be finished by the Landlord in accordance with building standard warehouse space. All improvements, fixturing and installations to the Premises required by Tenant which are not specifically expressed as being Landlord's Work shall be carried out by Landlord at Tenant's cost in accordance with the provisions for Landlord performing work on behalf of Tenant contained in Article 5 hereof. It is agreed and understood that no credit will be allowed to Tenant in the event Tenant does not require one or more of the items required to be performed or installed by the landlord as part of the Landlord's Work mentioned in Schedule "B". The Landlord shall assign to the Tenant any warranties received by the Landlord in connection with the Landlord's Work or the construction of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (to the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents extent that the entire Building is approximately 209,476 square feet Tenant has assumed in this lease the related obligation to maintain, repair or replace the items covered by the warranty. Any additional taxes or insurance premiums or other costs resulting from any leasehold improvements made to the Premises by Landlord or Tenant shall be the responsibility of Rentable AreaTenant. ProvidedSubject to the provisions of Article 5 of this lease, however, that the exact amount of Rentable Area Tenant may install in the Premises such partitions and decorations as it may desire, and, if expressly permitted in writing by the Landlord, such installations may be commenced prior to the Commencement Date; provided such work shall be determined following completion of the Building done by such contractor or contractors as Landlord may select and, provided such work shall be done in compliance with such rules and preliminary space plans to be prepared by Tenant’s architect. Promptly after Landlord approves the preliminary space plans, regulations as Landlord shall submit to establish; it being further understood and agreed that Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect of the exact amount of Rentable Area contained in the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties 's entry on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area occupancy of the Premises prior to the Commencement Date shall be greater governed by and be subject to all the provisions, covenants and conditions of this lease other than 3% over those requiring payment of rent or additional rent. Tenant shall be responsible for all costs and expenses of such work and for any costs and expenses of Landlord caused directly or indirectly by such work or by delays caused to the sizes Landlord directly or indirectly as a result of such work; provided further and without prejudice to the foregoing that in the event that Tenant shall desire to install any such partitions and decorations prior to the Commencement Date and such installations shall not be commenced and proceeded with in sufficient time to permit Landlord to provide the improvements set forth herein. The Premises shall include all items installed or constructed therein, or affixed in Schedule "B" prior to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area in commencement of the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other provisions term of this Lease which are affected by such re-measurement. Within ten (10) business days after receipt by the Tenant, the Tenant lease shall execute, acknowledge and deliver to Landlord in no way be delayed or postponed as a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Buildingconsequence thereof.

Appears in 1 contract

Sources: Lease Amendment (Lumenon Innovative Lightwave Technology Inc)

Premises. That portion In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 61,380 rentable square feet (the "Premises") in a building to be constructed by Landlord (the "Building") and situated on certain land (the "Land") in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. A floor plan of the Building consisting of approximately 114,264 square feet of Rentable Area (as defined in Section 2.12) of office space, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area in the Premises shall be determined following completion 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 the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant shall be conducted in a good and workmanlike manner and in accordance with all laws, statutes, and regulations, 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 Premises and any improvements thereto are in good and satisfactory condition as of the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the responsibility of Landlord within thirty (30) days of the Commencement Date. Tenant further acknowledges that no representations as to the repair of the 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 deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All construction of the Premises shall be performed by Landlord in accordance with the schedule, plans and specifications for the Premises (herein referred to collectively as the "Plans") which Plans are subject to the mutual and reasonable approval of Landlord and Tenant, a preliminary copy of which is attached hereto and made a part hereof as Exhibit C. Construction of the Premises shall proceed in accordance with the Building Design and Construction Schedule attached hereto and made a part hereof as Exhibit C-1. The components of the Shell Building shall be as set forth in Exhibit C-2, attached hereto and made a part hereof. The components of the Building Upfit shall be as set forth in Exhibit C-3, attached hereto and preliminary space plans made a part hereof. Tenant shall review the Plans to be prepared by Tenant’s architect. Promptly after Landlord approves provide its input with respect to all aspects of the preliminary space plansPlans, including, but not limited to, the specific needs of Tenant with respect to Heating, Ventilation and Air Conditioning and other Building systems, and Landlord shall submit act reasonably to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect accommodate the specific needs of Tenant with respect to the exact amount of Rentable Area contained in Building systems. Notwithstanding the Premises, including a breakdown by floor. Further, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premisesabove, Landlord and Tenant agree that a formal construction schedule and final Construction Drawings and Specifications, upon the completion of such documents by Landlord, Landlord's architectural and engineering service providers, and other such parties and further subject to the mutual and reasonable approval of such documents by Landlord and Tenant, will replace the contents of Exhibit C for purposes of controlling the actual construction of the Premises; and such formal construction schedule and final Construction Drawings and Specifications shall execute replace Exhibit C by means of a commercially reasonable lease amendment between Landlord and Tenant. The base rent delineated in Paragraph 2(a) includes the costs of the Shell Building, currently estimated to this Leasebe Ninety-Four and 35/100 Dollars ($94.35) per rentable square foot of the Premises (the "Shell Allowance"). Should the actual costs of the Shell Building (together with the reduced or increased financing costs and commissions of the Landlord) be different than the Shell Allowance, if necessarythe base rent due hereunder shall be increased or decreased accordingly by multiplying the difference between the actual cost thereof and the Shell Allowance by a factor of Ten and 85/100 Percent (10.85%), which amendment shall as reasonably determined by Landlord. The base rent delineated in Paragraph 2(a) also includes a contribution by the Landlord of Ninety-Two and 14/100 Dollars ($92.14) per rentable square foot of the Premises to be applied to the Building upfit, as set forth in Exhibit C-2 (the revised Rent"Upfit Allowance"). Further, Tenant’s Pro Rata Share Landlord has agreed to permit Tenant to increase the Upfit Allowance by up to an additional Twelve and other modifications to this Lease required by reason 86/100 Dollars ($12.86) per Rentable Square Foot of the certified Rentable AreaPremises to satisfy Tenant's interior finish requirements, as reasonably approved by Landlord (the Additional Upfit Allowance"). In no event At the option of Tenant, any portion or all of the Additional Upfit Allowance used by Tenant to complete the upfit shall be amortized over the actual Rentable Area term of the Lease with interest at the rate of eleven percent (11%) per annum and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Should for any reason the upfit costs for the Premises be greater than 3% over a total of One Hundred Five and NO/100 Dollars ($105.00) per rentable square foot (the sizes set forth herein"Maximum Upfit Allowance"), such excess (the "Excess") shall be borne by Tenant and payable by Tenant to Landlord within thirty (30) days of demand by Landlord to Tenant. The Premises shall include Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder and, in addition to all items installed or constructed thereinother remedies available to Landlord at law, or affixed in equity for such event of default, Landlord may recover from Tenant the cost it incurs in preparing the Premises for another tenant. Should the upfit costs for the Premises be less than the Upfit Allowance, Tenant shall be allowed to upgrade the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving improvements to the Premises, as reasonably approved by Landlord, to fully utilize the entire Upfit Allowance; or Tenant may elect to have Landlord apply the unused Upfit Allowance (together with the reduced financing costs and fire commissions of Landlord), multiplied by the amortization constant for eleven percent (11%) per annum to reduce the base rent due hereunder, proportionately over the entire Lease Term, all as reasonably determined by Landlord and life safety equipment within and exclusively serving Tenant. Additionally, in the Premises. Notwithstanding anything to event that Tenant shall not utilize all the contrary in this Lease, but subject to the provision that in no event shall the actual Rentable Area Upfit Allowance or all or any part of the Premises be greater than 3% over the sizes set forth hereinAdditional Upfit Allowance, Landlord Tenant shall have the right within to apply such unused monies towards the first six months following costs of upfitting the Premises subsequent to completion of the initial improvements ("Deferred Allowance") up to the Maximum Upfit Allowance, subject to mutual and reasonable approval of plans and specifications for such improvements by Landlord and Tenant. Tenant's right to the Deferred Allowance shall expire at the end of the second year of the term of the Lease and Landlord shall have no further obligation to provide any improvement allowances of any kind during the term of the Lease unless stated otherwise in this Lease. Any Deferred Allowance used by Tenant shall be amortized over the term of the Lease remaining at the time of completion of such improvements, with interest at the rate of eleven percent (11%) per annum (the "Amortization Constant"), and repaid by Tenant in equal monthly installments together with its payment of base rent hereunder. Landlord shall act reasonably to allow Tenant reasonable access to the Premises at least thirty days prior to the Commencement DateDate to install its furniture, within its reasonable discretiontelephone and computer systems, to re-measure the Rentable Area in the Building and to make appropriate adjustments in Tenant’s Pro Rata Share of Operating Expenses and Real Property Taxes and other special Building systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the Premises for occupancy by Tenant. Upon the entry by Tenant onto the Premises, this Lease shall be deemed to apply with respect to the 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 which are affected by such re-measurement. Within ten (10) business days after receipt by the TenantLease, the Tenant shall execute, acknowledge as provided in Sections 10 and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the Landlord’s re-measurement of the Building11 hereof.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)

Premises. That portion The real property and the leases described on SCHEDULE 4.11 represent all the real property owned (the "CSL OWNED PREMISES") or leased or subleased (the "CSL LEASED PREMISES") and the real property leases and subleases (the "CSL LEASES") entered into or assumed by CSL or any CSL Subsidiary, and, with respect to the Leased Properties, SCHEDULE 4.11 sets forth the date of the Building consisting lease and each amendment thereto and the aggregate annual rental payments and other fees payable under such lease. Except as set forth on SCHEDULE 4.11, each of approximately 114,264 square feet the CSL Leases is in full force and effect, and there is not under any of Rentable Area (as defined in Section 2.12) the CSL Leases any existing default or event of office spacedefault, as shown on Exhibit B (the “Premises”), located on Floors 13 through 18 (19,044 RSF per floor) and 3,992 RSF of deck space. Landlord represents except for any such defaults or notices that the entire Building is approximately 209,476 square feet of Rentable Area. Provided, however, that the exact amount of Rentable Area singly or in the Premises shall be determined following completion aggregate could not reasonably by expected to result in a CSL Material Adverse Change. CSL and each CSL Subsidiary has good and marketable title to each of the Building CSL Owned Premises and preliminary space plans except as set forth on SCHEDULE 4.11, each CSL Lease conveys good and marketable leasehold title to the CSL Leased Premises purported to be prepared conveyed thereunder, is enforceable by Tenant’s architect. Promptly after Landlord approves CSL or any CSL Subsidiary which is the preliminary space planslessee thereunder, Landlord shall submit to Tenant, for Tenant’s reasonable approval, a written certification made by Landlord’s architect provides exclusive possession of the exact amount of Rentable Area contained in the PremisesCSL Leased Premises leased thereunder, including a breakdown by floor. Furtherand, Tenant may at any time within one month after the expiration of the Landlord’s remeasurement period in the following paragraph, engage an independent certified architect or surveyor to measure the Rentable Area of the Premises. If such calculation has a different Rentable Area than Landlord’s certification, the parties shall meet in good faith to resolve the discrepancy. After agreement by the parties on the Rentable Area contained the Premises, Landlord and Tenant shall execute a commercially reasonable amendment to this Lease, if necessary, which amendment shall set forth the revised Rent, Tenant’s Pro Rata Share and other modifications to this Lease required by reason of the certified Rentable Area. In no event shall the actual Rentable Area of the Premises be greater than 3% over the sizes set forth herein. The Premises shall include all items installed or constructed therein, or affixed to the Building therein, including but not limited to, doors, partitions, ceilings, built-in cabinets, electrical fixtures, fixtures, outlets, switches, telephone outlets, floor coverings, window coverings, HVAC equipment within and exclusively serving the Premises, and fire and life safety equipment within and exclusively serving the Premises. Notwithstanding anything to the contrary in this Lease, but subject to the provision that receipt of non-disturbance agreements with respect to such CSL Leases, following the Transactions will continue to be enforceable in no event shall accordance with its terms. Except as set forth on SCHEDULE 4.11, CSL or each CSL Subsidiary has the actual Rentable Area right to use its respective CSL Leased Premises in accordance with the terms of each respective CSL Lease free and clear of all Claims. Each of the CSL Leased Premises be greater than 3% over the sizes set forth herein, Landlord shall have the right within the first six months following the Commencement Date, within its reasonable discretion, to re-measure the Rentable Area currently used in the Building CSL Business ("CSL OCCUPIED LEASED PREMISES") is adequately maintained, fully equipped with all necessary utilities and is in reasonably satisfactory condition and repair, consistent with the uses to make appropriate adjustments in Tenant’s Pro Rata Share which it is presently being put or intended to be put. To CSL's Knowledge, there is no violation of Operating Expenses and Real Property Taxes and any material covenant, restriction or other provisions agreement or understanding, oral or written, affecting or relating to title or use of this Lease which are affected by such re-measurementany CSL Leased Premises. Within ten (10) business days after receipt by the Tenant, the Tenant shall execute, acknowledge and deliver to Landlord a commercially reasonable amendment to this Lease as prepared by Landlord, which amendment shall set forth the revised Tenant’s Pro Rata Share and other modifications to this Lease required by reason Neither CSL nor any CSL Subsidiary has received notice of any pending or threatened condemnation or similar proceedings or any assessments affecting any of the Landlord’s re-measurement CSL Leased Premises, nor to CSL's Knowledge is any such condemnation or assessment contemplated by any Governmental Authority. CSL has delivered to CNS true and correct copies of the Buildingall CSL Leases, as amended to date.

Appears in 1 contract

Sources: Merger Agreement (Innovative Clinical Solutions LTD)